Title
Hearing to consider adoption of Proposed Amendments to Rule 517 - Notice to Comply; and recommending the Board make findings of Authority, Necessity, Clarity, Consistency, Nonduplication and Reference, as required by Health and Safety Code (HSC), Sections 40703 and 40727.
FUNDING: Not Applicable.
Body
BUDGET SUMMARY:
Total Estimated Cost $
Funding
Budgeted $
New Funding $
Savings $
Other $
Total Funding Available $
Change To Net County Cost $
Fiscal Impact/Change to Net County Cost:
No impact to net county cost.
Background:
Rule 517 - Notice to Comply, was adopted by the AQMD Board on February 15, 2000.
The rule implemented HSC Sections 39150 - 39153, which were codified in 1996 via
Assembly Bill 2937. The law required the California Air Resources Board (CARB) and
air quality management districts to adopt rules establishing conditions under which a
Notice to Comply (NTC) would be issued for "minor violation", rather than a Notice of
Violation (NOV). A NTC may be issued for a number of minor infractions, including
administrative and procedural violations. It is essentially a "fix-it" ticket which provides
the violator (facility, operator or owner) an opportunity to correct the violation without
the assessment of a fine or penalty. The AQMD issues NOVs for violations of a more
serious nature. An NOV could also be issued when the violator fails to comply with an
NTC. NOVs are referred to the AQMD's Mutual Settlement Program and may result in
monetary penalties.
The original HSC Sections 39150 - 39153 included a specific sunset date of January 1,
2001. In 2000, the sunset date was amended to January 1, 2006. As a result,
Sections 39150 - 39153 were deleted from HSC. Because the deleted HSC sections
are referenced in the rule, staff proposes (1) to remove references of those deleted
sections and (2) to modify "Minor Violation" definition to allow for issuance of an NTC
for infract...
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