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Uniform Enforcement of CUPA AND NON-CUPA ENVIRONMENTAL LAWS
BY THE TOXICS MANAGEMENT DIVISION

Agreement between the City Manager regarding the support and adoption of a policy to implement all enforcement of environmental laws at the Toxics Management Division in a uniform and consistent manner.

POLICY City of Berkeley Commitment to Environmental Protection.
It is the policy of the City of Berkeley that every Department shall not only comply with environmental regulations but also strive to achieve excellence in environmental protection.

  • All entities within the City are subject to environmental regulations on an equal and consistent basis. All entities within the City are expected to adopt and apply pollution prevention practices.
  • Each City department shall establish and constantly improve on communicating, promoting and distributing environmental protection practices and information;
  • The City will promote and provide support to local pollution prevention programs;
  • Each department will achieve measurable goals for environmental compliance and review goals regularly;
  • The City will ensure that line management, inspectors and permit staff promote environmental
    compliance and established pollution prevention practices during routine activities;
  • Each department should improve environmental compliance and pollution prevention efforts, so as to achieve better overall environmental results and minimize the unwanted shift of pollutants between environmental media; and
  • The City will develop both detailed technical and broad-based materials (fact sheets, checklists, brochures, videos, technical reports, etc.) that support pollution prevention efforts.

BACKGROUND:
There is a desire on the part of commissioners to inform City Council of an agreement reached between the City Manager’s office and the CEAC.

On Friday July 13th, the CEAC subcommittee met to discuss the issue of communication between departments and application of the law in a uniform and consistent manner. We heard from Vice Chair Wood on various examples of projects where the environmental regulations were not applied uniformly. In particular, City departments, City projects and powerful organizations appear not to be subject to the same enforcement as other businesses. For example, we heard from the Deputy Public Works Director, Patrick Keilch, and L A Wood regarding how storm water violations have gone uncorrected at the Corporation Yard for over five years.

Also, the Berkeley Unified School District has been in violation of state codes (Community Right to Know and Hazardous Waste Laws) for over ten years. It was only recently, and with the oversight of the CEAC, that the TMD has taken more aggressive enforcement actions. This followed a complaint last year by Wood to the District Attorney for lack of enforcement on a separate project.

1. Inequities exist in enforcement of CUPA and non-CUPA laws with regard to: a) City Departments, b) City projects, c) large and influential Berkeley businesses and developers, d) others.

2. A strong City policy with regard to uniform enforcement of environmental law will be needed. The first step is a clear statement from the City Council and the City Manager that these matters must be handled by the Toxics Management Division (TMD) in accordance with the laws under which Berkeley operates and with the mandated appeals process already spelled out in the law and in various agreements with state an county agencies. The effect of such a pronouncement would be to raise consciousness within the City administration and in the community at large that the protection of our environment and our health and safety is a matter of importance.

3. The TMD needs the support of upper City management and the City Council if it is to enforce environmental law equitably. Regular meetings between TMD and City Management to discuss enforcement issues would seem to be in order.

4. The CEAC should be involved in its usual advisory capacity to the City Manager and the City Council.

5. As mentioned in its charter, the CEAC should receive monthly reports on enforcement actions, especially on those for which there could be an internal conflict.

6. Disputes by a respondent over enforcement should adhere to the designated appeals process. Attempts to bypass or delay the process by appeals to parties outside the process are totally inappropriate. When such interventions prevent the enforcement of rules to which the City has formally agreed, such as the January 1997 CUPA agreement, Berkeley becomes vulnerable to losing control over its own enforcement procedures and may be decertified as a CUPA.

7. Members of the CEAC met with the City Manager prior to going to the Council, and he expressed a wish to develop a policy of his own on the subject of enforcement of environmental laws by TMD.

8. That if no clear policy is forthcoming and implemented: a) problems with enforcement are likely to continue, b) Berkeley could be in danger of losing its CUPA status, c) members of the public will take the matter to California Environmental Protection Agency (CALEPA) and the Alameda County District Attorney as a means of resolution.

City of Berkeley Toxics Management Division (TMD)
(Certified Unified Program Agency)
2118 Milvia Street, Suite 200, Berkeley, CA 94704
http://www.ci.berkeley.ca.us/toxics/
TEL: (510) 981-7460, TDD: (510) 981-7474,
Email: toxics@ci.berkeley.ca.us

Berkeley's CUPA (Certified Unified Program Agency)

Additional Issues of City TMD Regulation
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