Notice of Violation Program

Operating Directive 20-001

Notice of Violation Program

Introduction

This Operating Directive is designed to ensure compliance with the San Bernardino International Airport Authority (SBIAA) Rules and Regulations and federal obligations at the San Bernardino International Airport (Airport) as set forth herein. This Operating Directive includes: 1. SBIAA Rules and Regulations; 2. SBIAA Operating Directives; 3. Airport Security Plans; 4. Leases, Contracts, Agreements and/or Permits

Purpose

Compliance with this Operating Directive is mandatory for all Airport users, tenants, their employees, agents, representatives, contractors, and/or sublessees. In addition, to facilitate compliance, this Operating Directive provides a progressive enforcement mechanism and violation fee structure to ensure a safe and efficient airport operating environment. A written “Notice of Violation” (NOV) will be issued for instances of non-compliance as set forth herein.

Enforcement Proedures

Consistent with SBIAA Rules and Regulations, and federal obligations. A NOV will be issued on behalf of the Chief Executive Officer by Airport Operations and/or Airport Security personnel that includes progressive penalties, fines and/or revocations.

I. General

Compliance actions, including the amount of any associated fee assessment will be based on one or more of the following factors:

- Severity of the violation.
- The duration, quantity and quality of pollutants, and/or the effect on public safety and/or the environment (i.e. did the violation cause extensive damage, cause an operational impact, result in a mandatory reporting requirement or administrative fine from a responding agency, etc.).
- If the violation did, or could have resulted in personal injury, loss of human life, and/or damage to Airport property or facilities.
- The violator’s knowledge, either negligent or intentional, of the regulation violated.
- Any history of violations, including individuals and/or tenants, previous enforcement actions involving the site, Airport tenant, business or individual.
- The effectiveness of the enforcement action as a deterrent to similar violations.

II. Compliance Actions

In accordance with SBIAA Rules and Regulations, Airport Security and Airport Operations will take compliance actions on behalf of the Chief Executive Officer by issuing NOVs on SBIAA owned property.

III. Types of Enforcement

Any Airport user, tenant, their employees, agents, representatives, contractors, and/or sublessees in violation will receive a written NOV for non-compliance with SBIAA Rules and Regulations or federal obligations. Appeals from the receipt of a NOV may be filed in writing to the Airport Manager or designee. The Airport Manager will then review the information submitted and make a decision as to whether a violation occurred and whether any sanctions imposed as a result of this violation are appropriate. Should the recipient of the NOV request an appeal of the Airport Manager’s decision, the Chief Executive Officer would then make a last and final determination. Barring any appeals and decisions made within the appeals process, all NOV’s are final decisions. The NOV will contain at a minimum: date/time of violation, name of violator, applicable Section and/or item number being violated, and the signature (if attainable) of the issuing party. NOV copies will be distributed to the violator, the employer (when applicable), and one copy kept at the Airport Badging Office.

- Self-Reporting: Self reporting and demonstrated good faith efforts to comply with SBIAA Rules and Regulations, SBIAA Operating Directives, Airport Security Plans, lease requirements, and/or permits will be considered favorably during any compliance and/or appeals process.
- Leaks, Spills, or Discharges: Generally, SBIAA will not initiate formal enforcement action on a self-reported, unavoidable leak, spill, or discharge under the following circumstances:
  1. 1. 1. When it is unreasonable to prevent such an occurrence.
      2. The leak, spill, or discharge amount is determined by SBIAA to be minimal.
      3. No unauthorized substances have entered the storm drains.
      4. The leak, spill, or discharge poses no significant or widespread risk to human health or the environment.
      5. No NOVs or other correspondence had been issued to violator for a similar violation within the previous 90-calendar days.

