CHAPTER V - ENFORCEMENT
RULE
1-510 - ORDERS FOR ABATEMENT
RULE
1-540 - EQUIPMENT BREAKDOWN
CHAPTER V - ENFORCEMENT
No person shall violate any condition of an
Authority to Construct, any condition of a Permit to Operate,
any provision of these rules and regulations; or any order, rule, or regulation
of the California Air Resources Board; or any provisions of the California
Health and Safety Code. Any person
violating this rule is guilty of a misdemeanor and shall be subject to a fine
not exceeding one thousand dollars ($1,000), or imprisonment in the county jail
for a period not exceeding six months, or both.
Every day during any portion of which the violation occurs constitutes a
separate offense. (Health and Safety Code, Section 42400)
RULE 1-510 - ORDERS FOR ABATEMENT
(a) The Mendocino County Air Quality Management
District Board or the Mendocino County Air Quality Management District Hearing
Board may, after public notice and a public hearing, issue an Order for
Abatement whenever it finds that any person is in violation of Section 41700 or
41701 of the California Health and Safety Code, or of any order, rule or
regulation prohibiting or limiting the discharge of air contaminants into the
air. In holding such a hearing, the Air
Quality Management District Board shall be vested with all the powers and
duties of the Hearing Board. (Health and Safety Code, Sections 42450 &
42451)
(b) The Order for Abatement shall be framed in
the manner of a writ of injunction requiring the respondent to refrain from a
particular act. The order may be
conditional and require a respondent to refrain from a particular act unless
certain conditions are met. The order
shall not have the effect of permitting a variance unless all the conditions
for a variance, including limitation of time, are met. (Health and Safety Code,
Section 42452)
(a) Except as otherwise provided in Rule
1-520(b), (c), (d), (e), (f), (g), (h), (i), (j) and
(k), any person who violates any order, permit, rule or regulation of the
District or of the District's Hearing Board, including any Airborne Toxic
Control Measure adopted as part of Regulation 3 of the Air Quality Management
District, shall be strictly liable for a civil penalty not to exceed one
thousand dollars ($1,000) for each day in which such violation occurs. (Health
and Safety Code, Sections 39674, 42402)
[Adopted
(b) Except as otherwise provided in Rule
1-520(a), (c), (d), (e), (f), (g), (h), (i), (j) and
(k), any person who violates any order, permit, rule or regulation of the
District or of the District's Hearing Board, including any Airborne Toxic Control
Measure adopted as part of Regulation 3 of the Air Quality Management District,
shall be liable for a civil penalty not to exceed ten thousand dollars
($10,000) for each day in which such violation occurs. (Health and Safety Code,
Sections 39674, 42402)
[Adopted
(c) Any person who negligently emits an air
contaminant in violation of any rule, regulation or order of the state board or
of the District pertaining to emission regulations or limitations, including
any Airborne Toxic Control Measure adopted as part of Regulation 3 of the Air
Quality Management District, shall be liable for a civil penalty of not more
than fifteen thousand dollars ($15,000) for each day in which such violation
occurs, (Health and Safety Code, Sections 39674, 42402.1).
[Adopted
(d) Any person who owns or operates any source of
air contaminants in violation of Health and Safety Code, Section 41700 which
causes actual injury to the health or safety of a considerable number of
persons of the public is liable for a civil penalty of fifteen thousand dollars
($15,000). Each day in which a violation
occurs is a separate offense, (Health and Safety Code, Section 42402.1).
[Adopted
(e) Any person who emits an air contaminant in
violation of any order, rule, or regulation of the state board or of the
District pertaining to emissions regulations or limitations, including any
Airborne Toxic Control Measure adopted as part of Regulation 3 of the Air
Quality Management District, and who knew of the emissions and failed to take
corrective action within a reasonable period of time, shall be liable for a
civil penalty not to exceed twenty-five thousand dollars ($25,000) for each day
in which such violation occurs, (Health and Safety Code, Sections 39675,
42402.2).
[Adopted
(f) Any person who owns or operates any source
of air contaminants in violation of Health and Safety Code, Section 41700 which
causes actual injury to the health or safety of a considerable number of
persons of the public, and who knew of the emissions and failed to take
corrective action, is liable for a civil penalty of twenty-five thousand dollars
($25,000). Each day in which a violation
occurs is a separate offense, (Health and Safety Code, Section 42402.2).
