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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
Los Angeles County Grand Jury
• 2016-2017
Make Invsetments that Transform Lives
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 13 findings
F1
The Board of Supervisors has taken the first steps to address environmental oversight and monitoring by convening a task force to review oil and gas facilities compliance to regulations and requesting the Chief Executive Officer to prioritize needs in environmental health oversight and monitoring. The County will benefit from a environmental oversight and monitoring strategy that coordinates federal, state and county agencies responsible for environment oversight.
F2
The CGJ found that environmental experts we interviewed recognize health to be a factor that needs to be included in defining many regulations. Health risk enforcement requires the expanded role and authority for public health analysis in the permitting process of land-use planning, zoning, business license, and building permits. The DPH should participate in recommending health components in compliance regulations and participating in the approval process.
F3
Enforcement agencies have a need for more and better evidentiary data as described in the section Data and Monitoring.
F4
The CGJ found that there is a causal relation between the conditions of “bad toxin contamination” and “bad health”. Pollution has had negative health impacts on groups of residents and is likely to have further health impacts on larger groups if it is not corrected.
F5
The myriad of federal, state, and local regulatory agencies have compartmentalized authority be air, water or soil resulting in a silo approach to enforcement. Enforcement authority within the County is mostly uncoordinated but the DPH is trying to change that. The DPH is piloting a promising model that identifies high health risk areas using CalEnviroScreen data, identifying clusters industrial facilities that use or generate similar toxin materials. It then conducts inspection with the appropriate County, State or Federal partner agencies. A recent example of action taken by the DPH pursuant to Section 11.02.190 of the Los Angeles County Code, they exercised its’ authority to abate operations of an industrial facility that endangered public health by emitting hexavalent chromium in the city of Paramount.
F6
The CGJ found that communities disproportionately burdened by multiple sources of pollution are primarily of color, have low incomes and are under-served66, although risk to toxic exposure cuts across all levels of society and income. Overburdened communities sense a lack of environmental justice when they compared the government response times between the Porter Ranch gas leak and the Boyle Heights lead contamination. Professionals that were interviewed by the CGJ say that the public and community groups have lost trust in government agencies. Su, Jason G., etc. all. An Index for Assessing Demographic Inequities in Cumulative Environmental Hazards with Application to Los Angeles, CA. Environmental Science and Technology. 2009:43. 7626-7634 72 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT
F7
The CGJ found that citizens needing to report toxic conditions affecting them had to navigate through a maze of government agencies to find the correct department with the right regulatory authority to take action. Because enforcement is fragmented by toxin or jurisdiction there currently is no central place to direct citizens to the proper regulatory authority.
F8
Environmental justice community based organizations (CBOs) provide a counter balance to industry and government agencies. Through their investigative work and extensive local knowledge, they provide evidentiary environmental data and speak on behalf of people who live and work in high health risk communities. CBOs have views and recommendations and they need to be heard and given the opportunity to be a stakeholder partner with governmental agencies.
F9
The opportunity to provide environmental justice to the 28 gateway cities is dependent on the outcome of the proposed I-710 Corridor Environmental Impact Report (EIR). The EIR review is scheduled to be completed in the spring of 2018. Several alternative plans in the EIR require the use of zero emission trucks. These trucks would be powered by electric motors or will receive electric power while traveling along the freight corridor via an overhead catenary distribution system.
F10
Residential building permits continue to be issued regardless of scientific data near roadways. Studies show higher incidents of respiratory illness such as asthma and cancer for people living within 300 feet of freeway. A 2012 report from the SCAQMD estimated 1 million people live within 300 feet of a freeway.
F11
Repeatedly, the CGJ heard from environmental subject experts and received evidence that confirms the SCAQMD environmental assessment of the Ports of Los Angeles and Long Beach. “The twin ports of Los Angeles and Long Beach are the largest in the nation as well as the single largest fixed source of air pollution in Southern California”.
F12
With regards the goods movement industries, Los Angeles County does not receive tax benefit from 40% of goods transported from the San Pedro Bay ports destined for sale outside of the County. However, the County receives the burden of pollution, costs for road repair and detrimental health risks.
