CLAIM: The City refuses to revoke the business license of the two hexavalent chromium emitters to shut them down more quickly.
While the City may have the authority to revoke a business license, it has no legal authority to force a business to close without court action. The City would be required to seek a court injunction to shut down a business. The City would be required to show evidence to the court , such as: high level emissions of hexavalent chromium that are, at least, substantially, coming from that particular business in order for a court to grant the injunction. It is more challenging when a business demonstrates to the court that it is currently taking measures to comply with AQMD’ s abatement order. In December 2016, the LA County Department of Public Health and SCAQMD have already attempted to use the courts to shut down the activities at the Anaplex Corporation facility, and that efforts failed in the courts.
With AQMD’ s Order of Abatement, if these companies are not able to comply and they continue on as “repeat offenders,” the fines associated with shut downs and loss of revenue from being closed, could likely result in these companies closing on their own accord. The City’s hope with SCAQMD’ s regulatory process is that these companies make the necessary changes that results in clean air (i.e., no more illegal emissions) and continued operations and employment for their workers.