San Luis Obispo County Health Agency Behavioral Health*

R1

To be fair and ensure compliance with health and safety codes, local CUPA officials should address all Class 1 pollution violations through formal enforcement procedures consistent with Cal/EPA and DTSC policies. Response: The recommendation will not be implemented because it is not reasonable. The current enforcement policy is fair and protects public health and the environment and ensures compliance. There is no basis in law or regulations to automatically issue an AEO for all Class 1 violations. Compliance is required for all Class 1 violations. Chronic non-compliance and particularly egregious violations will result in the use of formal methods of enforcement such as AEO's and referrals to the District Attorney's Office. All violations of a criminal nature will be referred to the District Attorney's Office. The County Board of Supervisors should monitor the local CUPA program on an annual. basis to assure the board the fines and permit fees are assessed at a level sufficient to assure that county general funds will not be required to sustain the program. Response: The recommendation will not be implemented because it is not warranted. Existing Board of Supervisor policies and budget monitoring practices will ensure that revenue from fees are set at a level sufficient to assure the County General Fund will not be required to sustain the program. As required by law, the amount of penalties will take into consideration the nature, circumstances, extent and gravity of the violation, the violator's past and present efforts to prevent, abate, or clean up conditions posing a threat to public health or safety or the environment, the violator's ability to pay and the deterrent effect of the penalty. Funding for the CUPA will not be a consideration when determining the amount of penalties. If compliance with State law and regulations is the goal of the CUPA, then it is expected that revenue from penalties will decline over time. If total funds being collected are insufficient to assure that the program is self-supporting, the Board of Supervisors should consider convening a task force to study the appropriate mix of fines and permit fees to assure compliance with hazardous material health and safety regulations. Response: The recommendation will not be implemented because it is not warranted. Revenue from penalties will continue to be used to subsidize fees. However, fees are now and will continue to be the primary source of funding for the CUPA.