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10, 2008, <br />that <br />established a compliance schedule with a deadline. <br />The LEA <br />determined <br />that <br />the site did not comply with requirements of the Notice and <br />Order (see <br />Attachment <br />3). <br />the compliance schedule. <br />Respondent failed <br />Respondent received the <br />Order on November 13, 2008 as verified by a certified <br />mail receipt. Respondent <br />could have submit <br />a written request <br />to the LEA on or <br />before December 14, 2008 for an extension of <br />time with respect <br />to the deadlines <br />in <br />the compliance schedule. <br />Respondent failed <br />to exercise this <br />option within the <br />stated period and thus the <br />Order became final <br />on December 14, <br />2008. <br />Owner is uncooperative, fails to return any communications with the LEA. On July 15, <br />2009 the EHD sent an e-mail to Mr. Evans regarding the corrective action plan and <br />issuing administrative penalties for the ongoing violations. No response was received <br />from Mr. Evans. On March 6, 2009 the EHD staff conducted a site visit. The EHD staff <br />was unable to contact Mr. Evans. Mr. Evans was not present. On December 9, 2009 <br />the EHD staff conducted the annual inspection. The EHD was not able to contact Mr. <br />Evans. Mr. Evans was not present. On January 15, 2010 the EHD staff delivered <br />inspection report at the site address. Spoke with Mr. Evan's daughter Brittnie <br />regarding Notice and Order and annual inspection. She signed the certified mail form. <br />Brittnie stated that she has no communication with her father and does not know <br />where he is now but promises to tell him to contact the EHD if he contacts her. No <br />response from Mr. Evans. On December 20, 2010 the EHD staff called Brittnie and left <br />a message to schedule an annual inspection. No response. On December 30, 2010 <br />the EHD staff conducted an annual inspection. The EHD was unable to contact Mr. <br />Evans. Mr. Evans was not present. On August 31, 2011 the EHD staff conducted a <br />site visit. No site activities have been done to clear ongoing violations. The EHD staff <br />was unable to contact Mr. Evans. Mr. Evans was not present. On October 28, 2011 <br />the EHD staff conducted a site visit. No changes. The EHD staff was unable to contact <br />Mr. Evan. Mr. Evans was not present. On November 11, 2011 the EHD staff <br />conducted a site visit and left business card for Mr. Evans to call. No response from <br />Mr. Evans. On December 8, 2011 the EHD staff conducted quarterly inspection. <br />Observed Mr. Evans car on the property. Mr. Evens did not show up. On December <br />140 2011 the EHD staff mailed inspection report to the three addresses based on <br />license plates of the cars present on the property including site address. No response <br />from Mr. Evans. On January 5, 2012 and January 13, 2012 the EHD staff conducted <br />site visits. Mr. Evans was not present. No changes observed. <br />Penalties Pursuant to Public Resource Code section 45011, and as noticed in the Order, the <br />Proposed LEA has the authority to impose penalties in the amount of $5000.00 per day, per <br />violation. <br />Furthermore, <br />if cited violations <br />are <br />ongoing, <br />additional administrative <br />penalties may <br />be assessed <br />for each day that <br />the <br />violation <br />continues. <br />Meeting Pursuant to PRC Section 45011 (b)(2), the owner/operator may request the LEA to <br />Offered schedule a settlement conference to clarify regulatory requirements and to determine <br />what actions, if any, the operator may voluntarily take to bring the facility into <br />compliance by the earliest feasible date. The request must be made in writing to the <br />LEA within 15 business days of the date of this notice. <br />Administrative The attached Penalty Order (Attachment 1) is issued pursuant to PRC 45011 and <br />Penalty Order imposes an administrative civil penalty of $190.575.00. This Notice of Penalty <br />Assessment is based on your specific violations and will be effective within 15 <br />business days of the receipt of this notice UNLESS you take one of the following <br />actions: <br />Option 1: Agree to a settlement offer (Attachment 2); or <br />