California Integrated Waste Management Board 1 Overview of Waste Tire Enforcement Program Georgianne Turner – Program Wendy Breckon – Legal Office Helen Carriker – Accounting Office

California Integrated Waste Management Board 2 Waste Tire Enforcement Program Program – Discover – Educate – Investigate Legal Office –Prosecute Accounting Office –Collected the Penalties

California Integrated Waste Management Board 3 Goals  Sites comply with the law  Protect Public Health, Safety & Environment  Consistent and effective enforcement  Deter future violators

California Integrated Waste Management Board 4  Permitting of Tire Facility  Hauler Registration  Inspections  Investigating Complaints  Surveillance  Manifest System  Enforcement Actions  Collections Arms of the Program

California Integrated Waste Management Board 5 Program Partners Waste Tire Grantees  Inspections & Surveillance CIWMB Tire Enforcement Program  Permitting  Assistance to Grantees  Inspect sites where there is no Grantee  Enforce and Investigate after NOV Waste Tire Hauler & Manifest  Register Waste Tire Haulers  Manage Manifest Program  Enforcement Cases on Illegal Haulers CHP & ARB Contracts

California Integrated Waste Management Board 6 Informal Enforcement Process  Notice of Violation (First Inspection)  Extension (Re-inspection) – Only for good faith effort  Cleanup and Abate Order (Re-inspection) – Grantee refers case to CIWMB  Success: – 8000 inspections – 560 Notice of Violations – 12 Cleanup and Abatement Orders

California Integrated Waste Management Board 7 Enforcement Process  After Cleanup and Abatement Order – Clean & Lien – Administrative Complaint – Work with legal on Referral AG, DA, CDAA or other remedy

California Integrated Waste Management Board 8 Informal Enforcement Process Waste Tire Haulers  Found through Complaints & Manifest – First offense Letter of Violation – Inspection (Optional) – Referral to Legal  Program Drafts Administrative Complaint  Found by CHP – Warning or Ticket  During Inspection – Notice of Violation to comply immediately – Referred to Hauler Program

California Integrated Waste Management Board 9 Program Growth & Success

California Integrated Waste Management Board 10 Off to Legal

California Integrated Waste Management Board 11 Sending A Case to Legal  No compliance after informal process of: – Notice of Violation or Letter of Warning – Letter of Violation or Cleanup and Abate Order  Repeat Offender  Can’t get site access  Property owner unidentified  Multi-media case

California Integrated Waste Management Board 12 Waste Tire Enforcement Duties in Legal Office  Review of Cleanup and Abatement Orders  Issuance of Administrative Complaints – Illegal Waste Tire Facility – Unregistered Haulers – Waste Tire Storage Permit--Waste Tire Hauler Registration Revocation, Suspension and Denial  Resolve cases through hearings/ negotiations  Convert decisions to Superior Court judgments – Place liens on property  Refer Civil/Criminal cases, Inspection Warrants, and Collection Cases to AG

California Integrated Waste Management Board 13 Legal’s Tool Box

California Integrated Waste Management Board 14 Inspection Warrants  Used for inspection purposes when inspectors cannot access property  Used to obtain access to property for cleanup purposes

California Integrated Waste Management Board 15 CIWMB Enforcement Protocol Administrative Enforcement when:  Need for penalties, permit revocation for compliance  Conduct creates a significant harm or a high risk of harm to public health or the environment

California Integrated Waste Management Board 16 CIWMB Enforcement Protocol Civil Enforcement when:  Injunctive relief to obtain compliance;  Multi-jurisdictional or statewide significance;  Existing administrative enforcement orders or settlements were violated;  Major cleanup activity;  City or county is a possible defendant – need State level prosecution  Desire to establish judicial precedent.

California Integrated Waste Management Board 17 Criminal Enforcement when :  Informal /administrative enforcement actions do not deter conduct  Intentional conduct contrary to law  Significant harm to public health or the environment  Repeated illegal acts  Fraud, deception  Violations of more than one media CIWMB Enforcement Protocol

California Integrated Waste Management Board 18 Process For Obtaining Administrative Decision Via Hearing  File Administrative Complaint With OAH.  Set Hearing Date. Oppose or Agree with Requests for Continuance or Change of Venue  Prepare witnesses  Obtain/provide discovery  Prosecute Case at Hearing  Tire Storage Penalty Cases - Administrative Law Judge (ALJ) issues final decision.  All other cases - Board adopts or rejects ALJ Decision.

California Integrated Waste Management Board 19 Process for Obtaining Administrative Decision Via Settlement  Program and violator agree to terms of settlement - stipulation is signed.  Board approves stipulation in closed session - Board Decision is issued.  If violator fails to comply with stipulation – “Decision Pursuant to Stipulation”  Board rejects stipulation -either renegotiate or go to hearing.

California Integrated Waste Management Board 20 How Do We Create Enforceable Administrative Decisions For Penalty Cases ?  If payment made in timely fashion, no need for further enforcement.  Waste Tire Storage penalty cases - court filing to obtain a clerk’s judgment.  Hauler cases - referred to the AG to obtain judgment.

California Integrated Waste Management Board Administrative Decisions 2005 Decisions12 # of Tires Cleaned Up153,670 $ Judgments$208, Decisions6 # of Tires Cleaned Up18,000 $ Judgments$43,900

California Integrated Waste Management Board 22 Recent Improvements in Waste Tire Enforcement Program  Tire Procedures Manual –document and streamline administrative hearing and Superior court procedures for support staff;  Worked with Accounting Office –to streamline collection procedures;  Workplace Violence Prevention Procedures to protect field staff  Enforcement of Manifest Violations  Grant Agreement with CDAA  Collaboration with Cal/EPA

California Integrated Waste Management Board 23 Collaboration with Cal/EPA  Cross BDO Training  State Strike Force Meetings  Quarterly BDO-Prosecutor Meetings  Establishment of Protocols for Enforcement  Further collaboration with Cal/EPA and other BDOs –Single-complaint tracking system –Involvement in state-wide regional task force meetings –Waste Tire Enforcement Grantees working with CUPA, Code and Law Enforcement

California Integrated Waste Management Board 24 Accounts Receivable Process

California Integrated Waste Management Board 25 Prepare Invoice  Set up Accounts receivable  Track payment of invoice – Accounts Receivable Report – Aging Report  Clear Accounts Receivable

California Integrated Waste Management Board 26 Collection Letters  30 days  60 days  90 days

California Integrated Waste Management Board 27 Offset Procedures  Franchise Tax Board Interagency Intercept Collections Program – Debtor must be an individual, not a corporation – Must have social security number

California Integrated Waste Management Board 28 Court Settlements  Small Claims Court if debt is under $5,000  Refer larger debts to State Attorney General’s Office

California Integrated Waste Management Board 29 Collection Agency  Debtor location/Skip tracing  Social Security number search  Report to credit companies  Asset search

California Integrated Waste Management Board 30 Monies Collected to Date $7.4 M Westley Tire $6,700,000 All Other $700,000

California Integrated Waste Management Board 31 Outstanding Invoices - $1.73 M Liened $907,000 Uncollectible $304,000 In Process $522,000

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