F13
Scientists and researchers use the Mates and CalEnviroScreen systems at Occidental College Urban and Environmental Policy Institute expressed their need for greater precision and transparency of the data. To the extent that a full capabilities system as described above is not immediately feasible, the system should be designed so that it maximizes capabilities that are currently feasible and is extensible to increased capabilities as they become feasible. 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 73 V
Recommendations 12
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R1Page 77The BOS should adopt the framework described within the document Environmental Oversight and Monitoring: Building Capacity to Address Environmental Health Threats proposed by the Los Angeles County Department of Public Health (DPH) in December 2016.
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R2Page 77The CEO should adequately fund the needed improvements to County preparedness, response and recovery efforts outlined in the DPH proposed environmental oversight and monitoring program titled Building Capacity to Address Environmental Health Threats.
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R3Page 77The County of Los Angeles Department of Regional Planning in collaboration with DPH should revise land-use plans and zoning code as necessary to implement environmental health prevention measures.
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R4Page 77The CEO in collaboration with DPH should review and propose revision of the regulatory authority for the DPH with regard to business licensing and building and safety permitting related to industries or projects handling toxin elements.
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R5Page 77The BOS should implement a system that provides measured pollution data, accesses, records, creates warning alarms, and reports the levels of environmental pollution throughout the County in real time.
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R6Page 77The DPH should conduct a regular occurring forum of County, State, and Federal environmental oversight agencies and other interested parties to include Community-Based Organizations.
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R7Page 77The DPH should create an Environmental Pollution Ombudsman function. This Ombudsman function would provide a single point of contact between any person believing they are experiencing an environmental pollution event and a County entity able to take immediate, informed action to document and investigate the facts of the event and resolve it.
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R8Page 77The DPH should establish the scripting to enable “211 LA County” call center representatives to make referrals to the appropriate group within DPH.
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R9Page 77The DPH should implement a case management system to track case incident reports of suspected hazardous environmental air, ground or water conditions and make the system visible to the public.
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R10Page 77The CEO should assign a County office with the responsibility to prepare and conduct grant writing training to CBO’s focused on environmental justice. Training should enable CBO’s to solicit grants from local, State, or Federal programs for their local environmental pollution research projects. 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 73
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R11Page 77The BOS should annually conduct an environmental justice grant competition for each of the supervisors’ district open to community based organizations.
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R12Page 77The BOS should select a zero emission design for the I-710 Corridor Project as the best option to protect people from pollution who live and work in proximity of the I-710 corridor and set a new standard for similar future development. VI REQUEST FOR RESPONSE California Penal Code Sections 933(c) and 933.05 require a written response to all recommendations contained in this report. Such responses shall be made no later than ninety (90) days after the CG\ publishes its report (files it with the Clerk of the Court). Responses shall be made in accord with Penal Code Sections 933.05 (a) and (b). All responses to the recommendations of the 2016-2017 Civil Grand Jury must be submitted on or before September 30, 2017, to: . Presiding Judge Los Angeles County Superior Court Clara Shortridge Foltz Criminal Justice Center 210 West Temple Street Eleventh Floor-Room 11-506 Los Angeles, CA 90012 Responses are required from: Responding Agency Recommendations Findings County of Los Angeles Board of 6.1, 6.5, 6.11, 6.12 6.1, 6.3, 6.8, 6.9 Supervisors Los Angeles County Chief 6.2, 6.4, 6.10 6.1, 6.2, 6.5, 6.8 Executive Office Los Angeles County Department 6.6, 6.7, 6.8, 6.9 6.5, 6.7, of Public Health Los Angeles County Department 6.3 6.2 of Regional Planning 74 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT VII ACRONYMS Basin South Coast Air Basin BOS Los Angeles County Board of Supervisors CBO Community Based Organization CE Cumulative Effect CEO Chief Executive Office CGJ 2016-2017 Los Angeles County Civil Grand Jury DOGGER State Department Oil, Gas and Geothermal Energy Resources DPH Los Angeles County Department of Public Health DTSC State Department of Toxic Substance Control EIR Environmental Impact Report EPA U.S. Environmental Protection Agency HC Hexavalent Chromium PPM Parts Per Million TFD Torrance Fire Department USC University of Southern California VIII COMMITTEEE MEMBERS Henry C. Guerrero Chair Douglas Benedict Thomas Kearney Sharon Muravez 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 75