Sacramento County Environmental Management Department is one of 83 Certified Unified Program Agencies (CUPA) in the State of California that has been certified by CAL EPA to implement six hazardous materials programs. The six unified programs consist of the following:
- Community Right to Know Program EPCRA/ Hazardous Materials Business Plan Program
- Hazardous Waste Generator (CESQG, SQG & RCRA)
- Tiered Permitting (Treatment of Hazardous Waste)
- Above Ground Tanks
- Underground Tanks
- California Accidental Release Program
As a Unified Program agency it is EMD’s goal to achieve compliance with applicable environmental laws and regulations through an extensive inspection program, educational outreach efforts and, if necessary, the initiation of appropriate enforcement actions. The goal of any enforcement action is to
Return the facility to compliance in a timely manner; Eliminate economic benefit realized by the noncompliant facility; Deter future noncompliance.
Administrative Enforcement uniquely allows EMD (or any CUPA) to pursue action independent of an outside prosecutorial agency. This process allows for a streamlined but effective approach to enforcement. EMD determines the appropriate penalty based on the circumstances of the violation and the violator and statutory or regulatory penalty criteria. EMD may set the penalty and the time frame for the violator’s return to compliance. If the alleged violator chooses to contest the case, EMD schedules a hearing at which there is the opportunity to refute the allegations and present any mitigating factors that may affect the penalty.
EMD does encourage the respondent to enter into settlement discussions at any time. An Administrative Enforcement case can be a much more efficient way of achieving compliance with the violator. An enforcement case can be closed within 30 days or even sooner from the first date of issuance of the administrative enforcement order thus making it an efficient and cost effective tool in maintaining a level playing field within the regulated business community.
Return the facility to compliance in a timely manner; Eliminate economic benefit realized by the noncompliant facility; Deter future noncompliance.
Administrative Enforcement uniquely allows EMD (or any CUPA) to pursue action independent of an outside prosecutorial agency. This process allows for a streamlined but effective approach to enforcement. EMD determines the appropriate penalty based on the circumstances of the violation and the violator and statutory or regulatory penalty criteria. EMD may set the penalty and the time frame for the violator’s return to compliance. If the alleged violator chooses to contest the case, EMD schedules a hearing at which there is the opportunity to refute the allegations and present any mitigating factors that may affect the penalty.
EMD does encourage the respondent to enter into settlement discussions at any time. An Administrative Enforcement case can be a much more efficient way of achieving compliance with the violator. An enforcement case can be closed within 30 days or even sooner from the first date of issuance of the administrative enforcement order thus making it an efficient and cost effective tool in maintaining a level playing field within the regulated business community.
During the presentation, the application of the administrative enforcement process will be discussed while reviewing actual enforcement case studies involving hazardous materials and waste violations. By attending this session attendees will:
- Review actual enforcement case studies involving businesses with hazardous materials and hazardous waste violations and the use of the administrative enforcement process.
- Evaluate the use of administrative enforcement and its effectiveness in regards to timeliness, staff costs and return to compliance by the regulated business.
- Understand that appropriate enforcement action is necessary in maintaining a level playing field amongst the regulated business community.
This is a very effective model that could fit any regualtory program. It's been a great success in California.
ReplyDeleteGood topic to learn about. I think it would definitely benefit a lot of people on the EH community and this should definitely be offered and advertised to the utmost in the AEC in DC. This really hits home because it touches on government and what better place to have this discussion than Washington?
ReplyDeleteInteresting topic....would be beneficial to hear about case studies and how this plays out in the regulated community. Would like to hear about compliance trends and the success rate of this enforcement model.
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