1 / 24

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

bernadine
Télécharger la présentation

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

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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…..

More Related