COMPLIANCE INFO_1993-1996 - Laserfiche WebLink

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F. Compliance Assurance and Enforcement Actions When the EHD determines that a site has not used due diligence to correct a violation which has been documented on a SWIS form enforcement actions will begin. The following enforcement actions are listed in the order of use from most lenient to most stringent. Inspection Notice- (CCR 18302) Inspection shall be made with the consent of the owner or with a warrant. Using the SWIS form as a written notice delivered to the operator summarizing violations, areas of concern, and satisfactory compliance, documented during an inspection. Administrative Hearing- (CCR 18303) A formal EHD scheduled meeting with the facility operator/owner to discuss specific violations, compliance methods, and compliance schedules. This is also to provide an opportunity for the permittee to present evidence of compliance to avoid further enforcement procedures. Notice and Order- (CCR 18204,E A notice and order will be issued if the administrative hearing fails to obtain compliance. The notice and order may contain any of the following: an order to cease and desist, an order to cleanup or abate, a notice that EHD shall petition the hearing panel for clean up or abatement, a notice that EHD may petition the superior court to enjoin the violations, a notice that EHD may bring action in superior court to impose penalties, or a notice that EHD may petition a hearing panel to suspend, revoke, or modify the permit. A copy of the notice and order shall be sent to the CIWM13 within 5 business days of issuance. Emergency Corrective Action- (PRC 45001, 45002-, 45003, 45004, 45006, 4500-2) Subsequent to operator failure to immediately correct a violation which causes imminent danger to life or health or EHD determines it is necessary for the public health to perform clean up or remedial work, after an administrative hearing and if the request is granted EHD may enter into a contract for remedial action and recover the costs of the contract in a civil action paid to EHD together with the costs of the suit incurred. Request for Listing as a Non -complying Facility-- (PRC 44104, 44106) The ClNNM shall maintain an inventory of solid waste facilities which violate state minimum standards. The EHD will provide documentation to the CIWMM to meet this section of the PRC. Permit Denial, Modification, Sulpension or Revocation- (P -RC 4430-44817) These actions require Hearing Panel utilization which is addressed in section G.