Notice and Order Tool Kit

Types of Notice and Orders

Compliance Order

• Issued pursuant to PRC section 45011(a)(1).

• Brings facility into compliance with:

  • PRC.

  • 14 CCR regulations.

  • Any correction action order or cease and desist order.

  • Or poses a potential threat to public health and safety or the environment

• Establishes a compliance schedule to bring the facility into compliance with documented violations.

• May provide for administrative civil penalties (ACP) if compliance is not achieved within the established time schedule.

• Prior to issuing a notice and order which proposes to levy ACPs, the LEA must do both of the following:

  • Notify the operator of the solid waste facility that is in violation, specifying the PRC or CCR code section or the permit term or condition being violated (SWIS inspections reports, NOV, or other method).

  • Upon request of the operator, hold a compliance meeting to clarify regulatory requirements and to determine what actions, if any, the operator may voluntarily take to bring the facility into compliance by the earliest feasible date.

Corrective Action Order

• Issued pursuant to PRC section 45000.

• Requires owner or operator to take corrective action to abate a nuisance, or protect human health and safety or the environment.

Cease and Desist Order

• Issued pursuant to PRC section 45005.

• Addresses SWFP or SMS violations, or facilities operating without a SWFP, or, situations which threaten to cause a condition of hazard pollution or nuisance.

What Notices Can Do

• Imposition of civil penalties.

• Conditionally impose administrative penalties.

• Corrective action by LEA.

• Impose administrative civil penalties.

• Petition for superior court injunction.

• Suspend or revoke permit.

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Last updated: October 28, 2007