California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › 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 › Section 873.4 - Notice to Comply

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						Administrator may issue a Notice to Comply to any person as an alternative to a
						Complaint, subject to subsection (b).
(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.
(c) Failure to comply with a Notice to Comply
						within the time allowed may be considered a violation of this
						subchapter.
(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.
(f) In
						determining whether a violation is chronic or a violator is recalcitrant, for
						purposes of subsection (e), the Administrator shall consider whether there is
						evidence indicating that the violator has engaged in a pattern of neglect or
						disregard for the requirements of this subdivision.
(g) Pursuant to subsection (a), the
						respondent to a Notice to Comply shall:
(1)
						sign the Notice to Comply and return it to the Administrator within 10 business
						days or acknowledge the Notice to Comply in a writing, which contains all the
						information in the Notice to Comply and return it to the Administrator within
						10 business days,
(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.