Notice of Violation - Criminal Prosecution

In those instances when a South Coast AQMD District Prosecutor determines that a Notice of Violation (NOV) justifies criminal prosecution, the case will be referred to the appropriate law enforcement agency, such as the county District Attorney. That agency will determine whether or not criminal prosecution is warranted.

Anyone undergoing a criminal prosecution can expect to be served with an arraignment letter, an arrest warrant or, in a case involving corporations, a summons.

Criminal prosecution of a violation takes into account serious factors such as the type of pollutant(s) emitted, the intent of the person(s) cited, endangerment of public health, and any past record of violating South Coast AQMD rules or regulations.

Penalties can be substantial under criminal prosecution and may include up to one year in jail for each day a given rule or regulation or regulation is violated (see California Health & Safety Code Criminal Penalties §§ 42400-42400.8).