Notices to Comply (NTC) and Notices of Violation (NOV)

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Notices to Comply (NTC)and Notices of Violation
(NOV)

• March 22, 2006
• Peter Moore
• Yorke Engineering, LLC
• 949-248-8490 x24
• PMoore_at_YorkeEngr.com

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Agenda

• Preparation
• When the Inspector Comes
• Dealing with Notices to Comply
• Dealing with Notices of Violation

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Preparation Self-Audits

• Conduct systematic self-audits to identify
  potential problems
• Go through each permit requirement
• Go through each rule requirement
• Document your findings
• Make corrections!

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Preparation Get Organized

• Have a copy of your current permit in a 3 ring
  binder
• Keep all current and previous permits organized
  in files
• Create a facility map showing equipment locations
• Keep organized files of submitted reports
• Organize your records
• Electronic and hardcopy

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Preparation Organize Records

• Rule 109 VOC logs
• RECLAIM reports
• Annual Emission Reports
• Natural gas bills
• Tune-up records for boilers
• Maintenance records
• Source test reports

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Preparation Organize Records

• CEMS records
• Calibration records
• Electronic transmissions
• Calculation of CEMS missing data What days, how
  you calculated
• Maintenance records
• Calibration gas certificates

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When the Inspector Comes

• Inspectors have a legal basis to inspect
  equipment and records
• Treat the inspector with respect and
  understanding for their job
• Provide documents quickly
• Make copies of any requested records

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Notice to Comply (NC or NTC)

• Fix it" ticket issued for minor administrative
  or paperwork violations that involve no, or
  minimal, emissions.
• Examples
• Incomplete records
• Permit not posted near the equipment
• Typically have two weeks to comply.
• If the recipient fixes the problem, no additional
  action.
• No fine associated with a Notice to Comply.
• However, if the problem is not fixed by the
  deadline, AQMD may issue a Notice of Violation

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Dealing with Notices to Comply

• Understand the problem
• Read the permit condition(s) cited
• Read the specific rule or regulatory requirement
• Follow deadlines provided
• Fix the problem and document compliance
• All correspondence should be in writing
• Get help if you need!

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Notice of Violation (NOV)

• This type of ticket is issued if the facility has
  failed to comply with an AQMD rule or permit, or
  a state air pollution regulation
• Often involves emissions of some kind
• Each day or part of a day that you are in
  violation is a separate violation
• Facility is required to correct the problem
• There is usually a fine or penalty

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What happens when you are issued an NOV?

• Forwarded to AQMD's District Prosecutor for
  handling
• Staff from prosecutors 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 (i.e. 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

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Minor Source Penalty Assessment Program

• Cases involving lesser offenses or companies with
  no prior violations are usually handled under
  AQMD's Minor Source Penalty Assessment Program
• Facility and AQMD agree on actions to comply with
  clean air rules
• Negotiate penalty
• 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

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Penalties

• According to the California Health and Safety
  Code, penalties in the most egregious cases can
  be assessed against individuals in an amount up
  to 250,000 per day per violation, and against
  corporations in an amount up to 1,000,000 per
  day per violation.  Criminal sanctions may also
  be involved.
• 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 violated, and whether anyone
  was injured.

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Dealing With Notices of Violation

• Understand the problem
• Read the permit condition(s) cited
• Read the specific rule or regulatory requirement
• Follow deadlines provided
• Document correspondence in writing
• You may have to shut down equipment to avoid
  further violations or increased fines
• Apply for a variance if you need to continue
  operating
• Get professional help (i.e. an attorney)

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Resources for Help

• Talk to your Account Executive (AE)
• For permitting assistance
• For equipment information
• For incentive programs
• Call The Gas Companys Air Quality AnswerLine
  with any combustion related air quality question!
• 800-GAS-2000 or
• 562-803-7428