The General Counsel’s Office encourages companies to audit their own facilities and correct any South Coast AQMD rule violations in a timely manner.  Depending on the circumstances of the case, a penalty sought for a violation discovered through self-auditing and promptly reported to the South Coast AQMD should be significantly reduced or when appropriate, waived in order to encourage all facilities to implement an effective self-reporting program.

The General Counsel’s Office’s self reporting penalty guidelines are founded on the basic principle that violations which are self-reported and corrected warrant penalties that are consistently and predictably lower than penalties for violations which are discovered by the South Coast AQMD.

This penalty guideline is structured to provide an incentive for facilities to self-audit so that violations will be promptly found and corrected, thereby minimizing any harm to the environment.

Eligibility

To determine whether a company is eligible for a reduced or waived penalty, the following criteria must be met:

1. The violation was discovered by the facility without any participation by the South Coast AQMD or other regulatory agency.
2. The violation was reported voluntarily by the facility, i.e. without any requirement to do so by law, regulation, permit or agreement.
3. The violation was reported promptly by the facility to appropriate South Coast AQMD staff, as soon as possible after discovery.
4. The violation was corrected promptly and effectively by the facility to reduce or eliminate all emissions and to prevent re-occurrence of the violation.

In all cases, the company or facility seeking the penalty waiver or reduction must provide sufficient documentation to the General Counsel’s Office to prove eligibility for the application of the guidelines and must bear the burden of persuasion that waiver or reduction is appropriate.

There are circumstances under which a violation, even if discovered pursuant to self-auditing and voluntarily reported, would not be eligible for a reduced or waived penalty. To determine whether a company is ineligible for a reduced penalty, the following criteria must be considered:

1. The violation was the result of knowing, willful or intentional conduct or was the result of gross negligence.
2. The violation resulted in the emissions of any toxic air contaminant.
3. The violation created a public nuisance.
4. The company or facility has a prior history of the same violation.

Crafting the Penalty

Penalty Waiver
Under certain limited circumstances, it may be appropriate to waive a penalty. Penalty waivers are to be used sparingly. Often, a Supplemental Environmental Project (SEP) penalty may be a more appropriate alternative to a penalty waiver. Please note that under no circumstances may a penalty be waived without the prior approval of the General Counsel's Office.

Penalty Reduction
In those cases where any of the conditions for penalty waiver have not been met, or where other circumstances indicate that a waiver is not warranted, the General Counsel’s Office will consider all legal and factual circumstances to determine the extent to which a penalty associated with a violation discovered through self-auditing and voluntarily reported to the South Coast AQMD should be reduced.

As is always the case when seeking a penalty, the General Counsel’s Office must consider all factors set forth in the California Health and Safety Code.

In all cases, the General Counsel’s Office may seek to recover any economic benefit afforded to the company or facility as a result of the violation.