IV. Types of Penalties, Violations, Fines and Revocations:

Penalties that are imposed as a result of safety and security violations will be categorized in levels. Levels will escalate from Level I through Level III and the list provided below is not exhaustive nor meant to be all encompassing. Any offense not covered below will be evaluated on a case-by-case basis at the sole discretion of SBIAA. On behalf of the Chief Executive Officer, Airport Security and/or Airport Operations personnel will issue NOVs up to Five Thousand and 00/100 Dollars ($5,000) per violation, per day of continuous non-compliance, for applicable violations of the SBIAA Rules and Regulations, and/or terms of any commercial lease agreement, or permit which regulates the conduct of operations at the Airport in addition to the remedies permitted in any lease, agreement, or permit. As applicable, each day (24-hour period) a violation continues shall be considered a new violation. Any NOV compliance actions shall not exclude, or be intended to infer, that resultant penalties will replace, or limit any other fines, assessments, or other similar penalty that may be assessed by a regulatory agency or public jurisdiction separate from SBIAA. For each violation found, a NOV will be forwarded to the appropriate entity (violator and/or Airport tenant). If a violation has created a situation considered an Imminent Danger, serious and/or a Willful Offense, the Airport Manager has the authority to issue “stop work” orders, without penalty to contracts or agreements, and proceed with the abatement of the violation with the responsible entity being responsible for all reasonable costs incurred for the abatement of such violation(s). For the purposes herein, the terms Imminent Danger and Willful Offense are defined as follows:

- “Imminent Danger” means the existence of any condition or practice in an area that could reasonably be expected to immediately cause death or physical harm to any person(s) the environment, or aircraft operations.
- “Willful Offense” means an individual on the Airport has failed to follow SBIAA Rules and Regulations, or report or abate a hazard, or when the individual repeats a violation for which they have already received a NOV.

V. Time records are kept on file/applicable for Penalties, Violations, Fines and Revocations

Penalties that are imposed as a result of an NOV will remain on the individual’s Airport record for a specified amount of time as categorized per each level below:

- Level I and II violations = Records kept for 24 consecutive calendar months
- Level III (1st and 2nd violation), fines, and/or revocations = Records kept for 5-years.
- Level III (3rd violation) = Records kept permanently.

Violation Levels

Levels	1st Violation	2nd Violation	3rd Violation	Tenant Responsibility
Level I	Re-take the training course within 10-business days	Badge revocation for 24-hours and re-take training course within 5-business days	Badge revocation for 5-days and re-take training course on the next business day	3rd Infractions only: In writing by company manager acknowledging the infractions and stated counseling has taken place
Level II	Re-take the training course within 5-business days	Badge revocation for 5-business days and re-take training course by the next business day	Badge revocation for 30-calendar days and re-take training course before badge privileges are re-instated.	2nd and 3rd Infractions only: In writing by company manager acknowledging the infractions and stated counseling has taken place
Level III	Revocation of badge privileges for 5-business days and re-take training course, as applicable	Badge revocation for 30-calendar days and re-take training course, as applicable	Permanent revocation from AOA Access	All Infractions: In writing by company manager acknowledging the infractions and stated counseling has taken place
Fine or Revocation	Fine up to $500	Fine up to $1,000 and/or suspension of SBIAA permit or agreement as applicable	Fine up to $5,000 and/ or revocation of SBIAA permit or Agreement as applicable

Type of Violation

1. Moving Violations on the AOA

Letter	Description	Level 1	Level 2	Level 3
a.	Speeding on the AOA	•
b.	Driving on AOA without a valid driver’s license	•
c.	Driving on Movement Area without Movement Area endorsement			•
d.	Failure to use flashing lights, beacon or other approved vehicle identifying on the AOA		•
e.	AOA/SIDA vehicle registration violation (Not displaying proper decals or permits)	•
f.	Failure to yield to aircraft		•
g.	Erratic or reckless driving	•
h.	Parking vehicles and/or equipment within 15-ft. of fire hydrant or other fire control apparatus	•
i.	Unsafe, careless or improper operation of aircraft		•
j.	Failure to observe stop sign	•
k.	Failure to use a marked service road		•

