From: Mark Piasente Date: October 23, 2023 at 9:01:35 AM PDT To: eeeeeeeeeee Subject: BLD19-eeee Good morning eeee, Per our conversation this morning, Air Pollution Control District has approved an exception to permit the installation of the Buckley Rumford fireplace unit at eeeeeeeeeee. Our field inspection team has been notified and the approval has been noted in your permit record. Thank you for your patience during the resolution of this issue. Please do not hesitate to reach out to me if I can be of any further assistance.
Respectfully,
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That seems to resolve the confusion in the third Notice of Violation (NOV) about the District reserving the right to "use evidence ... in subsequant and separate enforcement actions." It doesn't look as if the District will file a Notice of Violation against the customer. If we don't pay the penalty and the District seeks resolution though court action we still don't know if that allows for a motion to dismiss or a plea of not guilty or if is it just enforcement of the penalty.
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We also don't know if we can still sue the District for violation of due process, restaint of trade or to recover legal fees if we pay the penalty with the proffered understanding that "the alleged violator does not indicate acceptance of guilt." It looks likely, however, that will pay the penalty, not because we are guilty, but becaue going to court would probably cost at least $50,000.
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