I found this info at the attached website. I realize that it's for the SCAQMD but you're still in California so how much different could it be? Doesn't sound like fun if you get caught! Pay attention to the size of the fine. WOW!!!
http://www.d-angelopbe.com/scaqmd_nov.htm
NOTICES OF VIOLATION
What is a Notice of Violation?
What happens if I receive a Notice of Violation?
Mutual Settlement Agreement Program
Civil Prosecution
Criminal Prosecution
AQMD Enforcement Authority
Injunctions
For More Information
What is a Notice of Violation?
A Notice of Violation is a written "ticket" informing a business that it has failed to comply with an AQMD rule or permit, or a state air pollution regulation.
If you receive a Notice of Violation, it means you are operating in violation of the law. Under the law, each day or part of a day that you are in violation is a separate violation, so it is in your best interest to act immediately to solve your compliance problem.
According to the California Health and Safety Code, penalties in the worst cases can be up to $50,000 per day per violation and may include criminal sanctions. Actual penalties tend to be far less, depending on the circumstances, such as how bad the violation was, whether the business owner knew the law was being broken, and whether anyone was hurt.
If you need to continue operating equipment that is in violation, you must obtain a variance. The variance is an administrative order that allows a company to continue operating without penalties while it takes appropriate steps to meet air pollution control requirements. Only the AQMD Hearing Board can grant a variance.
What happens if I receive a Notice of Violation?
Once a Notice of Violation is issued to a business, it is forwarded to AQMD's District Prosecutor for handling. Staff from that office will review your case. Several factors determine whether a violation is handled as a civil case by AQMD or referred for review as a potential criminal case to a law enforcement agency such as the county District Attorney. Among these factors are the:
· Extent of harm caused by the violation
· Type and length of the violation
· Intent that led to the violation and
· Frequency of past violations.
Mutual Settlement Agreement Program
Cases involving lesser offenses or companies with no prior violations are usually handled under AQMD's Mutual Settlement Agreement Program. Under this program, you and AQMD agree on the actions you must take to comply with clean air rules and the penalty for your violation. This settlement is reached without involving attorneys or the courts.
If your case is considered appropriate for this program, you will receive a letter or phone call from an investigator in AQMD's District Prosecutor offering to settle your violation. Settlement terms usually call for a penalty payment and written proof of current compliance.
If you want to discuss your case, the investigator's name and telephone number is included in the initial settlement letter.
Be prepared to describe anything about the violation that you believe AQMD should know in considering your case. For example, you may want to tell the investigator about the condition of your equipment, whether the emissions were caused by an equipment breakdown, and whether you have current AQMD permits. Knowing the relevant facts will help the investigator resolve your case fairly.
When you receive your letter, be sure to respond in writing by the date indicated to avoid further legal action. If the Mutual Settlement Agreement Program fails to result in a settlement, your Notice of Violation will be handled under the procedures for Civil Prosecution.
CIVIL PROSECUTION
If your violation notice is handled under this option, your case will be reviewed by an attorney from the District Prosecutor's Office. You will receive a "pre-suit" letter from the attorney, asking for information about your case.
Either you or your attorney should contact the AQMD attorney named in the letter to discuss your case. You must reply by the date indicated in the letter.
Explain to AQMD's prosecuting attorney anything related to the violation that you believe AQMD should know in considering your case and in negotiating settlement terms.
If you fail to respond by the date indicated in the initial letter, the AQMD prosecutor will file a lawsuit-- a civil complaint-- taking you to court. You will be served a copy of the complaint and a summons requiring you to file a written response with the court within 30 calendar days.
After the complaint is filed, the "discovery process" begins. During this process, both sides work to specify the main issues in the case. Written questions may be posed to you or your attorney. Individuals can be questioned under oath. The court requires that both sides appear at hearings to discuss a possible settlement.
If an agreement cannot be reached during these hearings, a trial date is set. If as a result of the trial a judge finds that you did violate AQMD rules, the court imposes a fine. The maximum civil penalty is $50,000 per day per violation.
CRIMINAL PROSECUTION
If AQMD's District Prosecutor determines that criminal prosecution may be necessary, the case will be referred to the appropriate law enforcement agency, such as the county District Attorney. That agency will determine whether or not criminal prosecution is warranted.
Anyone undergoing a criminal prosecution can expect to be served with an arraignment letter, an arrest warrant or, in a case involving corporations, a summons.
Criminal prosecution of a violation takes into account serious factors such as the type of pollutant(s) emitted, the intent of the person(s) cited, endangerment of public health, and any past record of violating AQMD rules or regulations.
Penalties can be substantial under criminal prosecution: The maximum sentence is a $50,000 fine and/or one year in jail for each day in violation of a given rule or regulation.
AQMD ENFORCEMENT AUTHORITY
AQMD's enforcement authority for civil penalties can be found in the California Health and Safety Code Civil Penalties Sections 42402, 42402.1, 42402.2, 42402.3, and California Health and Safety Code Criminal Penalties Sections 42400, 42400.1, 42400.2, and 42400.3.
INJUNCTIONS
AQMD has the authority to seek an injunction. A mandatory injunction is a court order compelling a person and/or company to do a certain thing. A prohibitory injunction is a court order compelling a person and/or company to refrain from doing a certain thing. Injunctions, which can include shutting down a business, are sought only in extraordinary cases to stop continuing violations or to prevent serious violations from occurring.
FOR MORE INFORMATION, CONTACT
District Prosecutor's Office
South Coast Air Quality
Management District
21865 E. Copley Drive
Diamond Bar CA 91765
(909) 396-3400