As part of the SCAQMD’s 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.
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Notice of Violation – this type of ticket is issued if the facility has failed to comply with an SCAQMD 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.
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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, SCAQMD 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, SCAQMD 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, SCAQMD 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 SCAQMD'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 SCAQMD, 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 SCAQMD Public Advisor, Mr. Derrick Alatorre 909-396-3122 if you have any questions or need additional information.