Violations of air quality regulations are subject to civil and/or criminal penalties as specified in the California Health & Safety Code, sections 42400 through 42402.  Maximum penalties established by the California Health and Safety Code can range from $1,000 per day for minor violations up to $75,000 per day for willful conduct, however the District may offer to settle these violations for a portion of the maximum penalty.

After your operation is brought back into compliance, the District will work with you to settle the violation, usually through our Mutual Settlement Program.  The goal of the Mutual Settlement Program is to settle the violations in a manner that is acceptable to both the District and the source, without the time and expense of litigation.

As a part of this "mutual" settlement process, the District will determine a monetary amount that we feel is "appropriate" to settle violations for, after consider the following "aggravating" and "mitigating" factors:

Aggravating:

• Extent of harm caused by violation;
• Length of time the violation occurred;
• Past violations;
• Nature and persistence of violation;
• Economic benefit of non-compliance.

Mitigating:

• Degree and record of maintenance;
• Factors associated with control equipment;
• Action taken to mitigate violation;
• Good faith effort to comply;
• Financial burden to violator.

If your Notice of Violation is referred to this program, you will receive a letter from the District offering to settle your violation rather than go to court. The District sets the settlement terms, usually involving payment of a penalty, proof of correction, and current compliance with the violated rule.

You should respond to the offer within the time indicated and schedule a settlement conference. A settlement conference may be held over the phone or at our office. If you do not respond, or if the matter cannot be resolved, it may be referred to District Counsel or to the County District Attorney.

If you have specific questions, contact the District at (530) 757-3650.