In our Engineering and Enforcement unit we focus primarily on "stationary sources" which are large sources of air emissions such as utilities, chemical plants, refineries and manufacturing industries and "area sources" which are smaller businesses such as gas stations, dry cleaners, and automotive paint and repair facilities.
In general, the Engineering and Enforcement unit provides its services through the issuance of permits, the performance of inspections and where necessary, taking appropriate enforcement action.
Inspections
To assure and determine compliance by stationary and area sources with APCD’s regulations the Engineering unit employees make periodic inspections of the sources to which permits have been issued.
APCD has established an inspection frequency and process suitable for each source. In addition, the U. S. EPA has guidelines and grant requirements establishing the type and frequency of inspections for High Priority Violations.
Each inspection is documented in an inspection report that is maintained on file and is available for public inspection.
If the inspection reveals that the source may be in violation then a Notice of Violation likely will be issued beginning an enforcement process to return the source to compliance.
Enforcement
As a regulatory agency, APCD has a legal obligation and responsibility to ensure compliance with its laws so that air quality is improved which improves the public health and economic health of the community.
The enforcement function of APCD provides two primary services.
First, the enforcement group responds to, investigates and tries to resolve citizen concerns about air pollution. Most frequently, these concerns relate to episodes of bad odors, dust or other particles in the air, open burning or similar problems.
The majority of these community air pollution reports come into the agency by telephone, although some come in letters or by e-mail. APCD maintains the staff and capability to respond 24 hours a day, seven days a week.
When a report is received, the enforcement manager determines the basic nature and location of the concern and dispatches an appropriateinspector to the area.
These citizen response inspectors use a wide array of techniques and strategies to investigate these concerns. These include visual and olfactory (nasal) observations, interviewing people, taking pictures or videos and gathering samples for laboratory analysis.
When sufficient information is gathered, and if an air pollution problem is determined to have occurred or is continuing, the enforcement staff will develop an appropriate strategy to resolve the problem. Strategies may be as simple as informal consultation with the air pollution source up to issuing a Notice of Violation.
Each of APCD’s inspectors are duly sworn Peace Officers with statutory power to enter and inspect premises for suspected violations of the air qualitylaws.
If the citizen response inspectors determine that an air pollution problemis being caused by a facility holding a permit from APCD, the inspector will usually consult with the APCD Engineering staff person assigned to the facility to ensure that the agency brings to bear its full range of technical expertise on the problem.
The second major service provided by the enforcement function is the resolution of alleged violations. This includes obtaining and marshalling adequate evidence to establish the existence of an alleged violation, determining which laws may have been violated, determining the necessary and appropriate sanction for the alleged violation (typically a monetary penalty and remedial measures) and working closely with the County Attorney's office to satisfactorily resolve the alleged violation. The primary mechanisms for the resolution of alleged violations are through settlement, entry of a Board Order, pursuit of a formal legal action in a court of appropriate jurisdiction, civil or criminal, or an administrative hearing.
Additionally, the US EPA has established High Priority Violation (HPV) Guidelines (651 KB PDF) which State and local air pollution agencies generally must follow for the resolution of major violations from significant sources.