CONSIDERATION OF STREAMLINED PROCESS FOR STIPULATED WASTE TIRE HAULER AND WASTE TIRE FACILTY ADMINISTRATIVE PENALTY CASES CIWMB Board Meeting Agenda Item 9 CONSIDERATION OF STREAMLINED PROCESS FOR STIPULATED WASTE TIRE HAULER AND WASTE TIRE FACILTY ADMINISTRATIVE PENALTY CASES CIWMB Board Meeting Agenda Item 9 April 22, 2008

EXISTING ADMINISTRATIVE COMPLAINT PROCESS Program Staff Program Staff Documents violations and organizes a case file Documents violations and organizes a case file Researches and documents property ownership Researches and documents property ownership Identifies who to serve and the violator’s address Identifies who to serve and the violator’s address

EXISTING ADMINISTRATIVE COMPLAINT PROCESS Legal Staff Legal Staff Review information and conduct additional research to substantiate the charges, if necessary Review information and conduct additional research to substantiate the charges, if necessary Prepare the AC Prepare the AC Serve AC on the violator Serve AC on the violator Track whether the violator requests a hearing Track whether the violator requests a hearing If a hearing is requested, a Notice of Hearing is served on the violator and subpoenas are sent to witnesses If a hearing is requested, a Notice of Hearing is served on the violator and subpoenas are sent to witnesses

EXISTING ENFORCEMENT PROCEDURE WORKLOAD Zero Tolerance Enforcement Policy for tire haulers and tire facilities has increased enforcement cases: Time PeriodNumber of Cases (1 st quarter)44 Legal staff workload implications Legal staff workload implications  2 new attorneys or reduced legal services to other program areas

STIPULATED AGREEMENT PROCESS Legal and Program Staff Legal and Program Staff Negotiate the terms of the Stipulated Agreement (SA) Negotiate the terms of the Stipulated Agreement (SA) Prepare materials for Board consideration in closed session Prepare materials for Board consideration in closed session If the Board agrees with the proposed SA, the SA is drafted and served If the Board agrees with the proposed SA, the SA is drafted and served If the Board does not agree, staff may either enter into additional negotiations, or go to a formal hearing process before the Office of Administrative Hearings If the Board does not agree, staff may either enter into additional negotiations, or go to a formal hearing process before the Office of Administrative Hearings

PROPOSED STREAMLINED ENFORCEMENT PROCEDURE Streamlining proposed to efficiently manage routine cases Streamlining proposed to efficiently manage routine cases Cases with no significant environmental or human health concerns Cases with no significant environmental or human health concerns Board pre-approves settlement offer amounts used in streamlined cases Board pre-approves settlement offer amounts used in streamlined cases Settlement offer amounts adjusted from the Board’s approved administrative penalty tables to reflect the streamlined enforcement procedure Settlement offer amounts adjusted from the Board’s approved administrative penalty tables to reflect the streamlined enforcement procedure All parties agree to the enforcement procedure and penalties, so case management is ministerial in nature All parties agree to the enforcement procedure and penalties, so case management is ministerial in nature All other cases continue to follow the Board’s existing enforcement procedures All other cases continue to follow the Board’s existing enforcement procedures

HOW PROPOSED STREAMLINED PROCESS WORKS Violations detected, verified and determined to meet Board pre-approved streamlined process criteria Violations detected, verified and determined to meet Board pre-approved streamlined process criteria Staff prepares Board pre-approved streamlined settlement agreement for only those violations that meet Board pre-approved streamlined process criteria Staff prepares Board pre-approved streamlined settlement agreement for only those violations that meet Board pre-approved streamlined process criteria Staff presents settlement agreement to violator Staff presents settlement agreement to violator If violator pays, enforcement action is complete If violator pays, enforcement action is complete If violator does not agree to settlement agreement, case goes to standard enforcement procedure If violator does not agree to settlement agreement, case goes to standard enforcement procedure Staff reports to Board monthly on streamlined case settlements Staff reports to Board monthly on streamlined case settlements