[Adopted
(g) Any person who intentionally or negligently
violates any Order for Abatement issued by the Air Quality Management District
Board or Air Quality Management District Hearing Board pursuant to Health and
Safety Code, Sections 42450 - 42454 or Rule 1-510(a), or by the state board
shall be liable for a civil penalty not to exceed twenty-five thousand dollars
($25,000) for each day in which such violation occurs, (Health and Safety Code,
Section 42401).
[Adopted
(h) Any person who willfully and intentionally
emits an air contaminant in violation of any order, rule, or regulation of the
District or of the state board, pertaining to emission limitations is liable
for a civil penalty of not more than fifty thousand dollars ($50,000), (Health
and Safety Code, Section 42402.3).
[Adopted
(i) Any person who, knowingly and with intent to
deceive, falsifies any document required to be kept pursuant to the provisions
of Division 26 of the Health and Safety Code, or any rule, regulation, or order
of the District, shall be liable for a civil penalty not to exceed twenty-five
thousand dollars ($25,000) for each day in which such violation occurs or the
information remains uncorrected, (Health and Safety Code, Section 42402.2).
[Adopted
(j) Any person who fails to submit any
information, reports, or statements required by the Air Toxics "Hot
Spots" Information and Assessment Act of 1987 ("the Act" --
Health and Safety Code, Sections 44300 - 44384), or who otherwise fails to
comply with any requirement of the Act or with any permit, rule, regulation or
other requirement issued or adopted pursuant to the Act, is subject to a civil
penalty of not less than five hundred dollars ($500.00) or more than ten
thousand dollars ($10,000.00) for each day that the information, report, or
statement is not submitted, or that the violation continues, (Health and Safety
Code, Section 44381(a)).
[Adopted
(k) Any person who knowingly submits any false
statement or representation in any application, report, statement, or other
document filed, maintained or used for the purposes of compliance with the Air
Toxics "Hot Spots" Information and Assessment Act of 1987 is subject
to a civil penalty of not less than one thousand dollars ($1,000.00) or more
than twenty-five thousand dollars ($25,000.00) for each day that the
information remains uncorrected, (Health and Safety Code Section 44381(b)).
[Adopted
(l) The civil penalties prescribed in Rule 1-520
(a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and
(k) shall be assessed and recovered as provided in Health and Safety Code,
Section 42403. Alternatively, the Air
Pollution Control Officer is authorized to enter into a voluntary settlement in
accordance with the District's Violation Settlement Guidelines, (Health and
Safety Code, Section 42403).
[Adopted
(a) Purpose
The purpose of this
rule is to implement the provisions of Chapter 3 of Part 1 of Division 26 of
the California Health and Safety Code (commencing with Section 39150), which
define a minor violation and establish criteria for issuing a Notice to Comply.
(b) Applicability
This rule applies to
any person, owner, operator, or representative of a facility subject to state
requirements, district rules or regulations, administrative or procedural plan/policy
or permit conditions, or requests for information or records by a district.
(c)
Definitions
(1)
Chronic Violation
means a violation that reflects a pattern of neglect or disregard
that results in the same or similar violation at the same source or facility or
same piece of equipment.
(2)
Information means
data, records, photographs, maintenance records, analyses, plans, or
specifications which will disclose the nature, extent, quantity, or degree air
contaminants which are, or may be, discharged by a source of air contaminants
for which a permit was issued or applied or which is subject to state or
federal requirements, district rules or regulations, administrative or
procedural plan or permit conditions, or requests for information or records by
a district.
(3)
Minor
Violation means the failure of any person to comply with
an administrative or procedural requirement of applicable state air pollution
law or regulation, district rules or regulations, administrative or procedural
plan or permit conditions, or requests for information or records by the
District which meets the following criteria:
(A) It does not result in an increase of
emissions of air contaminants that exceeds regulatory or permit conditions;
(B) It does not endanger the health, safety, or
welfare of any person or persons;
(C) It does not endanger the environment;
(D) It does not cause or contribute to the
violation of any State or National Ambient Air Quality Standard;
(E) It does not preclude or hinder the
District's ability to determine compliance with other applicable state or
federal requirement; District rules and regulations, administrative or
procedural plan or permit conditions, or requests for information or records.
(4) Notice
to Comply means a written method of alleging a minor violation that meets
the requirements of Health and Safety Code, Section 39151.
(5) Procedural
Requirement means a provision of a rule or regulation that establishes a
manner, method, or course of action, but does not specify, limit, or otherwise address
direct air contaminant emissions.
