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the operation is out of compliance with 14 CCR <br /> requirements? What is the violation? EA <br /> notification is not a permit, so are they allowed <br /> to operate without a permit? They have <br /> submitted the information required, but not <br /> adequately. <br /> Answer 8: The operator of a small volume <br /> construction & demolition wood chipping and <br /> grinding operation must meet the requirements <br /> of 14 CCR 18103.1-Filing Requirements and JA <br /> CRR 17386-Operation Plan. An operator should <br /> not operate until they have fully complied with <br /> the requirements. An enforcement agency <br /> should take appropriate enforcement actions If <br /> it is determined that the operator has not fully <br /> complied with the filing and/or operation plan <br /> requirements and is operating the site. <br /> 1810XQ states: "Operations authorized to use <br /> the enforcement agency notification tier are <br /> required to operate in accordance with the <br /> minimum standards set forth in Chapters;j or <br /> 3_1 of Division 7 applicable to that operation." <br /> Article 5.9 is under Chapter 3 of Division 7. In <br /> addition, Article 5.9, Section 17386(x) states: <br /> "The Plan shall contain the following..." (which <br /> includes all the requirements of the Operations <br /> Plan). <br /> The enforcement agency should follow the <br /> appropriate guidelines as noted in its own <br /> enforcement program plan. For example, an <br /> escalating level of regulatory responses for <br /> enforcement agency use could include a <br /> compliance request (written or verbal) > <br /> applicable violation noted on an inspection <br /> form > notice of violation > notice and order > <br /> cease and desist. As enforcement agency <br /> notification sites are not facilities, the use of <br /> Public Resources Code 44002 may be <br /> problematic. However, other enforcement tools <br /> available to enforcement agencies could be <br /> used to require an operation to either cease <br /> operating or to comply with requirements <br /> established in state regulations. Factors that an <br /> enforcement agency may consider when <br /> choosing the level and timing of enforcement <br /> options include the level of threat to public <br /> health and safety and/or the environment <br /> posed by the operation and whether the <br /> operator knowingly disregarded the regulations <br /> when commencing or continuing operations <br />