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( 2) Intent to Include Facilities on the State List of Non- <br /> Complying Facilities. <br /> The Board may act on the recommendation(s) by authorizing an <br /> investigation of the LEA' s designation based on the performance <br /> history documented ( PRC, 43219( b) j , and by notifying facilities <br /> operators of intent to list due to- violations of State Minimum <br /> Standards (PRC, 44104 ( b) ) . <br /> The sample transmittal letter to accompany the FER is shown <br /> in Appendix W. The guidelines for preparing the FER are shown in <br /> Appendix X. <br /> LEA performance <br /> The Facilities Evaluation Report provides a documented <br /> summary of the history relating to LEA performance within their <br /> jurisdiction and includes the findings of past inspections and <br /> enforcement actions . If, in the course of the Board/LEA joint <br /> inspection, significant violations are discovered that were not <br /> identified and resolved during previous inspections by the LEA, <br /> the Board may direct the LEA Evaluations Unit to conduct a <br /> Performance Review of. the LEA (PRC, 43219(b) ) . Examples of <br /> reasons to review an LEA include, but are not limited to, the <br /> following (PRC, 43214, 43215 ) : <br /> ( 1) Failure of the LEA to document significant violations <br /> of State Minimum Standards. <br /> ( 2) Failure of the LEA to issue a Notice and Order upon <br /> notification of a permit violation or minimum standards. <br /> ( 3) Failure to suspend or revoke a solid waste facilities <br /> permit, as required by Board action or regulation. <br /> ( 4) Failure to process a solid waste facilities permit <br /> application in a timely manner. <br /> ( 5) Failure of an LEA to review closure/postclosure plans <br /> in a timely manner. <br /> (6) Failure to conduct a five year permit review in a <br /> timely manner . <br /> The investigation must be completed within 120 days of the <br /> Board's determination to conduct a Performance Review (PRC, <br /> 43219(b) ) . Within 60 days of completing the investigation, a <br /> written report must be completed and submitted to the LEA. The <br /> LEA must then submit a Plan of Correction within 90 days of <br /> transmittal in response to the Board's investigative report (PRC, <br /> 43219(b) ) . If the LEA fails to submit an acceptable Plan of <br /> Correction as required, or fails to implement an acceptable Plan <br /> of Correction, the Board may begin procedures to withdraw the LEA <br /> designation as required (PRC, 43219(e) ) . <br /> When an LZA jesignation is withdrawn by the Board, a new LEA <br /> must be desigr.a- ed within 90 days. The Board will become the <br /> enforcement ace-,:y within that jurisdiction when a new LEA has <br /> 59 <br />