2. Security Violations on the AOA

Letter	Description	Level 1	Level 2	Level 3	Fine or Revocation
a.	Failure to properly display an Airport Badge above the waist on the outermost garment in AOA/SIDA Areas	•
b.	Allowing unauthorized access into the AOA /SIDA		•
c.	Failure to secure vehicle gate or AOA/SIDA access door		•
d.	Displaying a false, altered or forged Airport badge			•	•
e.	Improper entrance into the AOA or SIDA by piggybacking, tailgating, or not using an appropriate entrance into the SIDA		•
f.	Lending one’s own valid Airport badge to another person or using another one’s Airport badge to gain access			•	•
g.	Using an expired Airport badge in the AOA/SIDA Areas		•
h.	Improper personnel escort procedures		•
i.	Entering AOA while Airport badge is suspended			•	•
j.	(Space intentionally left blank)
k.	Improper vehicle escort procedures Permitting tailgate entry, abandoning escort, moving from AOA gate prematurely to it being secured	•
l.	Failure to challenge an individual not displaying an Airport Badge within the AOA/SIDA Areas	•
m.	Failing to report a challenge where Airport badge was not produced within the AOA or SIDA areas		•
n,	Failure to report a security violation or suspicious activity within the AOA/SIDA	•
o.	Failure to present a valid Airport badge when challenged by another Airport badge holder		•
p.	Using an Airport badge that was previously reported as lost or stolen	•
q.	Not waiting for authorized personnel when an alarm is activated to an AOA/SIDA access points	•
r.	Entering the SIDA without proper Airport badge access			•	•
s.	Bypassing or escorting an individual with the intention of bypassing TSA screening checkpoint when travelling on a commercial flight			•	•
t.	Failure to cooperate with Airport Security/Police and/or Airport Operation personnel			•
u.	Misuse of Authorized Signer privileges		•		•
v.	Circumventing security equipment or facilities or deliberately compromising Airport security			•	•
w.	Failure to disclose an arrest for a disqualifying offense			•	•

3. Environmental Violations

Letter	Description	Level 1	Level 2	Level 3	Fine or Revocation
a.	Improper disposal of waste	•	•	•	•
b.	Unauthorized painting or Non Permitted painting		•
c.	Unreported spills			•	•
d.	Improper containment of spills	•
e.	Leaking GSE, Trucks or Vehicles				•
f.	Containment of open fluids and materials			•	•
g.	(Intentionally Left Blank)

4. Safety and Health Violations

Letter	Description	Level 1	Level 2	Level 3	Fine or Revocation
a.	Housekeeping violations: Blocking aisles/doorways/emergency exits. Leaving trash, FOD, falling hazards	•
b.	No Labels, No Hazard signs posted on hazmat units	•
c.	Electrical Safety Violations	•
d.	Feeding animals or encouraging the congregation of animals	•
e.	Failure to follow lockout/tag out procedures		•
f.	Failure to follow proper confined space entry procedures	•
g.	Improper use or storage of hazardous chemicals	•
h.	Failure to follow Hot Work Procedures		•
i.	Fueling or defueling aircraft inside or within 50 ft. of hangar or building			•
j.	Fueling or defueling aircraft while thunderstorms activity within 5-statute miles	•
k.	Smoking on AOA	•
l.	Parking fuel trucks within 50-ft. of structures			•
m.	Conducting improper or prohibitive fueling activities or in unauthorized areas		•
n.	Failure to have the proper fire extinguishing equipment while conducting fueling activities	•
o.	Open flame operations on the AOA without SBIAA approval	•
p.	Failure to properly dispose of Regulated Garbage			•	•
q.	Failure to report an accident or damage that was a result of a collision			•
r.	Failure to follow proper procedures while operating fueling equipment			•
s.	Discharging wash water into the storm water system			•
t.	Washing an aircraft or vehicle in non-designated areas			•
u.	Improper disposal of any substance in violation of the SWPPP or SBIAA Rules and Regulations			•	•

5. Non-Moving Violations on the AOA

Letter	Description	Level 1	Level 2	Level 3	Fine or Revocation
a.	Vehicle parked in No Parking Zone	•
b.	Parking in Fire Lane	•
c.	Starting engines or APU inside hangar or building			•	•
d.	Vehicle safety violation (missing seatbelts, lights, horn, brakes, etc.)				•
e.	Unauthorized use of the Airport for commercial use without valid Operating Permit			•	•
f.	Unauthorized construction, modification or improvement to airport facilities				•
g.	Failure to file and obtain approved FAA 7460-1 form for all crane, construction, or development activities within the AOA				•
h.	Unauthorized parking or storing derelict aircraft, vehicles or equipment				•
i.	Failure to adhere to operating agreements and permits i.e. Commercial Operating Permit & Special Events Permit				•
j.	Abandoning vehicles or Ground Support Equipment (GSE) on service roads or ramp/non-movement areas that are not designated for parking		•
k.	Failure to secure a vehicle that is unattended or not in operation within the SIDA		•
l.	Leaving unattended aircraft or vehicles in the wash racks		•
m.	Prolonged storage of damaged/dismantled aircraft at tie-downs or unauthorized areas			•

Notice of Violation Program

Operating Directive 20-001