Clean Air Notice of Violations
This page answers commonly asked questions about Notice of Violations and the Mutual Settlement Program in many jurisdictions. Compliance Assurance Associates, Inc. (CAA) can assist you in defending against alleged opacity violations, review observation documentation for technical weaknesses, and help challenge new technical methods. Contact Arthur.Eberle@Compliance-Assurance.com for assistance.
- What is a Notice of Violation?
A notice of violation (NOV) occurs when a rule, state law, or permit condition has been violated. Before a notice of violation is issued, the allegation should be reviewed with the local jurisdiction to examine the evidence. They review the proof of the violation, and you have an opportunity to respond. This is typically an informal meeting, but be prepared - you may be able to resolve the issue before a NOV is issued.
There can be substantial fines associated with NOVs; the average fine is approximately $35,000 per day per incident.
- What Should I Do if I Receive a Notice of Violation?
The first step is to take immediate action is to stop the violation and to bring your operation back into compliance. Then call Compliance Assurance.
Within ten (10) days, send a copy of the notice with a written description of the corrective action you have taken to prevent continued or recurrent violations.
- What if I Can't Correct the Problem?
If you must continue operations that will cause the violation to continue, you should immediately apply for a variance. If approved, a variance allows you to continue operating while you take steps to come into compliance. If the violation is for creating a public nuisance or failure to obtain a permit, you are not eligible for a variance.
- What Happens Next?
Notices of violation are handled in two ways:
1. By settlement.
2. By litigation.
- Mutual Settlement Program
In most cases, violations can be resolved through a mutual settlement. The Mutual Settlement Program allows for settling alleged violations without expensive and time-consuming litigation. When a violation is referred to the Mutual Settlement Program, you will receive a settlement offer that asks for the payment of a monetary penalty. CAA recommends an attorney review any legal settlement.
If the matter cannot be resolved, or you do not respond, it will be referred to the agency’s legal counsel.
- Penalties
• The extent of harm caused by the violation.
• The nature and persistence of the violation.
• The length of time over which the violation occurs.
• The frequency of past violations.
• Actions taken to mitigate the violation.
• The financial burden to the operator.
- Legal Action
The agency's legal counsel handles violations that the Mutual Settlement Program cannot resolve. Typically, these NOVs are handled through civil litigation.
- When Rules Change
Rule changes can affect your business. It is your responsibility to know the current rules. To be informed of changes, subscribe to available notifications: public notices of workshops, board hearings, proposed rules, etc.
Be sure you are familiar with the conditions of your air permit, especially if you receive a modified or re-evaluated permit.
If you have questions, email Arthur Eberle.