Section 265.210  Issuance of Notice of Violation

If Staff determines that a violation has occurred, Staff shall issue to the alleged violator either a notice of violation or a warning letter. Copies of these documents shall also be provided to the person who reported the suspected violation and, if different, to the owner of the facilities involved. The gravity and circumstances of the violation and the alleged violator's history of compliance or noncompliance shall guide Staff's decision whether to issue a notice of violation or a warning letter. If Staff determines that a violation has not occurred, Staff shall so inform, in writing, the alleged violator, the reporting party, and, if different, the owner of the facilities involved.