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Notice of Violation
Learn about the Air District’s Notice of Violation and what to do if you receive one.
A Notice of Violation is a formal record of a violation of state law or Air District regulations. You may be subject to penalty fees and, in serious cases, civil or criminal prosecution. In most cases, a Notice of Violation can be settled by taking corrective action and paying a penalty fee.
If You Receive a Notice of Violation
Take immediate action to prevent the violation from continuing. Under state law, each additional day of noncompliance is considered an additional violation.
Correct the violation and fix any problems indicated, then notify the Compliance and Enforcement group within 10 business days. Have the following information ready when you call:
- Notice of Violation serial number
- Violation(s) cited
- Corrective actions and the dates they were made
- Preventative actions to avoid future violations
If you are unable to correct the violation or prevent it from occurring, you can seek a variance from the Air District’s Hearing Board. A variance will provide a temporary relief from specific regulation requirements.
Resolution
Your Notice of Violation may be resolved through the Air District’s Mutual Settlement Program or its Legal Department.
Mutual Settlement Program
This program allows you to settle your case out of court by reaching a penalty agreement with the Air District. If your violation is referred to this program, you will receive an offer to settle with clear terms. Some cases are eligible for non-fee settlements if specific actions are taken to improve air quality (beyond compliance). Penalties are determined by the type of violation, its duration, and history of violations at the facility or operation.
Legal Department
Violations not resolved through the Mutual Settlement Program will be handled by the Air District’s Legal Department. Some of these cases can be settled out of court. The Legal Department will determine whether the violation warrants administrative, criminal, or civil action.
Contact Us
Compliance & Enforcement
Compliance Assistance
415.749.4999 compliance@baaqmd.gov
Rule Development
415.749.4653 ruledevelopment@baaqmd.gov
Last Updated: 8/3/2023