Notice of Noncompliance

ERP, the EPA may seek civil penalties, refer a violation for criminal penalties under TSCA 16, seek to enjoin a violation, issue a Notice of Noncompliance if the violation was minor, or a combination of these. 

Under the AHERA ERP no penalties are assessed against LEAs for first time violations if they are relatively low level violations. Instead, Notices of Noncompliance, which do not carry penalties, are issued for these first time violations. Civil complaints can be issued if the LEA does not comply with a Notice of Noncompliance. For example, in In the Matter of Rose 6- Alex Pilibos, the EPA Region issued a default order penalizing the ovmers of a private school building because they had allegedly not submitted a management plan in accordance with the Notice of Noncomphance issued to them, and they did not respond to the EPA s complaint. Civil complaints may also be issued for subsequent violations and more serious first violations. The 1998 AHERA ERP amendments authorize penalties for first time violations if the LEA fails to inspect or reinspect using accredited contractors. 

Every manufacturer of motor vehicles or items of equipment for motor vehicles must report defects related to motor vehicle safety and noncompliance with Federal Motor Vehicle Safety Standards (see Chapter 14). After the National Highway Traffic Safety Administration (NHTSA) receives notice of such safety problems, the manufacturer must implement a program to remedy the defects and report progress quarterly in the implementation of that program. 

Upper management wanted to ensure that all key people who needed to be informed of certain situations received adequate and prompt notice. The two areas that were added were notices of environmental exceedances or noncompliance and any warrants served. These two parameters were given a numerical classification of an incident and added to the form. Involved parties were retrained in the inclusion of the two new additions on the incident form. 

Noncompliance is an important cause of lack of response to drugs. Patients should be warned also that noticeable improvement may be slow, perhaps taking 3 weeks or more. Inability to tolerate adverse effects and discouragement with treatment are two major causes for noncompliance and for failure of antidepressants to show efficacy. 

If the EPA does not comply with these requirements of the Paperwork Reduction Act, a respondent can raise the noncompliance as a complete defense to a penalty proceeding. As a result, a respondent in a penalty proceeding charged with failing to prepare records or submit information to the EPA should check to be certain that the EPA obtained a valid OMB control number for the information request, and published the required notice with the call for information. The EPA cannot impose a penalty if it did not comply with the Paperwork Reduction Act. ... 

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