Violation Dispute Process
If a person who receives a notice to comply disagrees with one or more of the violations listed on the notice to comply, the person shall provide the HMD a written notice of disagreement along with a copy of the notice to comply. The notice of disagreement can be submitted concurrently with a signed certification of corrective action for violations that are not disputed or if the person disagrees with all of the violations, the written notice of disagreement can be returned in lieu of the signed certification of corrective action. In either case the response must be submitted within 30 days of the date of issuance of the notice to comply.
The notice of disagreement should challenge a violation as factually or legally incorrect. If a violation is challenged as factually incorrect the notice of disagreement should contain or describe evidence that either contradicts or materially modifies the evidence described in the notice to comply. Submitting an analysis that a waste is not a hazardous waste is an example of such evidence. If a violation is challenged as legally incorrect, the notice of disagreement should contain or describe a different interpretation of law, regulation or the requirement. Alternatively a written justification could also be used to support a different interpretation of law, regulation or the requirement.
The notice to comply and violation(s) will be reconsidered based on the additional evidence or differing legal or regulatory interpretation described in the notice of disagreement by the supervisor of the specialist who issued the notice to comply. If the notice of disagreement is upheld the violation will be rescinded. If notice of disagreement is not upheld the violation will stand. A written explanation of the justification for rescinding or upholding the violation will be sent to the person disputing the violation and to the permit file. If the dispute remains, the business may appeal its case to the Chief of the Hazardous Materials Division and then, if necessary, to the Director of the Department of Environmental Health.