Environmental Enforcement Seems Uneven: City Investigates Equity in Environmental Code Violations
John Geluardi, Berkeley Daily Planet, October 8, 2001

The City Council will hear an information report tomorrow from the city manager about what the Community Environmental Advisory Board calls selective enforcement of the city's environmental laws.

In light of what appears to be favorable treatment of city departments and large and influential businesses over smaller businesses, the CEAC has asked City Manager Weldon Rucker to establish a clear enforcement policy that would ensure equal enforcement of code violations.

The city manager's Chief of Staff Arrietta Chakos said that the commission and City Manager's Office are "of one mind" on the issue. She also said that a policy is currently in the works to spell out enforcement policies as well as include an educational element that will hopefully help all city businesses and agencies avoid unnecessary enforcement.

In 1997, Alameda County gave Berkeley enforcement authority to implement the California Health and Safety Code. That code enforcement is carried out by the Toxics Management Division of the Planning and Development Department.

In an October report, the CEAC said that some agencies and large businesses have been given excessive amounts of time to correct environmental code violations, while smaller businesses have been taken to court.

According to the report, the Department of Public Works and the Berkeley Unified School District have flouted repeated requests to comply with environmental regulations without any consequence. In addition, CEAC Commissioner L A Wood said in a letter to the Alameda County District Attorney that businesses like Bayer and the Berkeley Repertory Theater have also avoided regulation compliance while smaller businesses like Jettco, a transmission repair shop in west Berkeley, were prosecuted by the district attorney s office.

"The city's Public Works Corporation Yard has been violating storm water runoff regulations since 1995 and was only issued a Notice of Violation in May," Wood said. "That was after years of ignoring notices of corrective action."

Chakos agreed it is critical city agencies follow the same policies that it expects city businesses to follow.

"We want our own public works staff to make sure that we live by the same standards we enforce," she said.

Wood said that Berkeley Unified School District, especially Berkeley High School, has ignored health codes for nearly 10 years by not providing inventories of dangerous chemicals or disposal of hazardous materials.

Chakos said the health and safety code violations are beginning to be addressed since Michele Lawrence was hired as BUSD superintendent.

The CEAC composed a draft policy for the city manager to consider adopting. The first section of the CEAC draft policy described equal accountability.

"All agencies within the city are subject to environmental regulation on an equal and consistent basis. All entities within the city are expected to adopt and apply pollution prevention practices," it reads.

According to a October city manager's information report, city staff is working to adopt a citywide policy that is similar to the CEAC recommendation. "Equitable enforcement is one of the tools of proper environmental regulations and staff cognizant of the city's expectations," the report reads.