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(b) operating or proposing to operate any facility without a <br /> solid waste facilities permit [PRC, 45200] <br /> (c) mming a disposal site and causing or permitting the <br /> operator of such disposal site to violate a solid waste <br /> facilities permit or operating such disposal site without a solid <br /> waste facilities permit. [PRC, 45200] <br /> (d) intentionally or negligently violating any standard for <br /> the storage or removal of solid waste [PRC, 452001 <br /> (e) causing or threatening to cause a condition of hazard, <br /> pollution, or nuisance constituting an emergency requiring <br /> immediate action to protect the public health, welfare, or <br /> safety. [PRC, 45300(a) ] <br /> (f) causing or threatening to cause a condition of hazard, <br /> pollution, or nuisance due to the migration of methane gas or any <br /> solid waste. [PRC, 45300(b) ] <br /> An enforcement order may be issued by Board action or by the <br /> Executive Officer upon delegation by the Board. If staff feels <br /> that an enforcement order by the Board is appropriate, they must <br /> make that recommendation to the Board in the form of an agenda <br /> item. - (A discussion on agenda item preparation begins on page <br /> 64) . <br /> There are two types of enforcement orders that may be <br /> issued: a Notice and order or a Stipulated order of compliance <br /> and Agreement. Both types of enforcement orders must be <br /> consistent with Title 14 CCR 18304 and Board enforcement policy. <br /> However, a Notice and Order (generally issued relating to <br /> corrective action required within 90 days) is issued without <br /> operator consent, and the enforcement agency must petition the <br /> court for relief if the operator fails to comply with the terms <br /> of the order. A Stipulated Order of Compliance and Agreement <br /> (generally issued relating to corrective action requiring greater <br /> than 90 days) is a contract between the enforcement agency and <br /> the operator. If the operator fails to comply with the terms of <br /> the order, the enforcement agency must petition •the court to <br /> enforce the contract. <br /> Both types of enforcement orders describe the existing <br /> violation(s) and direct the operator to take specific corrective <br /> action(s) . [See Title .14 CCR 18304 which requires that an <br /> enforcement order contain specific minimum informational items. ] <br /> In addition, the Board may opt to issue an enforcement <br /> order if the operator of a facility fails to correct violations <br /> within one year of listing [PRC, 44106(x) ] (see previous <br /> section) , but only when the LEA has failed to do so [FRC, 45000] . <br /> A sample Notice and Order and a Stipulated Order of <br /> Compliance and Agreement are included in Appendix J. <br /> 62 <br />