USING YOUR COMPUTER AS AN

ENFORCEMENT TOOLGathering Evidence & Preparing Your

CaseHeather 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 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

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

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

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

PREPARING YOUR CASE

TUNE-UP MASTERS INC.

Administrative Enforcement Order Issued

Respondent Appealed

Case Heard Before Administrative Law Judge

CASE PREPARATION/EVIDENCE GATHERING

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

TUNE-UP MASTERS INC. – Case Preparation

ENVISION DATABASE

TUNE-UP MASTERS INC. – Case Preparation

Search records to determine number of locations

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

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

eRMA (EMD Document

Imaging) Inspection Reports Correspondence Permits Invoices Permits

TUNE-UP MASTERS INC. – Case Preparation

I Drive (EMD Photo

Storage) Inspections Incidents Complaints

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

TUNE-UP MASTERS INC. – Case Preparation

Parcel Viewer (County Assessors

Office) Identify Property

Owner Research Other

Properties Owned by Respondent

TUNE-UP MASTERS INC. – Case Preparation

SECRETARY OF STATE – CA Business Search http://kepler.ss.ca.gov/list.html

TUNE-UP MASTERS INC. – Case Preparation

SECRETARY OF STATE – CA Business Search

TUNE-UP MASTERS INC. – Case Preparation

SECRETARY OF STATECA Business Search

Results!!!

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)

TUNE-UP MASTERS INC. – Case Preparation

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.

Company Website: http://tuneupmasters.net/

TUNE-UP MASTERS INC. – Case Preparation

Hint: Dead links can be a red flag!

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)

TUNE-UP MASTERS INC. – Case Preparation

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!

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

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…..

TUNE-UP MASTERS INC. – Case Update