Compliance & Enforcement
primary function of the Compliance and Enforcement Division (C&E Division) is to protect the health of
our citizens by ensuring compliance with Federal, State, and local air quality regulations. One way this
is accomplished is by inspecting permitted sources to ensure they are complying with permit conditions and
emission limits. Another function of the C&E Division is to offer training to the public to prevent
violations through education.
two main enforcement tools utilized by the District are the Notice of Violation (NOV) and the
Notice to Apply for a Permit (NTA). These Notices are a formal record of the District's finding
that a violation of a Local, State, or Federal law affecting air quality has occurred. In most
cases, a violation can be settled by taking corrective action and paying a penalty. A NOV can
also involve monetary penalties, civil suits, or criminal prosecution in serious pollution cases.
Notice of Violation
notice is used to document all violations, unless the violation is considered minor. Violations are
normally documented during field inspections or complaint investigations.
Notice to Apply for a Permit
notice is used to notify a person or facility that certain equipment and/or operations require a
District permits(s) and that a permit application must be filed with the District within a specified
time frame (usually within ten days).
If you receive a Compliance Notice, what should you do?
take immediate corrective action to prevent the violation from recurring. Each additional day may
be considered an additional and separate violation.
advise the District in writing within 10 days of the action taken to correct the violation. Your response does not
necessarily prevent further legal action by the District, but the content, promptness, indication of corrective action(s)
taken, and cooperation of your response will be considered and evaluated during penalty assessment.
you are unable to correct the violation immediately and must continue to use the equipment or process that
resulted in a Notice of Violation, you may petition the NCUAQMD Hearing Board for a variance following the procedures of District Regulation VI -
Hearing Board Procedures
If granted a variance, you are then allowed to legally operate the equipment causing the violation
while you are working to correct the problem. A variance cannot be granted from the requirement to apply for
a permit. Contact the District for further information on petitioning the Hearing Board.
serious violations that could have been prevented or that show willful disregard for public health and air
pollution control laws will be referred directly for criminal prosecution. Criminal penalties for such
violations may be a high as $250,000 for each day of violation or one year in jail, or both.