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California District Attorney’s Association (CDAA). Unique private, non-profit organization whose membership consists of DAs Source of criminal environmental training for DAs and regulators
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California District Attorney’s Association (CDAA) • Unique private, non-profit organization whose membership consists of DAs • Source of criminal environmental training for DAs and regulators • Employs Environmental Circuit Prosecutors that are deputized by local DAs and prosecute criminal and civil cases in 32 counties Agenda Item 8 July 2007
Enforcement Tools Provided by Waste Tire Laws • CIWMB can prosecute and obtain: • administrative penalties against waste tire storage and hauler violators • Denial/revocation of waste tire facility permit and waste tire hauler registration cases • DAs or AG can prosecute to obtain criminal or civil penalties (including jail) for waste tire storage violations and hauler violations
Waste Tire Enforcement Program and CDAA • Criminal and Civil Prosecutions are an Enforcement tool that supplements our administrative penalty and permit revocation/denial actions • Circuit Prosecutor Project has filled in where rural jurisdictions could not pursue cases due to lack of resources and experience • Also provides training of State and local inspectors
History of CDAA Waste Tire Enforcement Grants - After initial pilot project in 2003, 5 Year Plan has been allocating $100,000 per year • Successfully prosecuted and investigated cases • (Since 2002 – at least 16 Waste Tire Cases) • Provided numerous training sessions to state and local inspectors • On average, CDAA spends only $25,000 per year on waste tire cases
Solid Waste Disposal and Codisposal Site Cleanup And CDAA • This year requesting $50,000 (of the $100,000) from the Solid Waste Disposal Trust Fund to fund prosecutions related to providing access to solid waste sites for cleanup • Judicial proceedings are often required to acquire access to the property for conducting a Board-managed cleanup. • Access proceedings need to be instituted by the local jurisdiction in which the property is located. For rural jurisdictions, the same lack the resources issues arise as with tire program prosecutions • Timely access is necessary to assure that the environmental threat posed by the site is rectified quickly • CDAA would provide this service on behalf of the rural jurisdictions for Board-managed remediations