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My business received a "Notice of Penalty". What does it mean and what do I do now?
If you have received a Notice of Penalty (NOP), it means that thirty days have passed since you received the Notice of Violation (NOV). The NOP is the official notice of a fine being levied against you. The NOP is appealable and several options are presented in the NOP documentation. Again, you should read the documentation very carefully.
- Option 1: Pay the fine in full. If you take option 1, your full payment is due within 30 days.
- Option 2: Consent Order (CO). (Note: A consent order may or may not be available.) The CO represents a reduced penalty that may be paid in lieu of full payment if you do not commit a similar violation within the next year. By taking the CO, you forfeit the other avenues of mitigation and appeal. Once the paperwork has been filed and signed and the reduced penalty paid (within 30 days), the BCAA considered the case closed. However, if the conditions of the CO are not adhered to, for example a similar future violation within a year, the original penalty is reinstated and an additional NOV and NOP may be issued.
- Option 3: Application for Relief of Penalty (ARP). If you feel that the penalty is unjustified and wish to contest the penalty this is the option to take. It is an opportunity to tell your recollection of the events that lead to the NOV. Note, however, that if a reduction of penalty is granted, it will not be less than that offered on the CO. The ARP must be filed within 15 days.
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Option 4: Appeal to the Washington State Pollution Control Hearings Board (PCHB).
This is your opportunity to have a day in court. The PCHB is a state level hearing board that will hear the your case. The PCHB has the power to overturn the penalty issued by the BCAA. However, if you choose this option, the PCHB will be considering the full amount of the penalty, not the amount listed in the CO. In most cases, the PCHB does not lower the penalty below that offered on the CO.
If you have any questions about your NOP or about your legal options, please contact one of the Inspectors, or . Also note that there are several timed deadlines that you should follow. Failure to meet specific deadlines nullifies certain avenues of appeal.
