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USING YOUR COMPUTER AS AN ENFORCEMENT TOOL Gathering Evidence & Preparing Your Case

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

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  1. USING YOUR COMPUTER AS ANENFORCEMENT TOOLGathering Evidence & Preparing Your Case Heather Tanner, CHMM Environmental Specialist

  2. 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

  3. 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

  4. 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

  5. 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

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

  7. 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

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

  9. 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

  10. 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

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

  12. TUNE-UP MASTERS INC. – Case Preparation • I Drive (EMD Photo Storage) • Inspections • Incidents • Complaints

  13. 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

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

  15. TUNE-UP MASTERS INC. – Case Preparation • SECRETARY OF STATE – CA Business Search • http://kepler.ss.ca.gov/list.html

  16. TUNE-UP MASTERS INC. – Case Preparation • SECRETARY OF STATE – CA Business Search

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

  18. 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)

  19. 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.

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

  21. 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)

  22. 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!

  23. 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

  24. 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…..

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