Pilot Program for Streamlined Penalty Enforcement Approved

1. Status Report And Request For Direction On The Streamlined Process For Stipulated Waste Tire Hauler and Waste Tire Facility Administrative Penalty CasesCIWMB Permitting & Compliance Committee MeetingAgenda Item HJanuary 12, 2009

2. Pilot Program for Streamlined Penalty Enforcement Approved Board approved 6 month pilot program in April 2008 Program implemented in July Staff is presenting findings and requesting continuation and expansion of the program

3. What is Streamlined Penalty Program and Why is it Useful An abridged alternative to the normal Administrative Complaint process enforced through Administrative Hearing process Administrative Hearing process can be time consuming and resource intensive Streamlined Penalty process is efficient and cost effective

4. BOARD APPROVED CRITERIA FOR STREALINED PENALTY CONSIDERATION • For the pilot program, cases are limited to hauler related registration and manifesting violations • Cases are considered relatively non-controversial • Cases involve less than 2000 tires • Cases have potential penalties of less than $5000 • Settlement offers are based on Board pre-approved penalty tables • All final settlement offer amounts are signed off on by the Executive Director and Board Chair

5. TYPICALVIOLATIONS PROSECUTED • Hauler violations including: • Registration violations • Example: Unregistered hauling violations, including failure to renew hauler registration on time • Manifest violations • Example: Various manifest violations, including failure to manifest waste tire loads, errors and omissions on manifests, and failure to retain manifest forms

6. HOW PROPOSED STREAMLINED PROCESS WORKS • Violations detected, verified and determined to meet Board pre-approved streamlined process criteria • Staff prepares streamlined settlement agreement • Staff presents settlement agreement to violator • If violator agrees, Board Chair and Executive Director signoff of proposed settlement is obtained and enforcement action is completed • If violator does not agree to settlement agreement, case goes to standard enforcement procedure

7. Program Results Total streamlined penalty offers sent (receipt confirmed) 89 Accepted streamlined penalties and paid in full 70 Accepted streamlined penalties with payment plan   10 Percentage of cases successfully prosecuted90% Rejected streamlined penalty and chose standard AC process 2 Pending streamlined penalty offers 7 Total monies collected $33,150

8. PROPOSED STREAMLINED PENALTY PROGRAM EXPANSION • Prosecution of select violations of Cleanup and Abatement Orders/Cease and Desist Orders related to waste tire facilities • Example: failure to comply with storage, vector or fire related requirements • Example: operating without a permit where there are fewer than 2000 tires involved

9. Proposed Criteria for Expanded Streamlined Penalties Select violation of CAO/Cease and Desist Orders related to waste tire facilities Cases are considered relatively non-controversial Cases involve less than 2000 tires Cases have potential penalties of less than $5000 Settlement offers are based on Board pre-approved penalty tables All final settlement offer amounts are signed off on by the Executive Director and Board Chair

10. STAFF RECOMMENDATION • Staff recommends: • Continuation of the Streamlined Enforcement Process for waste tire hauler- related manifesting and registration violations • Expansion of the streamlined enforcement program to include prosecution of select violations of CAO/C&D Orders related to waste tire storage requirements or operating without a permit • Board adoption of Resolution 2009-14