(6)
Recalcitrant
Violator means a person or facility where there is
evidence indicating that the person or facility has engaged in a pattern of
neglect or disregard with respect to the requirements of District rules and
regulations, permit conditions or other applicable provisions of state or
federal law or regulations.
(d) Requirements
(1) Except as otherwise provided in paragraph
(d), a Notice to Comply shall be the only means by which the Air Pollution
Control Officer shall cite a minor violation.
The Air Pollution Control Officer shall not take any other enforcement
action specified in this division to enforce the minor violation against a
person or facility that has received a Notice to Comply
if the person or facility is in compliance with this section.
(2) Any person or facility that receives a
Notice to Comply pursuant to the subparagraph shall have the period specified
in the Notice to Comply in which to achieve compliance
with the requirement cited on the Notice to Comply. Within five (5) working days of achieving
compliance, the person or facility representative who received the Notice to
Comply shall sign and return it to the Air Pollution Control Officer, stating that
the person or facility has complied with the Notice to Comply. The return shall also include a written
statement describing when and how compliance was achieved. Failure to respond or a false statement
describing when and how compliance was achieved is a violation subject to
further legal action pursuant to the Health and Safety Code, Section 42400 et
seq.
(3) A single Notice to Comply shall be issued
for all minor violations cited during the same inspection and the Notice to
Comply shall separately list each cited minor violation and the manner in which
each minor violation may be brought into compliance.
(4) A Notice to Comply shall not be issued for
any minor violation that is corrected immediately in the presence of the
inspector. Immediate compliance in that
manner may be noted in the inspection report or other District documents, but
the person or facility shall not be subject to any further action by the
District’s representative or an authorized or designated officer. Corrected minor violations may be used to
show a pattern of disregard or neglect by a recalcitrant violator.
(e) Testing
(1) If testing is required by the state board
or the District, or an authorized or designated officer, to determine
compliance, and the testing cannot be conducted during the course of the inspection,
the Air Pollution Control Officer shall provide for a reasonable period of time
to conduct the required testing.
(2) If, after the test results are available,
the Air Pollution Control Officer determines that the issuance of a Notice to
Comply is warranted, the Air Pollution Control Officer shall immediately notify
the person or facility owner or operator in writing. If off-site testing is required pursuant to
subdivision (d)(5)(A), a copy of the Notice to Comply
may be notified to the person or owner or operator of the facility.
(3) notwithstanding
any other provision of this rule, if a person or facility fails to comply with
a Notice to Comply within the prescribed period, or if the Air Pollution
Control Officer determines that the circumstances surrounding a particular
minor violation are such that immediate enforcement is warranted to prevent
harm to the public health or safety or to the environment, the Air Pollution
Control Officer may take any needed enforcement action authorized by law.
(4) Nothing in this rule shall be construed as
prohibiting the re-inspection of a site or facility to ensure compliance or to
ensure that minor violations cited in a Notice to Comply have been corrected.
(5) Nothing in this rule shall be construed as
prohibiting the Air Pollution Control Officer, on a case-by-case basis, from
requiring a person or facility subject to a Notice to Comply to submit
reasonable and necessary information to support a claim of compliance by the
person or facility.
(6) The issuance of a Notice to Comply for a violation of state law will not interfere with
an agency's ability to enforce all federal requirements or laws.
(7) Notwithstanding any other provisions of
paragraph (d), if the Air Pollution Control Officer determines that the circumstances
surrounding a particular minor violation are such that the assessment of a
penalty pursuant to this rule is warranted or required by federal law, in
addition to issuance of a Notice to Comply, the District shall assess a penalty
in accordance with Division 26 of the Health and Safety Code, Section 42400, et
seq., if the Air Pollution Control Officer makes written findings that set
forth the basis for the determination of the District.
(f)
Exclusions
Notwithstanding
paragraph (c)(3), above, no violation of any applicable state or federal
requirement, District rule or regulation, administrative or procedural plan or
permit condition or request for information or records shall be considered a
minor violation if any of the following conditions apply:
(1) The violation involves failure to comply
with the emission standards in the applicable rule or regulation, including
requirements for control equipment, emissions rates, concentration limits,
product material limitations, and other provisions directly associated with
emissions; or
(2) The violation is knowing, willful, or
intentional: or
(3) The violation enables
the violator to benefit economically from noncompliance, either by realizing
reduced cost or by gaining a competitive advantage; or
(4) The violation is chronic; or
(5) The violation is committed by a
recalcitrant violator; or
(6) The violation results in a nuisance;
or
(7) The violation is a violation of an order of
abatement issued by the Hearing Board of the District.
