Community Environmental Advisory Commission (CEAC)
Re: Information Item Concerning Uniform Toxics Management Division (TMD) Enforcement of CUPA and non-CUPA Laws

Background:
At the Aug. Meeting the Commission passed a recommendation asking the chair to send a report to
the Council summarizing the results of 1) the CEAC meeting on TMD Enforcement, and 2) the 7/19/01
informal meeting between members of the Commission and Weldon Rucker, City Manager.

Report:
CEAC Commission members developed a consensus opinion that
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, and c) others

2. A strong City policy with regard to uniform enforcement of environmental law will be needed.

3. The Toxics Management Department needs the support of upper City management and the City Council if it is to do enforcement of environmental law equitably.

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

5. Disputes by a respondent over enforcement actions should adhere to the designated appeals process.
Attempts to bypass the process by appeals to parties outside the process are totally inappropriate.

6. Delays should not be used to manipulate or delay enforcement

7.That if no clear policy is forthcoming and implemented the following is likely to result:
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 CALEPA and/ or the District Attorney as a means of resolution.

Commissioners asked the chair to request an informal meeting with the City Manager to discuss the issue of Uniform TMD Enforcement of CUPA. Along with the request was sent a draft enforcement policy recommendation. The following is a summary of oral commitments made by the parties present at the July 19 meeting with the City Manager.

1. City Manager Rucker and Acting Planning Director Cosin stated that they were in agreement over the issue of uniform enforcement. There is no intention to either delay or avoid enforcement when necessary. CM wants Toxics to keep CM's office informed with regard to enforcement, especially in cases that could involve the Alameda County District Attorney. Toxics agreed to present Planning Director and CM with regular written notification of any formal enforcement. Toxics pointed out that it is important to respond quickly as some of the referrals would be of on-going violations with dumping of toxic chemicals into the environment.

2. CM is supportive of Toxics actions and would add his office in support of compliance, whether this is internal compliance or compliance by other businesses. To this end, the CM will ask Toxics to make
presentations to City Department heads regarding their CUPA obligations. The CM will also include a discussion of current enforcement issue on the 2x2 meeting with BUSD.

3. CM agreed that it would be better that the policy for commitment to environmental laws came from his office. He would review the draft enforcement policy presented by Commissioner Caseber on behalf of the Commission.