LAKE COUNTY AIR QUALITY MANAGEMENT DISTICT

CHAPTER VII PENALTIES, ENFORCEMENT AND CATEGORIES OF VIOLATIONS

Section 900: Pursuant to Section 42400 of the Health and Safety Code (H&SC), any person who violates any order, permit condition of an Authority to Construct or Permit to Operate, rule or regulation of the District, or requirement of the H&SC is guilty of a misdemeanor. Every day during any portion of which such violation occurs constitutes a separate offense. In seeking to remedy or penalize a violation the District may use a variety of enforcement methods as allowed in the H&SC, Division 26, Part 4, Chapter 4, Article 3 and may choose to refer alleged violations to prosecutorial bodies of the federal, state, county or city governments. Penalties for violations may be sought by the District by reaching a mutual settlement, filing a civil complaint, or by citation to a court of competent jurisdiction. The District should first endeavor to reach a prompt correction of any alleged violation and mutual settlement of less serious violations with responsible parties consistent with Section 950.
Section 901: Any person who intentionally or negligently violates any order of abatement issued by the District shall be liable for a civil penalty not to exceed twenty five thousand dollars ($ 25,000) for each day in which such violation occurs. (H&SC 42401)
Section 902:

Civil penalties: The civil penalties prescribed below shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by the District Attorney, or by the Attorney for the District in any court of competent jurisdiction. In determining such amount, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, economic gain likely to have been realized by the violation, the financial burden upon the defendant, timeliness of and corrective action(s) taken by the defendant, past violations and relevant maintenance record.

  1. Except as otherwise provided in these rules, any person who violates H&SC Section 41700 or 41701; or any order, permit condition of an Authority to Construct or Permit to Operate, rule or regulation of the District, shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) for each day in which such violation occurs. (H&SC 42402)
  2. Any person who negligently emits an air contaminant in violation of any rule, regulation or order of the Air Resources Board or of the District pertaining to emission regulations or limitations shall be liable for a civil penalty of not more than ten thousand dollars ($15,000) for each day in which such violation occurs. (H&SC 42402.1)
  3. Any person who emits an air contaminant in violation of any order, rule, or regulation of the state board or of the District pertaining to emission regulations or limitations, and who knew of the emission and failed to take corrective action within a reasonable period of time, or any person who emits an air contaminant in violation of H&SC 41700 which causes actual injury to the health or safety of a considerable number of persons or the public and who knew of the emission and failed to take corrective action within a reasonable period of time under the circumstances, shall be liable for a civil penalty not to exceed twenty five thousand dollars ($25,000) for each day in which such violation occurs. (H&SC 42402.2)
  4. In addition to the penalties specified in the preceding subsections (a), (b) and (c) the cost of putting out any unauthorized fires may be imposed on any person violating District burning regulations. (H&SC 42400.5)
  5. Any person who knowingly violates any permit condition, or fails to submit a fee or filing requirement of a Title V Permit, or knowingly makes any false material claim, statement, representation or certification in any form or in any notice required of a Title V source, or violates a federally enforceable permit condition, or knowingly renders inaccurate any monitoring device or method required of a Title V source is guilty of a misdemeanor and subject to a fine not to exceed ten thousand dollars ($10,000) for each day in which such violation occurs. (H&SC 42400.4)
Section 950:

Categories of Violations used for Corrective Notice, Mutual Settlements, or Formal Enforcement action by the District:

There are five violation categories consistent with the requirements of H&SC 39150(c), 40001, 40071, 42403 and 42420. These Categories 0, I, II, III and IV are used to determine corrective actions necessary and guidance for the settlement of penalty amounts corresponding to the seriousness of the violation under the Districtís "Minor Violations and the Notice to Comply" and "Mutual Settlement" policies. Guidance policy(s) shall be for the use of the District, and are not intended for use when it is necessary to file a civil action, or criminal complaint, with a competent court of jurisdiction.

  1. Categories of violations are as follows:
    • CATEGORY 0 - minor violations, are those which are primarily procedural, having no noticeable air quality impact, do not effect a determination on compliance with emission limits and do not result in a financial gain or competitive advantage for the party committing the violation; and which are committed through a lack of awareness, neglect or oversight. A Memorandum of Verbal Warning (MOVW), or Notice To Comply (NTC) is used in such instances with emphasis being on prompt correction and avoidance of repeat violations. The NTC requires a timely written response to be filed with the District and certification of correction.
    • CATEGORY I - violations are those which are primarily procedural, having negligible or a minor air quality impact, and which are committed through neglect or oversight. A Notice of Violation (NOV) is used in such instances.
    • CATEGORY II - violations include those which may involve emissions which exceed maximum allowances (or limits), and therefore may have air quality impacts, and which are committed unintentionally through neglect or oversight. A Notice of Violation (NOV) is generally used in such instances.
    • CATEGORY III - violations include those having air quality impacts and which are committed intentionally or through inexcusable neglect. A Notice of Violation (NOV) is generally used in such instances, but a recalcitrant violator may be issued a direct citation to court.
    • CATEGORY IV - are blatant violations involving intentional wrongdoing, with substantial air quality impacts. A Notice of Violation (NOV) is generally used in such instances, or direct citation to court, or referral to the District Attorney, State Attorney General or other responsible prosecutorial bodies for further investigation and action.
  2. Adopted Board policy on "Minor Violations and the Notice to Comply" shall be used for Category 0. The District will seek to resolve the violation(s) using the adopted Board Policy on "Mutual Settlements" for Categories I through IV.
  3. This Section 950 shall not prevent, or be construed to prevent, cooperation or individual action to enforce a penalty for violations of any rule, regulation, standard, order, permit, state or federal rule or law, by the District, a City Attorney, District Attorney, Attorney General, Air Resources Board, or Federal EPA as determined to be necessary by that party(s).