Section 18304 - Notices and Orders(a) The EA as it deems appropriate or when required by statute, shall issue a notice and order pursuant to subsection (b) and section 18304.1 if, in the course of an investigation or at any other time, the EA determines that any facility, disposal site, operation or person(s):(1) Is in violation of Division 30 of the Public Resources Code;(2) Is in violation of any regulations adopted pursuant to Division 30;(3) Is in violation of any of the terms or conditions of the solid waste facility permit under which the facility or disposal site is operating;(4) Causes or threatens to cause a condition of hazard, or pollution; or(5) Poses a potential or actual threat to public health and safety or the environment.(b) The notice and order shall contain the following information: (1) The identity of the EA.(2) The name or names of each person or entity to whom it is directed.(3) A description of the facility, operation or site where the violation was documented with a specific description of the location of the violation(4) A description of the violation.(5) The statutes, regulations, or permit terms or conditions the EA has determined are being violated.(6) A schedule, as described in section 18304.1(a), by which the operator is to take specified action(s).(7) The penalty for not complying within the specified schedule, as described in section 18304.1(b).(8) A notice informing the owner/operator of their right to appeal the notice and order to the hearing panel or hearing officer under PRC 44307.(9) The date of issuance and signature of an authorized officer or employee of the EA.(c) The notice and order shall be accompanied by a declaration or affidavit under penalty of perjury of an employee or officer of the EA stating that the allegations contained in the notice and order are based either on personal knowledge or information and belief. If the basis of the allegations is the personal knowledge of the declarant or affiant, the declaration or affidavit shall state generally how such knowledge was obtained, including the date of any inspection. If the basis of the allegations is information and belief, the declaration or affidavit shall state generally the source of the information; however, in no case shall the identity of an informant be required to be revealed.(d) Within five business days of issuance of the notice and order, it shall be served on the owner and operator of the site, facility or operation, or person as applicable, in the following manner: (1) If the site or facility has been issued a permit, or if an application for the site or facility is pending, or if the EA has received a Notification for the operation, by certified mail, return receipt requested, to the address last given by the owner and operator or by personal service if certified mail attempts are unsuccessful; or(2) If no permit has been issued and no application is pending, or no Notification has been filed, by posting a copy at no less than one conspicuous place at the site or facility. Additional copies shall be mailed to addresses of the owner and operator if known to the EA.(e) A copy of any notice and order shall be sent to the board within five business days of issuance. Enforcement: For efficient administration, a single notice and order form will be used to initiate any of the various enforcement actions provided by the Act. However, it should be noted that certain enforcement actions are available only for certain types of violations.
Cal. Code Regs. Tit. 14, § 18304
1. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Amendment of section and NOTE filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
3. Change without regulatory effect amending subsection (b)(8) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42). Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45000- 45024, Public Resources Code.
1. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Amendment of section and Note filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
3. Change without regulatory effect amending subsection (b)(8) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).