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Procedures/Inspection <br /> Page Two <br /> Although we do not intend to provide advance notice of the <br /> inspection dates to operators, the Local Enforcement Agency (LEA) <br /> will be notified of those dates, and will be invited to accompany <br /> our staff on the inspection. <br /> If, after three inspections, your facility continues to be <br /> operating in violation of one or more of the State Minimum <br /> Standards you will be notified of this finding by certified <br /> letter. A copy of that letter will be sent to the LEA. After 90 <br /> days or upon notification of correction of all violations(s) , <br /> Board staff will reinspect the facility. If the facility is <br /> still in violation, staff will notify you and the LEA, by <br /> certified letter of staff's intent to recommend that the Board <br /> place the facility's name on the State List of Non-Complying <br /> Facilities at a regularly scheduled meeting of the Board. Should <br /> the Board place the facility on that list, State law (Government <br /> Code 66796.39) requires that the LEA develop a compliance <br /> schedule for correction of the violation(s). If compliance is <br /> not achieved within one year, Government Code section 66796.39 <br /> directs LEAs to revoke facility operating permits. If the <br /> facility is closed or abandoned, staff will recommend that the <br /> LEA issue a notice of violation and an order to correct the <br /> violations. That Notice and Order will also notify you or the <br /> owner of the facility that State law provides that "the <br /> unremedied condition of the facility is prima facie evidence of <br /> negligence, and in any action for damages against the owner of <br /> the property for injury caused by the unremedied condition, the <br /> burden of proving the injury was not caused by an unremedied <br /> condition shall be on the owner of the property". <br /> If you have any questions regarding the program, please contact <br /> me at (916) 322-1769. <br /> Sincerely, <br /> ?� <br /> John K. Bell , Manager <br /> Monitoring Section <br /> Encore <br /> cc:�J�im Miller, San Joaquin Local Health District <br /> mea <br />