Download presentation
Presentation is loading. Please wait.
Published byMarsha Leonard Modified over 8 years ago
1
California Integrated Waste Management Board 1 Overview of Waste Tire Enforcement Program Georgianne Turner – Program Wendy Breckon – Legal Office Helen Carriker – Accounting Office
2
California Integrated Waste Management Board 2 Waste Tire Enforcement Program Program – Discover – Educate – Investigate Legal Office –Prosecute Accounting Office –Collected the Penalties
3
California Integrated Waste Management Board 3 Goals Sites comply with the law Protect Public Health, Safety & Environment Consistent and effective enforcement Deter future violators
4
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
5
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
6
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
7
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
8
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
9
California Integrated Waste Management Board 9 Program Growth & Success
10
California Integrated Waste Management Board 10 Off to Legal
11
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
12
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
13
California Integrated Waste Management Board 13 Legal’s Tool Box
14
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
15
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
16
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.
17
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
18
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.
19
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.
20
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.
21
California Integrated Waste Management Board 21 2004-2005 Administrative Decisions 2005 Decisions12 # of Tires Cleaned Up153,670 $ Judgments$208,700 2004 Decisions6 # of Tires Cleaned Up18,000 $ Judgments$43,900
22
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
23
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
24
California Integrated Waste Management Board 24 Accounts Receivable Process
25
California Integrated Waste Management Board 25 Prepare Invoice Set up Accounts receivable Track payment of invoice – Accounts Receivable Report – Aging Report Clear Accounts Receivable
26
California Integrated Waste Management Board 26 Collection Letters 30 days 60 days 90 days
27
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
28
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
29
California Integrated Waste Management Board 29 Collection Agency Debtor location/Skip tracing Social Security number search Report to credit companies Asset search
30
California Integrated Waste Management Board 30 Monies Collected to Date $7.4 M Westley Tire $6,700,000 All Other $700,000
31
California Integrated Waste Management Board 31 Outstanding Invoices - $1.73 M Liened $907,000 Uncollectible $304,000 In Process $522,000
32
California Integrated Waste Management Board 32 www.ciwmb.ca.gov
33
California Integrated Waste Management Board 33
Similar presentations
© 2024 SlidePlayer.com. Inc.
All rights reserved.