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File #: 10941   
Type: Consent Status: Passed
File created: 9/27/2024 Department: Multijurisdictional Items
On agenda: 10/8/2024 Final action: 10/8/2024
Subject: 2023-24 Annual Report for Settlement Agreements Associated with Administrative Enforcement Orders
Attachments: 1. EXH-MULTI-100824-CUPA Settlement Agreements, 2. Item #51 Executed BAI

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS

OF THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

AND RECORD OF ACTION

 

October 8, 2024

 

FROM

DAN MUNSEY, Fire Chief/Fire Warden, San Bernardino County Fire Protection District 

         

SUBJECT                      

Title                     

2023-24 Annual Report for Settlement Agreements Associated with Administrative Enforcement Orders

End

 

RECOMMENDATION(S)

Recommendation

1.                     Acting as the governing body of San Bernardino County, accept receipt of the 2023-24 Annual Report summarizing all Settlement Agreements executed by the San Bernardino County Fire Protection District on behalf of San Bernardino County as the Certified Unified Program Agency.

2.                     Acting as the governing body of the San Bernardino County Fire Protection District, accept receipt of the 2023-24 Annual Report summarizing all Settlement Agreements executed by the San Bernardino County Fire Protection District on behalf of San Bernardino County as the Certified Unified Program Agency.

(Presenter: Dan Munsey, Fire Chief/Fire Warden, 387-5779)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Improve County Government Operations.

Operate in a Fiscally-Responsible and Business-Like Manner.

Provide for the Safety, Health and Social Service Needs of County Residents.

Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.

 

FINANCIAL IMPACT

Acceptance of this report will not require the use of Discretionary General Funding (Net County Cost) as there are no costs associated with the receipt of this annual report.

 

BACKGROUND INFORMATION

On July 26, 2022 (Item No. 63), the Board of Supervisors of San Bernardino County and the Board of Directors of the San Bernardino County Fire Protection District (Boards) approved a Stipulation and Order Settlement Agreement template and a Consent Order Settlement Agreement template associated with Administrative Enforcement Orders (AEO) issued by the San Bernardino County Fire Protection District (SBCFPD) on behalf of San Bernardino County (County) as the Certified Unified Protection Agency (CUPA), from July 26, 2022, through June 30, 2027.  AEOs are a formal means of enforcement of hazardous materials laws and regulations and are used primarily to address the failure of a business to disclose hazardous substance and waste inventory on premises and are an alternative to civil or criminal prosecution when a violator does not respond to a notice to comply. The goals of the AEO are to return a facility to compliance with hazardous materials laws and regulations in a timely manner and to deter future non-compliance.  The Boards also directed the County Fire Warden, the Deputy Fire Warden, the Fire Marshal, or the Deputy Fire Marshal to present an annual report summarizing all executed Settlement Agreements for receipt by the Boards.

 

Approval of the recommended actions will accept receipt of the Annual Report (Exhibit A) summarizing all Settlement Agreements executed by SBCFPD on behalf of the County as the CUPA during 2023-24.  Exhibit A identifies the following:

 

Violations

Cases Completed

Amount Received

California Electronic Reporting System

4

$1,500.00

Aboveground Petroleum Storage Act

2

$500.00

California Electronic Reporting System and Aboveground Petroleum Storage Act

4

$66,526.50

Underground Storage Tank

3

$115,954.00

Total Settlement Agreements

13

$184,480.50

 

All 13 executed Settlement Agreements had penalty assessments of $100,000 or less.  The proceeds of these Settlement Agreements were received and deposited in a designated hazardous materials fund and will be used to fund activities of the CUPA in enforcing hazardous materials laws and regulations.

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Richard Luczak, Deputy County Counsel, 387-0226) on September 16, 2024; Finance (Ivan Ramirez, Administrative Analyst, 387-4020) on September 17, 2024; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on September 23, 2024.