NATIONALLY-DEFINED VALUES - RETURN TO COMPLIANCE QUALIFIER

Code

Name Description

D

Documented The site demonstrated that it is in full physical compliance by filing appropriate documentation with the implementing agency.

N

Not Resolvable Situations where, although the original violations may still exist or may never have been corrected, there is no further legal action that the agency can pursue to compel the site to bring the violation into full physical compliance.  Therefore, the open status of the violation is being closed out.  Examples of circumstances that could be considered "not resolvable" include, among others, scenarios involving bankruptcy (company has no financial means to continue efforts to return to compliance), statute of limitations restrictions, and violations that were referred from RCRA to CERCLA (enforcement type 830), referrals to other RCRA programs (enforcement action 850), or referrals to other programs (enforcement type 860).

O

Observed Verified by on-site inspection that his violation is now in full physical compliance.

U

Unverifiable Situations where it is not possible to verify whether or not the original violation still exists or whether it was corrected and returned to compliance.  This would apply to a variety of scenarios, including: (a) a site is closed and out of business; (b) a facility's permit has expired and the regulated activity is no longer being conducted; (c) a site's operational status has changed from active to inactive; and (d) a site appears to be in full physical compliance but correction of the original violation cannot be validated (e.g., the violation was for an unlabeled drum and, based on subsequent inspection, all observed drums on-site are now labeled but it is not possible to determine whether the original drum observed to be  unlabeled is among the drums currently on-site).