Minor Source Penalty Assessment Program

A Notice of Violation (NOV) involving non-major sources with lesser offenses or no prior violations are typically handled under South Coast AQMD's Minor Source Penalty Assessment Program. Under this program, the business receiving the NOV and South Coast AQMD agree on the actions that the business must take to comply with clean air requirements and the penalty for the violation. This settlement is reached without involving attorneys or the courts. At your request, or if an amicable settlement cannot be reached, the matter will be referred for review and further handling by a South Coast AQMD attorney in the prosecutors office.

If a case is considered appropriate for this program, an investigator from the South Coast AQMD's District Prosecutor will send an initial settlement letter to the business via US Mail and subsequently contact the business by telephone to discuss the case.  The initial settlement letter will include the name and phone number of the investigator assigned to the case.

Upon receiving the letter, the business should respond in writing by the date indicated to avoid further legal action. If the Minor Source Penalty Assessment Program fails to result in a settlement, the Notice of Violation will be handled under the procedures for Civil Prosecution.

When the investigator calls, be prepared to discuss the violation and describe anything about the violation that South Coast AQMD should be aware of in considering the case. For example, it may be helpful for the investigator to know the condition of the equipment, whether any resulting emissions were caused by an equipment breakdown, if the equipment was operating under a valid South Coast AQMD Permit to Operate or any other factors pertinent to the case.

Knowing the relevant facts will provide the investigator with a better understanding of the case and minimize the time necessary to settle the violation.  Typically, all settlements require a penalty payment and written proof of current compliance.