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Notice and Order
Stipulated Notice and Order
Stipulated Agreement
Emergency Waiver
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
Types of Notices
- Corrective action by LEA
- Impose administrative civil penalties
- Conditional impose administrative civil penalties
- Petition for superior court injunction
- Imposition of civil penalties
- Suspend or revoke permit
Notice and Order must include:
- From and to
- Site description
- Violation description
- Violation of statues, regs 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--0 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 hrs ED 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
- ED review
- Condition, limit, suspend, revoke, terminate if causes harm to PH&E or no Diversion
Agenda
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