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For minor or administrative errors, a Notice to Comply (a type
of "fix-it-ticket") is usually issued. The Inspector will explain what needs to
be done to correct the problem and will prescribe a specific amount of time (usually a
week or two) for the business to come into compliance.
If the problem goes unresolved, or there is a
violation of a rule, emission limit or standard, or permit condition that involves more
serious administrative errors (like failing to keep records of perc usage that would help
determine emissions), a Notice of Violation may be
issued. This is a more serious matter that is referred to the AQMD legal department for
either a civil or criminal court action or resolution through a mutual settlement program.
What if you can't immediately comply
with air pollution control laws? Operating outside the law can result in a fine, or even
the shutdown of an operation. The only legal way to operate while working toward a
solution without being subject to penalties is to get a variance. Variances can be granted only by the AQMD Hearing Board, a quasi-judicial panel authorized to provide relief from AQMD
regulations under certain circumstances. After hearing all sides of a case in which
individuals or companies come into conflict with AQMD rules and regulations, the Hearing
Board weighs the evidence and reaches a decision. It is important to note, however, that
the Hearing Board is not authorized to:
- Modify rules;
- Exempt a business from complying with a rule;
- Grant a variance from a violation of the public nuisance law, such as
one that creates an odor problem or threatens public health or property; or
- Review a violation notice in any way.
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