Section 873.4 - Notice to Comply(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.(h) Nothing in this subchapter shall be construed to restrict or limit the Administrator's ability to take any other action authorized by law.Cal. Code Regs. Tit. 14, § 873.4
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). Note: Authority cited: Sections 8670.7, 8670.67 and 8670.68, Government Code. Reference: Sections 8670.67 and 8670.68, Government Code.
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).