§ 873.4. Notice to Comply.
14 CA ADC § 873.4Barclays Official California Code of Regulations
Barclays California Code of Regulations
Title 14. Natural Resources
Division 1. Fish and Game Commission--Department of Fish and Game (Refs & Annos)
Subdivision 4. Office of Spill Prevention and Response
Chapter 7. Compliance
Subchapter 1. Administrative Compliance Actions and Hearing Procedures
Article 1. Administrative Compliance Actions and Civil Penalties
14 CCR § 873.4
§ 873.4. Notice to Comply.
(b) A Notice to Comply shall clearly state the facts or failures to act that constitute the alleged violation. Where appropriate, a Notice to Comply may require a time in which to comply and include a proposed means by which compliance may be achieved. The Administrator may require a person to provide proof of compliance.
(d) If a person who receives a Notice to Comply disagrees with one or more of the alleged violations cited in the notice, the person shall provide written objection(s) to the Administrator within 10 business days from the date of the receipt of the Notice to Comply. The Administrator shall review the written objections within 90 days of their receipt. Results of this review may include, but are not limited to, rescinding the Notice to Comply, scheduling an informal settlement conference, or issuing a Complaint. If, upon review, the Administrator issues a Complaint and assesses an administrative civil penalty on the basis of the disputed violation, a hearing may be requested, and shall be conducted, in the manner set forth in Article 2 of this subchapter.
(e) Notwithstanding subsection (a), the Administrator shall not issue a Notice to Comply for any knowing, willful, or intentional violations; for any violation that enables the violator to benefit economically from noncompliance, either by realizing reduced costs or by gaining a competitive advantage; or for any violation that is a chronic violation; or for any violation that is committed by a recalcitrant violator.
(2) within the time for compliance stated in the Notice to Comply, the recipient shall submit a statement to the Administrator detailing the steps by which compliance has been achieved. A false statement that compliance has been achieved is a violation of this subchapter pursuant to Sections 8670.65, 8670.66, or 8670.67 of the Government Code.
Credits
Note: Authority cited: Sections 8670.7, 8670.67 and 8670.68, Government Code. Reference: Sections 8670.67 and 8670.68, Government Code.
History
1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
2. Amendment of subsection (a) filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 14, § 873.4, 14 CA ADC § 873.4
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