(g) Appeals
Any person who is
issued a Notice to Comply may appeal the issuance by filing a written appeal
with the Air Pollution Control Officer within 10 working days of receipt of the
Notice. The appeal shall state the grounds
and basis for the appeal and include any evidence as to why the Notice to
Comply should not have been issued. The
Air Pollution Control Officer shall grant or deny the appeal within 30 days of
receiving the appeal. The Air Pollution
Control Officer's decision shall be final.
(h) Penalty for
Failure to Comply
Any person or facility
who fails to comply by the date specified on the Notice to Comply shall be
subject to further enforcement action as provided in Health and Safety Code,
Section 42400, et seq., or any other applicable law.
(i) Expiration
This rule shall remain
in effect only until January 1, 2001, and as of that date is repealed unless a
later enacted rule, which is enacted on or before January 1, 2001, deletes or
extends that date, or unless Health and Safety Code, Sections 39150 - 39153 are
extended beyond that date by an act of the Legislature which is signed into law
by the Governor.
[Adopted
RULE 1-540 - EQUIPMENT BREAKDOWN
(a) Breakdown
Conditions
For the purposes of
this rule, a breakdown condition means an unforeseeable failure or malfunction
of any air pollution control equipment or related operating equipment which
causes a violation of any emissions limitation or restriction prescribed by
these rules and regulations, or by State law, or similar failure of any
required in-stack continuous monitoring equipment where such failure or
malfunction:
(1) is not the result of neglect or disregard
of any air pollution control law or rule or regulation;
(2) is not intentional
or the result of negligence;
(3) is not the result
of improper maintenance;
(4) does not
constitute a nuisance;
(5) is not an
abnormally recurrent breakdown of the same equipment.
(b) Breakdown Procedures
(1) Any breakdown condition meeting the
qualifications of Rule 1-540(a) shall constitute a violation of any applicable
emission limitation or restriction prescribed by these rules and regulations;
however, the Air Pollution Control Officer may elect to take no enforcement
action if the owner or operator demonstrates to his satisfaction that a
breakdown condition exists and the following requirements are met:
(A) The breakdown is reported to the District
office as soon as reasonably possible, but no later than one (1) hour after its
detection during normal office hours (8:30 a.m. to 5:00 p.m.), or one (1) hour
after the start of the next regular business day, whichever is sooner.
(B) The owner or operator takes immediate steps
to minimize the impact of the breakdown and come into compliance.
(C) The
breakdown does not interfere with the attainment or maintenance of any national
ambient air quality standard.
(2) The breakdown shall be logged, investigated
and handled to its final disposition in accordance with uniform District
procedures.
(3) Upon receipt of notification of a breakdown
condition, the Air Pollution Control Officer shall promptly investigate and
determine whether the occurrence constitutes a breakdown condition. If it is not a breakdown condition, he may
take appropriate enforcement action including, but not limited to, seeking
fines, an abatement order, or an injunction against further operation.
(c) Reporting Requirements
Within ten (10) days
after a breakdown occurrence has been corrected, the owner or operator shall
submit a written report to the Air Pollution Control Officer including, but not
limited to, the following details:
(1) Duration of excessive emissions.
(2) Estimate of quantity of emissions.
(3) Statement of the cause of the occurrence.
(4)
Corrective measures to be taken to prevent
recurrences.
(5)
Documentation of the breakdown condition
may be required by the Air Pollution Control Officer.
(d) Burden of
Proof
The burden shall be on
the owner or operator of the source to provide sufficient information to
demonstrate that a breakdown did occur.
If the owner or operator fails to provide sufficient information, the
Air Pollution Control Officer shall undertake appropriate enforcement action.
(e) Failure to
Comply with Reporting Requirements
Any failure to comply,
or comply in a timely manner, with the reporting requirements established in
Rule 1-540 (b)(1)(A) and (c)(1) through (c)(4) shall
constitute a separate violation of this rule.
(f) False
Claiming of Breakdown Occurrence
It shall constitute a
separate violation of this rule for any person to file with the Air Pollution
Control Officer a report that falsely, or without probable cause, claims that
an occurrence is a breakdown occurrence.
(g) Extended
Breakdown Provisions
For any occurrence which
causes a breakdown condition meeting the requirements of Rule 1-540(a) and
which may persist for longer than twenty-four (24) hours (ninety-six hours for
monitoring equipment), the owner or operator may, in lieu of shutdown, obtain
an emergency variance as provided in Rule 1-615.