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USING YOUR COMPUTER AS AN ENFORCEMENT TOOL Gathering Evidence & Preparing Your Case Heather Tanner, CHMM Environmental Specialist.

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Presentation on theme: "USING YOUR COMPUTER AS AN ENFORCEMENT TOOL Gathering Evidence & Preparing Your Case Heather Tanner, CHMM Environmental Specialist."— Presentation transcript:

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2 USING YOUR COMPUTER AS AN ENFORCEMENT TOOL Gathering Evidence & Preparing Your Case Heather Tanner, CHMM Environmental Specialist

3 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

4 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

5 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

6  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

7 TUNE-UP MASTERS INC. Administrative Enforcement Order Issued Respondent Appealed Case Heard Before Administrative Law Judge CASE PREPARATION/EVIDENCE GATHERING

8  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

9  ENVISION DATABASE TUNE-UP MASTERS INC. – Case Preparation Search records to determine number of locations

10 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

11 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

12  eRMA (EMD Document Imaging)  Inspection Reports  Correspondence  Permits  Invoices  Permits TUNE-UP MASTERS INC. – Case Preparation

13  I Drive (EMD Photo Storage)  Inspections  Incidents  Complaints TUNE-UP MASTERS INC. – Case Preparation

14  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

15  Parcel Viewer (County Assessors Office)  Identify Property Owner  Research Other Properties Owned by Respondent TUNE-UP MASTERS INC. – Case Preparation

16  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

17  SECRETARY OF STATE – CA Business Search TUNE-UP MASTERS INC. – Case Preparation

18 SECRETARY OF STATE CA Business Search Results!!! TUNE-UP MASTERS INC. – Case Preparation

19  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

20  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.

21  Company Website: http://tuneupmasters.net/ TUNE-UP MASTERS INC. – Case Preparation Hint: Dead links can be a red flag!

22  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

23  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!

24  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

25  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


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