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 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
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
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
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 PREPARING YOUR CASE
TUNE-UP MASTERS INC. Administrative Enforcement Order Issued Respondent Appealed Case Heard Before Administrative Law Judge CASE PREPARATION/EVIDENCE GATHERING
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 TUNE-UP MASTERS INC. – Case Preparation
ENVISION DATABASE TUNE-UP MASTERS INC. – Case Preparation Search records to determine number of locations
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
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
I Drive (EMD Photo Storage) Inspections Incidents Complaints 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 TUNE-UP MASTERS INC. – Case Preparation
Parcel Viewer (County Assessors Office) Identify Property Owner Research Other Properties Owned by Respondent TUNE-UP MASTERS INC. – Case Preparation
SECRETARY OF STATE – CA Business Search http://kepler.ss.ca.gov/list.html http://kepler.ss.ca.gov/list.html TUNE-UP MASTERS INC. – Case Preparation
SECRETARY OF STATE – CA Business Search TUNE-UP MASTERS INC. – Case Preparation
SECRETARY OF STATE CA Business Search Results!!! TUNE-UP MASTERS INC. – Case Preparation
DMV DATABASE – (monthly fee for access) OTHER REGULATORY AGENCIES DTSC (http://www.dtsc.ca.gov/index.cfmhttp://www.dtsc.ca.gov/index.cfm (Research EPA ID#s, HWTS Reports, other enforcement cases) 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.
Company Website: http://tuneupmasters.net/ TUNE-UP MASTERS INC. – Case Preparation Hint: Dead links can be a red flag!
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) 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!
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 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….. TUNE-UP MASTERS INC. – Case Update