Disputing Violations
Disputing a Violation
The Department of Environmental Health and Quality's (DEHQ) Hazardous Materials Division (HMD) administers the regulatory requirements of the Certified Unified Program Agency (CUPA) programs in the San Diego region. These programs include underground storage tanks, aboveground petroleum storage, hazardous waste generation and treatment, hazardous materials business plan, and accidental release prevention; and additionally, medical waste generation. These programs ensure the safe handling, storage, disposal, and reporting of hazardous materials to protect public health and the environment. HMD’s authority is established under the California Health and Safety Code and the California Code of Regulations (HSC § 25404.1.2 and 27 CCR § 15180).
If your business receives a Notice to Comply (NTC) or Notice of Violation (NOV) and you believe a violation is incorrect, you may file a Notice of Disagreement (NOD).
When You Can Dispute
You may dispute a violation if:
- You believe the findings are factually incorrect, or
- You believe the citation is based on an incorrect interpretation of laws and regulations
How to File
You may file your NOD by email to the inspector who conducted the inspection, or by mail to:
Hazardous Materials Division
Department of Environmental Health and Quality
P.O. Box
129261
San Diego, CA 92112‑9261
Attn: Violation Dispute Resolution
What to Include
- A copy of the NTC or NOV
- A written explanation of each disputed violation
- Supporting documentation (e.g., records, sampling results, permits, or regulatory interpretation)
- Certification of correction for all other violations (Corrective Action Form may be used)
Deadline to File
Submit your NOD within 30 calendar days of the NTC or NOV date.
Submitting an NOD does not extend compliance deadlines unless HMD authorizes otherwise.
What Happens Next
- Supervisor Review: A supervisor evaluates the dispute and all supporting information. You will receive a written response within 30 days.
Possible outcomes:
· Upheld – the violation remains.
· Rescinded – the violation is removed, and revised documentation is issued.
- Appeal to the HMD Chief: If you disagree with the supervisor’s decision, you may file a written appeal to the HMD Chief and a similar process ensues.
- Appeal to the DEHQ Director: If the matter remains unresolved, you may appeal to the Director of DEHQ within 15 days of the Chief’s decision. The Director’s decision is final.
Recordkeeping
All dispute-related documents and decisions become part of your facility’s CUPA permit record and may be used to help ensure consistency across regulatory programs.
Questions?
Contact your assigned specialist or email hmdutyeh@sdcounty.ca.gov
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What is a Notice to Comply (NTC) or Notice of Violation (NOV)?
These are enforcement documents issued when an inspector identifies violations during an inspection. After every inspection, inspectors will document their findings in a Compliance Inspection Report (CIR).
If violations are observed, they will be documented on either an NTC or an NOV (depending on classification). The document type is identified on the header of each page.
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Can I still submit a Notice of Disagreement (NOD) after 30 days from the
date the NTC or NOV was issued?
No. Disputing a violation is a time-sensitive process and all required documentation must be submitted within the 30 day time frame.
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Does submitting an NOD extend my compliance deadline?
No. Compliance deadlines set forth on the NOV or NTC remain in effect unless HMD specifically authorizes an extension.
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What if I’m only disputing some of the violations?
You must submit certification of correction for all undisputed violations. A Corrective Action Form may be used for this purpose.
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What happens after I submit my dispute?
A supervisor reviews your NOD and supporting information. You will receive a written response within 30 days.
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What are the possible outcomes of the review?
Upheld: The violation remains on the report/record and you must comply with the corrective action within the established set compliance deadline.
Rescinded: The violation will be removed from the report/record and a revised report will be issued to the business.
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What if I disagree with the supervisor’s decision?
You may submit a written appeal to the HMD Chief.
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What if I still disagree after the Chief’s review?
You may appeal to the Director of the Department of Environmental Health and Quality within 15 days of the Chief’s decision. The Director’s decision is final.
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