EFFICIENT MANAGEMENT OF ROUTINE ENFORCEMENT CASES WITH NO SIGNIFICANT ENVIRONMENTAL OR HUMAN HEALTH CONCERNS Hauler violations including: Hauler violations including: Registration violations, after a warning for a subsequent violation Registration violations, after a warning for a subsequent violation Example: Failure to renew hauler registration on time after receiving warning letters Example: Failure to renew hauler registration on time after receiving warning letters Manifest violations, after a first warning for a subsequent violation Manifest violations, after a first warning for a subsequent violation Example: Failure to submit complete and accurate manifest forms after receiving warning letters Example: Failure to submit complete and accurate manifest forms after receiving warning letters

EFFICIENT MANAGEMENT OF ROUTINE ENFORCEMENT CASES WITH NO SIGNIFICANT ENVIRONMENTAL OR HUMAN HEALTH CONCERNS Minor tire facility violations Minor tire facility violations Cleanup is underway but Cleanup and Abatement Order (CAO) deadline is missed Cleanup is underway but Cleanup and Abatement Order (CAO) deadline is missed Example: CAO specifies cleanup will occur within 30 days, but cleanup actually takes 60 days. Example: CAO specifies cleanup will occur within 30 days, but cleanup actually takes 60 days.

ALL PENALTY AMOUNTS USED IN THE STREAMLINED PROCEDURE HAVE BEEN PRE-APPROVED BY THE BOARD Settlement penalty amounts cannot exceed $5, Settlement penalty amounts cannot exceed $5, Settlement offers are based on current penalty tables in regulations, whereby a reduction in penalty is offered to avoid the cost of litigation Settlement offers are based on current penalty tables in regulations, whereby a reduction in penalty is offered to avoid the cost of litigation All settlement offer amounts are approved by the Board before the program is implemented All settlement offer amounts are approved by the Board before the program is implemented

ALL PARTIES AGREE TO THE ENFORCEMENT PROCEDURE Cases are not controversial Cases are not controversial Cases do not establish a precedent or enforcement direction Cases do not establish a precedent or enforcement direction Cases with relatively little stakeholder objection; political or public interest Cases with relatively little stakeholder objection; political or public interest Majority of the pilot cases are tire hauler failure to register in a timely fashion and/or failure to submit complete and accurate manifest forms Majority of the pilot cases are tire hauler failure to register in a timely fashion and/or failure to submit complete and accurate manifest forms

NUMBER OF CASES THAT MAY BE CANDIDATES FOR THE STREAMLINED ENFORCEMENT PROCESS 2004 through 2007 tire hauler, manifest, and facility penalty cases 2004 through 2007 tire hauler, manifest, and facility penalty cases 68 penalty cases 68 penalty cases 45 of the cases had fines of less than $5, of the cases had fines of less than $5, st Quarter 2008 tire hauler, manifest, and facility penalty cases 1st Quarter 2008 tire hauler, manifest, and facility penalty cases 57 active cases 57 active cases 45 of the cases involve potential settlements of less than $5, of the cases involve potential settlements of less than $5, of the 45 cases are potential candidates for the Streamlined Enforcement Process pilot program 43 of the 45 cases are potential candidates for the Streamlined Enforcement Process pilot program

NEXT STEPS ACTIVITY Develop Pilot Program forms, settlement offers for specific violations, internal business practices, etc. and report to Board Implement a 6-month Pilot Program Report streamlined settlements to Board Report pilot results to Board and recommend further action TIMEFRAME June 2008 July - December 2008 Monthly January 2009

STAFF RECOMMENDATION Staff recommends: Staff recommends: Board approval of the pilot project for streamlining tire enforcement cases Board approval of the pilot project for streamlining tire enforcement cases Board adoption of Resolution (Revised) Board adoption of Resolution (Revised)