Volume 18 Number 1
July 2005
Administrative Enforcement Orders (AEO's)
The Orange County Certified Unified Program Agency (CUPA) is
mandated to implement the Hazardous Waste Control Law, the Hazardous
Materials Disclosure Law and the Underground Storage Tank Law pursuant to
Section 25401(c) of the Health and Safety Code. These laws require a CUPA
to inspect each business that generates hazardous waste and/or stores
hazardous materials on-site or in a storage tank to ensure that the hazardous
materials are managed, stored, and disposed of in a manner specified by law.
While it is our goal to obtain compliance at each business through
education and inspection oversight, there are times when enforcement actions
are necessary to achieve compliance and correction of violations.
All Unified Program Agencies are authorized under the Health and
Safety Code Section 25404.1(a)(3)(B) to
issue enforcement orders that specify
schedules for compliance or correction and to impose an administrative
penalty for serious violations.
The goal of an Administrative Enforcement Order is to return a facility to
compliance in a timely manner, eliminate the economic benefit of
non-compliance and create a deterrence against
future non-compliance. Each CUPA is required to include and implement
Administrative Enforcement Order procedures within their CUPA Inspection and
Enforcement Plan, and to take formal enforcement actions against serious
violations as specified under the Health and Safety Code.
The first step in this process is usually the issuance of a show cause letter
detailing the specific facility violations, and followed by a meeting between
facility representatives and the CUPA to discuss and agree upon compliance schedules and penalties.
If unsuccessful, the CUPA or administrating agency will issue a
Unilateral Order, which is a directive to the business to change or modify its
practices, to comply with the statute or
regulation in question. The business will then
have the option to comply with the order or to request a hearing before an
Administrative Law Judge. The CUPA began implementing this new process on February 1, 2005.
If there are serious violations noted at your facility that remain out of
compliance with the above referenced Chapters of the Health and Safety Code,
you may be subject to the Administrative Enforcement Order procedure.
Please contact CUPA staff at (714) 433-6000 if you have any questions regarding
the AEO process.
Paul and Anne Oh, owners of C&H Cleaners, have been in the dry cleaning business for over 20 years. In keeping with
the times of environmentally conscious operators and the upcoming phase out of "Perc" from this industry, they have
converted their operation to an all CO2 cleaning facility. According to SailStar USA, manufacturer of liquid CO2 dry
cleaning machines, "the CO2 used in the SailStar cleaning process is a recyclable solvent drawn from the atmosphere. This
solvent is non-toxic, non-flammable, and water-soluble with no residual odor." C&H converted to the new CO2 system in
April and is hoping to increase their business once word gets out about their new process. C&H Cleaners is located at 2231
N. Harbor Blvd., Fullerton, CA.
What's New?
www.occupainfo.com
For direct access to CUPA information and forms visit our new website.
Pollution Prevention (P2) Week Celebration
Take a break from pollution! Join us on September 22nd in front of the county's Hall of Administration building in the Civic
Center Plaza, Santa Ana. For more information contact Christine Lane at (714) 433-6243.
Business Assistance Workshop
A hazardous waste/tiered permitting workshop is being held on November 9th from 8a.m. to 1p.m. at the Conference & Training
Center at Irvine City Hall. For more information contact Christine Lane at (714) 433-6243.
Attention UST Owners and Operators
All secondary containment testing must be completed by December 31, 2005 and conducted every three years thereafter.
Update on Training Requirements for UST
Professionals
Here is a brief summary of recent deadlines for Underground Storage Tank (UST) Professionals that are a result of
the training regulations found in Title 23, Chapter 16.
Designated UST Operator (DO)
The DO must provide initial on-the-job training to facility employee(s) by July 1, 2005. A facility employee means
an individual who is employed on-site at an UST facility, and who may be called upon to respond to spills, overfills, or
other problems associated with the operation of the UST system. The training must include, but is not limited to:
· The operation of the UST system in a manner consistent with the facility's best management practices.
· The facility employee's role with regard to the monitoring equipment as specified in the facility's monitoring plan.
· The facility employee's role with regard to spills and overfills as specified in the facility's response plan.
· The name of the contact person(s) for emergencies and monitoring equipment alarms.
Documentation of the training must be available for inspector's review at annual UST inspections and the training must
be conducted annually. New hires must be trained within 30 days of the hire date. The DO must also be performing
monthly visual inspections and record results on an inspection report, which must be provided to the owner/operator and
available for inspector's review.
UST Service Technician
The Service Technician must possess or work under the direct and personal supervision of an individual physically
present at the work site who possesses a current "California UST Service Technician" certification issued by the
International Code Council (ICC) by July 1, 2005. The Certification must be renewed every 24 months.
UST Inspector
The UST Inspector must possess a current ICC "California UST Inspector" certification by September 1, 2005.
The certification must be renewed every 24 months. New inspectors must possess an ICC certificate within 6 months from
the date of hire.
Used Oil Bottle Recycling—Cleaning Up Our Trash
In California more than 50% of used motor oil is NOT recycled. Used oil that does not get recycled can unfortunately end
up in our rivers, creeks, groundwater, and oceans. Not only that, but residual oil left in oil bottles can seep through trash in
landfills and ultimately contaminate groundwater. Used motor oil can contain toxic substances such as benzene, lead, zinc, and
cadmium.
The County of Orange Used Oil Recycling Program is pleased to announce the beginning of its used oil bottle recycling project.
The project began in May at two Kragen Auto Parts stores, which are certified used oil recycling locations; one in Stanton,
and the other in Tustin. Both locations generate large amounts of oil bottles from "do it yourselfers" that bring in used motor oil,
then dump the empty bottles in the trash. If you would like more information about the used oil bottle recycling project please
contact Howard Mayo at (714) 433-6245.
Newport Harbor Clean & Green Campaign
In the fall of 2003, the County of Orange Environmental Health Division's Used Oil Recycling Program began researching
the need and feasibility of creating a free bilge pad
exchange program for the Newport Harbor. In its initial efforts, a pilot
location was identified at one of three fuel docks situated on the harbor. In surveying the results of the research and pilot study,
the following areas of concern regarding boats/boaters were identified:
- Oil spills or engine oil leaks occur inside the hull, typically ending up in the bilge. This oil is usually disposed of by
one or a combination of the following methods:
- Pumped directly into the harbor
- Pumped into a sanitary sewer pump station
- Wiped up with rags, which are disposed into the trash where the oil can leak out
- Boaters clean their bilge with detergents and then discharge the waste into the harbor under the mistaken belief that
oil is gone if it is entrained in the detergent.
Due to the above identified problems associated with oil releases, we have developed a free oil/bilge pad exchange
program for Newport Beach Harbor. Bilge Pad Exchange locations: Newport Dunes Marina, Hill's Boat Service, Island Marine
Fuel, and Newport Landing Fuel Dock.
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