Noncompliance Letter Response

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Noncompliance Letter Response

• David Smicherko

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Noncompliance Letter

• Noncompliance Letters (NCLs) are the one type of
  letter generated from a compliance inspection.
• Sent via mail or email. (operator is usually
  copied)
• Deficiencies noted during the inspection are
  enumerated in the NCL.
• The inspection report may list other deficiencies
  noted during the inspection.
• Only the deficiencies in the NCL must be
  responded to.

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Noncompliance Letter

• The response to a Noncompliance Letter
  should include
• The corrective action.
• The date the corrective action was completed
  or will be completed.
• If appropriate how the noncompliance
• issue can be avoided in the future.

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Common Problems in NCL Responses

• No response received.
• NCL gives permittee or responsible authority 14
  days to respond. In some cases a time extension
  will be granted.
• A second NCL will be issued, sent via certified
  mail with a 7 day response time given.
• Inadequate response received.
• All items in NCL are not responded to.
• Items in NCL are not responded to completely.

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Examples of Complete Responses

• Deficiency
• Documentation of the calibration of the elapsed
  time meters was not on site.
• Response
• The elapsed time meters were calibrated on March
  7, 2007. A copy of the calibration sheet is
  attached and a has been placed on site.

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Examples of Complete Responses

• Deficiency
• The reduced pressure zone backflow preventer was
  leaking excessively indicating the need for
  testing and/or repair.
• Response
• The RPZ was repaired and re-certified on April
  4, 2007. A copy of the certification is enclosed.

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Examples of Complete Responses

• Deficiency
• Advisory signs must be posted around the
  percolation ponds to designate the nature of the
  project area.
• Response
• Advisory signs have been posted. See enclosed
  photos.

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Examples of Incomplete Responses

• Deficiencies
• The percolation pond had a freeboard of less than
  one foot.
• Erosion of the percolation pond berm was noted.
• An unauthorized discharge was observed from the
  percolation ponds.
• Response (Operations)
• (Operations Company name) can not comment on the
  condition of the pond, therefore, the owner will
  address items 1, 2 and 3.
• Response (Owner)
• As you are aware we are working with (Operations
  Company name) to resolve issues 1, 2 and 3.

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Examples of Incomplete Responses

• Deficiency
• The Department has not received a response to the
  Noncompliance Letter numbered OCD-C-WW-07 which
  is enclosed.
• Responses
• (Operations Company name) did not receive copy of
  this letter.
• A response was mailed to the noncompliance
  letter.

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Examples of Incomplete Responses

• Deficiency
• A copy of the permit was not onsite.
• Response
• A copy of the permit should have been in the
  office.
• Deficiency
• The operations logbook and copy of operators
  license were not onsite.
• Response
• I had the logbook with me copy of license in
  logbook.

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Questions