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' (c) The department or the unified program agency may request from any generator, and the <br /> generator shall provide within 30 days from the date of the request,a copy of the generator's review <br /> and plan or report. The department or the unified program agency may evaluate any of those <br /> documents submitted to the department or the unified program agency to determine whether it <br /> satisfies the requirements of this article. <br /> (d)(1)If the department or the unified program agency determines that a generator has not <br /> completed the review and plan in the manner required by Section 25244.19,or the report in the <br /> manner required by Section 25244.20,the department or the unified program agency shall <br /> provide the generator with a notice of noncompliance,specifying the deficiencies in the review <br /> and plan or report identified by the department.If the department or the unified program agency <br /> finds that the review and plan does not comply with Section 25244.19,the department or the <br /> unified program agency shall consider the review and plan to be incomplete.A generator shall <br /> file a revised review and plan or report correcting the deficiencies identified by the department <br /> or the unified program agency within 60 days from the date of the receipt of the notice.The <br /> department or the unified program agency may grant,in response to a written request from the <br /> generator,an extension of the 60-day deadline,for cause,except that the department or the <br /> unified program agency shall not grant that extension for more than an additional 60 days. <br /> (2)If a generator fails to submit a revised review and plan or report complying with the <br /> requirements of this article within the required period,or if the department or unified program <br /> ageneydetermines that a generator has failed to implement the measures included in the <br /> generator's review and plan for reducing the generator's hazardous waste,in accordance with <br /> Section 25244.19,the department or the unified program agency may impose civil penalties <br /> pursuant to Section 25187,in an amount not to exceed one thousand dollars(51,000)for each <br /> day the violation of this article continues,notwithstanding Section 25189.2,seek an order <br /> directing compliance pursuant to Section 25181,or enter into a consent agreement or a <br /> compliance schedule with the generator. <br /> (e) If a generator fails to implement a measure specified in the review and plan pursuant to <br /> paragraph(5) of subdivision(b)of Section 25244.19,the generator shall not be deemed to be in <br /> violation of Section 25244.19 for not implementing the selected measure if the generator does both <br /> of the following: <br /> (1)The generator finds that,upon further analysis or as a result of unexpected consequences, <br /> the selected measure is not technically feasible or economically practicable,or if the selected <br /> approach has resulted in any of the following: <br /> (A)An increase in the generation of hazardous waste. <br /> (B)An increase in the release of hazardous chemical contaminants to other media. <br /> (C)Adverse impacts on product quality. <br /> (D)A significant increase in the risk of an adverse impact to human health or the <br /> environment. <br /> (2)The generator revises the review and plan to comply with the requirements of Section <br /> 25244.19. <br /> (f)When taking enforcement action pursuant to this article,the department or the unified program <br /> agency shall not judge the appropriateness of any decisions or proposed measures contained in a <br /> review and plan or report,but shall only determine whether the review and pian or report is complete, <br /> prepared,and implemented in accordance with this article. <br /> (g)In addition to the unifiedprogram agency,an appropriate local agency that has jurisdiction over <br /> a generator's site may request from the generator,and the generator shall provide within 30 days from <br /> the date of that request,a copy of the generator's current review and plan and report. <br /> 67 <br />