1 / 15

Statewide Enforcement Manager/Supervisor Workshop Unified Program Annual Conference 2006

Statewide Enforcement Manager/Supervisor Workshop Unified Program Annual Conference 2006. UPAAG INSPECTION & ENFORCEMENT STEERING COMMITTEE UP REGULATORY PERFORMANCE MODEL WORKGROUP. Statewide Enforcement. Several cases have developed into Statewide efforts – typically UST

romeo
Download Presentation

Statewide Enforcement Manager/Supervisor Workshop Unified Program Annual Conference 2006

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Statewide EnforcementManager/Supervisor WorkshopUnified Program Annual Conference2006 UPAAG INSPECTION & ENFORCEMENT STEERING COMMITTEE UP REGULATORY PERFORMANCE MODEL WORKGROUP

  2. Statewide Enforcement • Several cases have developed into Statewide efforts – typically UST • ARCO, 7-11, SBC/AT&T • Prosecutors throughout the State began holding Prosecutor Roundtables • Emphasis was on statewide coordination of enforcement cases • Cal EPA embarked on a variety of enforcement initiatives – eg EPOP

  3. Statewide Enforcement • Local prosecutors working with UPAs on specific cases and started looking at options to better coordinate Statewide cases • Certain individuals took the lead and began meeting to discuss issues

  4. Statewide Enforcement • CFB began discussing coordination and communication concerns • Needed a system to let folks know what was going on with Statewide cases • Needed a system to begin the process of making a case Statewide • Information requests were being sent to UPA’s that were not clear

  5. Statewide Enforcement • CFB began discussing coordination and communication concerns • Logistics of which DA would take the point • Some DA’s were not involved and felt they needed to go ahead with their own prosecution • How to meet and discuss specific cases • Priorities of identified Statewide cases • How to deal with recalcitrants

  6. Statewide Enforcement • CFB began discussing coordination and communication re Settlements • CFB very happy to receive settlements – scholarships to this conference • Felt we needed to work closer on details of settlements • Settlements needed to be discussed with appropriate agencies prior to completion

  7. Statewide Enforcement • Monterey Meeting • Local prosecutors • State Attorney General • CFB Representatives • Adjunct to Prosecutor’s Roundtable meeting

  8. Statewide Enforcement • Discussions led to two CFB recommendation documents • STATEWIDE CASE COORDINATION • ENFORCEMENT SETTLEMENTS

  9. Statewide EnforcementRecommendations on Case Coordination • Identify statewide case • Set up communications network • Identify prosecutorial point of contact (POC) • The prosecutorial POC discuss with other prosecutors. • A State agency POC should be designated when appropriate

  10. Statewide EnforcementRecommendations on Case Coordination • A CUPA POC should be designated. • CFB to establish communication method to inform other UPAs. • CFB POC to discuss details with any prosecutor or UPA staff. • Initial contact to the CFB Enforcement Issue Coordinator. • Investigations should not occur independent of the local UPA.

  11. Statewide EnforcementRecommendations on Settlement Agreements • CFB believes that settlement agreements should follow a consistent methodology • Methodology • fair accounting of efforts expended by individual UPA’s • provide prosecutors with sufficient latitude to negotiate appropriate settlement agreements. • CFB encourages discussion on follow-up administrative requirements or conditions of injunctive relief or compliance mandates.

  12. Statewide EnforcementRecommendations on Settlement Agreements • Reimburse agency costs incurred • Allocate a portion of penalties/fines to the specific UPA’s involved with the investigation or to those major UPA contributors • Allocate a portion of penalties/fines to all UPA’s throughout the State using some equitable process • Allocate a portion of penalties/fines to the CFB for scholarships or training activities

  13. Statewide Enforcement • Recent Settlement SBC/AT&T • Specific conditions of settlement re 25299 fine account • Use for UST enforcement • [Legislative proposal] • Coordinated by San Joaquin County DA’s Office

  14. Statewide Enforcement • Several major cases moving forward at this time. • Testing process and communication with each case and hopefully improving with each • Working with UPAAG Enforcement Steering committee on direction

  15. Statewide Enforcement QUESTIONS? Bill Jones, I&E Issue Coordinator bjones@lacofd.org 323-890-4042

More Related