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Introduction What is a notice and order? A notice and order is
one of the enforcement tools available to LEAs.
Notice and Order (Title 14--18304 et seq)
- Change implemented by operator without permit revision.
- Local enforcement agency (LEA) determined that the operator is in
violation of permit.
- LEA sets terms.
- Meet requirements of 18304.
Stipulated Notice and Order
- Same as notice and order.
- EA and operator agree to terms as indicated by signatures.
- Could be enforced as a “contract agreement.”
Types of Orders
- Compliance Order
- Corrective Action Order
- Cease and Desist Order
What Notices Can Do
- Corrective action by LEA.
- Impose administrative civil penalties.
- Conditionally impose administrative civil penalties.
- Petition for superior court injunction.
- Impose civil penalties.
- Suspend or revoke permit.
Notice and Order Must Include
- From and to
- Site description
- Violation description
- Violation of statues, regulations, or terms and conditions
- Schedule of compliance
- Penalty
- Notice of right to appeal
- Date and signature
Must Be Accompanied by Declaration
Notice and Order Process
- Served to owner and operator:
- Within 5 days of issuance.
- Mailed or posted.
- Sent to Board within 5 days of issuance.
Order Is Final
- 15 days after receipt
- After any request hearing and appeals
Notice to Board--5 Days After Action Taken to Enforce Order
Notice to Board--30 Days After Final Compliance Deadline or Expiration
- Compliance with order.
- Completed, extended, enforced.
- Justification of determination.
Stipulated Agreement (Title 14--17211 et seq)
- Only for a temporary emergency resulting from unforeseeable circumstances.
- Everything is in place except for revised permit.
- Current compliance with the permit.
- Requested by operator.
- Agreement that there is a temporary emergency.
- Agreement on terms.
- 90 days, but can be extended.
Stipulated Agreement Process
- Request from operator.
- Description of temporary emergency; why unforeseeable.
- Requested changes.
- Terms and conditions to be addressed.
- Commencement date.
- Actions to be taken so agreement is not needed.
- Evidence of compliance with the following: applicable land use
entitlements, other permits, federal, State, and local laws and regulations,
CEQA.
- Issue within 10 days of request.
- Notice Board within 5 days of issuance/newspaper notice 24 hours
- CIWMB Executive Director review:
- Condition, limit, suspend, revoke, terminate if causes harm to public
health and the environment.
Stipulated Agreement Must Include
- Terms and conditions subject to agreement.
- Justification.
- Changes required to address temporary emergency.
- Terms of the agreement including commencement date and termination date.
- Action taken by operator to revise permit or modify operations.
- Action LEA will take.
- Operator and LEA signatures.
Emergency Waiver (Title 14--17210 et seq)
- In response to proclaimed State or local emergency.
- Waiver from certain terms and conditions during recovery phase.
- 120-day limit; can be extended
- Operator must request: List of terms and conditions to be waived
- Remaining capacity, diversion programs, temporary transfer stations.
- LEA must find:
- Valid permit.
- No threat to public health and the environment.
- Maximum diversion.
- Send to operator within 7 days.
- Send to Board within 15 days.
- CIWMB Executive Director review:
- Condition, limit, suspend, revoke, terminate if causes harm to public
health and the environment or
no diversion.
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