HomeMy WebLinkAboutMINUTES - 12191989 - 2.9 S
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009
ToBOARD OF SUPERVISORS ,�,,�
FROM: C Ilra
Mark Finucane, Director Costa
DATE Health Services Department 0111
December 19, 1989
SUBJECT;
Establishment of a Environmental Crimes Strike Force
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Authorize the Health Services Director and the District
Attorney to establish an integrated Environmental Crimes
Strike Force staffed by personnel from law enforcement, the
Health Services Department and the District Attorney' s office,
effective January 1, 1990 .
.2 . Approve the following positions to staff the Environmental
Crimes Strike Force:
. 5 FTE Clerk (Health Services Dept
1 . 0 FTE Hazardous Materials In kind)
Specialist
1 . 0 FTE Deputy District Attorney(A Level)
.5 FTE District Attorney Senior New positions
Investigator
1 . 0 FTE Law Enforcement Representative
3 . Approve establishing a subcommittee of the Hazardous Materials
Commission consisting of a representative from the Central
Sanitary District and a representative from the cities, to
serve in an advisory capacity to the Hazardous Materials
Council regarding Strike Force activities .
FINANCIAL IMPACT
Funding for first year operations for the above identified
positions totalling $220,000 would be apportioned among the county
( 30%) , cities (40%) and sanitary districts (30%) . The percentages
of program start-up costs allocated to the county, city and
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S :
ACTION OF BOARD ON QH; IV APPROVED AS RECOMMENDED .K OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
7C UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: Health
Administrator ATTESTED DEC 19 1989
lie alth. Services PHIL BATCHELOR, CLERK OF THE BOARD OF
Dl.stY1Ct Attornev SUPERVISORS AND COUNTY ADMINISTRATOR
Sheriff-Coroner
Personnel
Hazardous Materials CoP,]II?, BY �'"` ,DEPUTY
M382/7-83
sanitary districts were predicated on no single jurisdiction having
a grossly disproportionate share of the first year funding. The
principle rationales for apportioning costs among individual cities
and sanitary districts respectively included a fixed cost component
and population distribution for cities; and distribution according
to volume of sewage flows among the sanitary districts .
Financing for the first year of the Strike Force operations would
be dependent on contributions obtained from the County (Health
Services in-kind) , cities and sanitary districts . We cannot
guarantee that subsequent costs would be offset by revenue received
from fines and penalties, especially in any one fiscal year. The
District Attorney's priority in case resolution is that the
defendant be ordered to correct the environmental violation. In
many cases, no additional funds are available for penalties to
offset prosecution costs . Even in the less frequent larger cases,
a steady cash flow is not predictable, because such cases often
take years to bring to resolution.
BACKGROUND AND REASONS FOR RECOMMENDATIONS:
The Environmental Crimes Strike Force is intended to enhance the
current public protection provided by the County Environmental
Health Division, the District Attorney's Office, sanitation
districts, fire services and law enforcement in both the
unincorporated territories of the county and within city
jurisdictions . There are no legal mandates to provide the
additional public services outlined above. We believe, however,
that the county, cities and sanitary districts have a shared
responsibility for setting hazardous materials/waste program
priorities, investigating suspected violators and prosecuting those
responsible for presenting significant public or environmental
health threats as a result of their mismanagement of hazardous
substances .
This Strike Force will supplement, not replace, existing
enforcement programs conducted by sanitary districts, city and
county regulatory agencies who currently implement field regulatory
programs . This Strike Force capacity would allow a proactive
approach to reducing incentives to violate environmental laws and
put the regulated community on notice that significant violations
will be aggressively pursued and prosecuted.
In the course of its efforts, the Environmental Crimes Strike Force
will coordinate local investigation and prosecution of the
following types of cases countywide:
o Follow-up significant violations noted in generator
inspections .
o Investigate and prosecute repeat violators .
o Investigate and prosecute significant violations of sanitary
district discharge regulations .
o Investigate and prosecute significant violations involving
discharges to creeks and channels .
o Investigate evidence in cases of midnight dumping.
o Investigate hazardous materials incidents for negligence,
manifest violations, equipment failure and financial
responsibility.
o Investigate negligent disposals of hazardous waste.
o Assist in investigation and prosecution of significant
pollution violations noted by local jurisdictions or Health
Services Department inspections .
o Make presentations to cities and sanitary districts, councils,
management and boards upon request concerning major incidents
o Provide advice, clarification and incident reviews to
commercial and industrial users .
o Assist cities and sanitary districts in reviewing codes,
regulations, and enforcement policy upon request
o Deputy District Attorney and core strike force staff will
provide training to sanitary district staff and other
enforcement agencies with regard to field investigation
techniques, evidence, chain of command, crime scene
preservation, etc.
In February 1988, the Hazardous Materials Commission directed the
Health Services Department to prepare a feasibility report
addressing the development and financing of a countywide strike
force capability in response to expressed concerns from members of
the Board of Supervisors and city councilpersons .
In March 1988 , the Health Services Department discussed the strike
force concept with several city officials and the sanitation
district managers association and received supportive responses .
These discussions concluded that a strike force should operate as
a countywide local government program.
To date, sixteen of eighteen cities have indicated their support
of the concept of the establishment of the Environmental Crimes
Strike Force and of their intent to participate/contribute to the
first year funding. The cities of Moraga and Pinole have declined
to participate in the county-wide Environmental Crimes Strike
Force.
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