As part of the AQMDs compliance program, inspectors visit facilities
to determine if they are meeting clean air rules and regulations. If a facility
is not in compliance, there are two types of tickets that the inspector may
issue. One is called a Notice of Violation (NOV), the other is a Notice
to Comply (NC). The following information explains each type of ticket, and
by clicking on the one you are interested in, you can gain access to our on-line
database of validated NOVs or NCs.
- Notice of Violation this type
of ticket is issued if the facility has failed to comply with an AQMD rule
or permit, or a state air pollution regulation. Often, these violations involve
emissions of some kind. The facility is required to correct the problem, and
there is usually a fine or penalty associated with this ticket.
- Notice to Comply this is a "fix it" ticket that is issued
for minor administrative or paperwork violations that
involve no, or minimal, emissions. Examples would include having incomplete
records, or not posting a copy of the permit near the equipment. The facility
is typically given two weeks to comply. If the recipient fixes the problem,
AQMD does not take additional action. There is no fine associated with a Notice
to Comply. However, if the problem is not fixed by the deadline, AQMD may
issue a Notice of Violation.
All you need to do is enter dates for the time period you wish to search (and
fill out any other applicable field) - then click Search. If your search produces
any notices, you can then click on their Notice Number link to get more detailed
information. There are also links on these pages if you want to learn more about
the NOV/NC process.
Notices of Violation and Notices to Comply are Public Records.
Beware of Possible Abuse.
Under California law, AQMD Notices of Violation and Notices to Comply are considered
public information. They are available to anyone who submits a public records
request, and they are listed on the AQMD's Internet web site. This information
is made available to the public because they have a legal right to know about
air pollution sources in their communities.
According to the California Attorney General's Office, however, there are several
law firms and organizations that send letters threatening businesses with abusive
lawsuits based on information obtained from regulatory agencies. Some of these
"bounty hunter" lawsuits may have no basis in fact or law, but are
filed in hopes that the business owner will be frightened into paying a nuisance
settlement.
If you receive a Notice of Violation or Notice to Comply, you should make every
effort to comply as quickly as possible, but it does not mean that you have
to be subjected to unethical conduct. If you receive any letters threatening
to sue your business because of air pollution information obtained from the
AQMD, we recommend you contact your private attorney, trade association, or
local chamber of commerce.
Concerns regarding possibly fraudulent lawsuits may also be reported to
the California Department of Justice - Public Inquiry Unit (800-952-5225), or
the State Bar of California (800-843-9053). The District will assist, whenever
possible, these agencies in their efforts to take action against these abuses.
Please feel free to contact the AQMD Public Advisor, Dr. Anupom Ganguli (909)
396-3185 if you have any questions or need additional information.
|