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USING YOUR COMPUTER AS AN ENFORCEMENT TOOL Gathering Evidence & Preparing Your Case. Heather Tanner, CHMM Environmental Specialist. SACRAMENTO COUNTY ENFORCEMENT HISTORY 89 Administrative Enforcement Orders Issued in FY 05/06 Hazardous Waste/Combined = 44 Underground Storage Tank = 31

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using your computer as an enforcement tool gathering evidence preparing your case

USING YOUR COMPUTER AS ANENFORCEMENT TOOLGathering Evidence & Preparing Your Case

Heather Tanner, CHMM

Environmental Specialist

slide2
SACRAMENTO COUNTY ENFORCEMENT HISTORY
  • 89 Administrative Enforcement Orders Issued in FY 05/06
    • Hazardous Waste/Combined = 44
    • Underground Storage Tank = 31
    • Hazardous Materials Business Plan = 13
    • Risk Management Plan (RMP) = 1
  • Four Appeals in Last Three FY’s:
    • Three AEO’s appealed to an Administrative Law Judge
    • One AEO appealed to County Hearing Officer
slide3

EMD COMPUTER ENFORCEMENT TOOLS

  • ENVISION (EMD Facility Database Program)
  • eRMA (County Intranet – EMD Document Imaging)
  • I DRIVE (EMD Intranet - Photo Storage Drive)
  • County Business License/Fictitious Business Name Database
  • PARCEL VIEWER (County Assessors Office)
  • SACRAMENTO COUNTY CODE
slide4

USING ENVISION FOR ENFORCEMENT

  • BUSINESS PLAN SUBMITTAL TRACKING (Monthly Report)

Identifies Businesses Delinquent in Submitting Plan

  • FAILURE TO RETURN TO COMPLIANCE (Quarterly Report)

Identifies Businesses with Open Violations

  • FAILURE TO PAY (Quarterly Report)
  • Identifies Businesses with Overdue Fees
slide5

PREPARING YOUR CASE

  • Gather Evidence to Support the Violations
  • Determine Correct Ownership Information
  • Search Internet for Additional Information
  • Organize Information in a Clear, Logical Format
  • Prepare AEO or Forward Case to DA
slide6

CASE PREPARATION/EVIDENCE GATHERING

TUNE-UP MASTERS INC.

Administrative Enforcement Order Issued

Respondent Appealed

Case Heard Before Administrative Law Judge

slide7

TUNE-UP MASTERS INC. – Case Preparation

  • ENVISION DATABASE –
    • Search records to determine number of locations
    • Hazardous Materials Application Type (HAPP) Report: Identifies current owner, last inspection, date last BP received, etc.
    • UST Enforcement Notes Report (USTE): Report to Generate Inspector’s Chronology of Events – Very Important!
    • Review Violation Status – Previous or Open Violations
    • Payment History
slide8

TUNE-UP MASTERS INC. – Case Preparation

  • ENVISION DATABASE

Search records to determine number of locations

slide9

TUNE-UP MASTERS INC. – Case Preparation

  • HAPP REPORT
  • TUNE-UP MASTERS #321
  • 2450 Fulton Ave., Sacramento, CA
    • Owner Information
    • HMP Submittal Date
    • Last Inspection Date
    • Regulated Programs
    • Past Due Fees
slide10

TUNE-UP MASTERS INC. – Case Preparation

  • USTE REPORT
  • TUNE-UP MASTERS #321
  • 2450 Fulton Ave., Sacramento, CA
    • Facility Information
    • Chronology of Events
    • Updated by Inspector
    • Attached to Facility ID#
    • Includes Names, Dates, and Important Details
slide11

TUNE-UP MASTERS INC. – Case Preparation

  • eRMA

(EMD Document Imaging)

    • Inspection Reports
    • Correspondence
    • Permits
    • Invoices
    • Permits
slide12

TUNE-UP MASTERS INC. – Case Preparation

  • I Drive

(EMD Photo Storage)

    • Inspections
    • Incidents
    • Complaints
slide13

TUNE-UP MASTERS INC. – Case Preparation

  • Business License/

Fictitious Business Name

    • City/County Database
    • Obtain Correct Business Ownership Information

(i.e. Sole Proprietor, Inc., Corp., LLC, etc.)

    • Identify Other Businesses Owned by Respondent
slide14

TUNE-UP MASTERS INC. – Case Preparation

  • Parcel Viewer

(County Assessors Office)

    • Identify Property Owner
    • Research Other Properties Owned by Respondent
slide15

TUNE-UP MASTERS INC. – Case Preparation

  • SECRETARY OF STATE – CA Business Search
    • http://kepler.ss.ca.gov/list.html
slide16

TUNE-UP MASTERS INC. – Case Preparation

  • SECRETARY OF STATE – CA Business Search
slide17

TUNE-UP MASTERS INC. – Case Preparation

SECRETARY OF STATE

CA Business Search

Results!!!

slide18

TUNE-UP MASTERS INC. – Case Preparation

  • DMV DATABASE – (monthly fee for access)
  • OTHER REGULATORY AGENCIES
    • DTSC (http://www.dtsc.ca.gov/index.cfm

(Research EPA ID#s, HWTS Reports, other enforcement cases)

slide19

TUNE-UP MASTERS INC. – Case Preparation

  • Fishing for information? Use the Inter “net”!
  • Use your favorite search engine -
    • Google, Yahoo, etc…
  • Look for the company’s website
  • Research business journals, news articles, trade groups, other companies in the same industry.
slide20

TUNE-UP MASTERS INC. – Case Preparation

  • Company Website: http://tuneupmasters.net/

Hint: Dead links can be a red flag!

slide21

TUNE-UP MASTERS INC. – Case Preparation

  • If you can’t find the information you need:
    • Don’t be afraid to do things the old fashioned way and ask for help! Here are a few resources -
      • Western States
      • D.A./Investigators/Law Enforcement
      • Local Task Force Meetings
      • Other Regulatory Inspectors
      • Bulletin Boards – i.e. Calcupa.net, RAIN
      • CHMIA (CA Hazardous Materials Investigators Association)
slide22

TUNE-UP MASTERS INC. – Case Preparation

  • Information Provided by Western States on Tune-Up Masters:
    • Dunn & Bradstreet Report
    • LexusNexis Business Summary
    • CA BK Records
    • LexusNexis Business Summaries

for other Partners

Reports contained very little current information – but did identify holdings in the Cayman Islands!

slide23

TUNE-UP MASTERS INC. – Case Update

  • ADMINISTRATIVE ENFORCEMENT ORDER (AEO):
    • Issued January 2005
  • APPEALED:
    • Tune-Up Masters Refused Settlement Offer - Requested Hearing
  • HEARING SCHEDULED :
    • Before an Administrative Law Judge - May 2005
slide24

TUNE-UP MASTERS INC. – Case Update

  • FINAL DECISION:
    • Issued by ALJ July 2005
  • VERDICT:
    • Tune-Up Masters Inc. Appeal Denied
    • EMD AEO Affirmed – Penalty of $184,080 Granted
  • PAYMENT?
    • To Be Determined…..