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Managem&nt Memo 89-0 (Rev. 9) Page 3 Off-site Facii t es : Currently operating off-site (as defined in section 25117 . 11 , Division 20, HSC) PBR candidate facilities authorized by permit or Interim will be required to comply with their existing operating rregquuirsments set forth in their permit or Interim status Document. when discovered and investigated through routine inspections and in response to complaints, currently operating off-site PDR candidate facilities authorized by a variance from permit requirements will have their variance revoked by the office that issued the variance. If these facilities wish to continue operating, they may sign the same standardized consent agreement as described below for off-site PBR candidate facilities operating without authorization, This does not apply to temporary household hazardous waste collection events sponsored by local governmental agencies. Off-site facilities which are found to be operating without authorization , will be subject to administrative enforcement action for operating without authorization. Temporary household hazardous waste collection events will be required to obtain variances from the appropriate regional office. X currently operating unauthorized off-site facility that is determined co be eligible for planned off-site PBR will be given the option of settling the administrative enforcement action for operating without authorization by signing a standardized consent agreement which will authorize them to continue their current PBR eligible activity. These standardized agreements will require these facilities to comply with existing interim status requirements until PBR regulations for their activities are effective, and will include a compliance schedult with implementation lags for specific requirements (such as financial responsibility and secondary containment for tanks) to allow appropriate time for the facility to meet those standards. These agreements will clearly require that the facilities comply with PBR revelations for their activity once affective, 'and that the facilities close oz apply for a full permit if it is later determined that their activity will not be allowed under PBR. If a facility declines to sign such an agreement, enforcement action would b• taken requiring them to cease the regulated activity and close that operation. Penalties + Penalties for Allpact non-compliance with fmc o ity standards by both on-site and off-site PBR candidates, in�Audinq operating without a permit, will n2.t be assessed. Penalties Will he ,assessed for past and current violations of generator requirements,,'.and for violations of eonditionn of consent agreements. s - closure Those currently operating PBR candidate facilities planning to cease operations must complete facility closure requirements as specified in