News - Local

Sunday, Jul. 05, 2009

Environmental Health Division: Pollution fines decline in San Luis Obispo County

Civil grand jury says fewer investigations and less money collected may result in shortage of funds

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The county’s Environmental Health Division is investigating fewer alleged violations and collecting less money in fines, and may need to seek dollars from the county’s general fund, according to a civil grand jury report.

In addition to the decline in revenue, the more serious pollution violations are not being treated equally by the local official in charge, the grand jury said.

The panel attributed the shortcomings in part to the environmental health services director’s legal ability to reduce heavy fines mandated by a state formula.

It did not identify specific pollution cases.

Environmental Health Director Curt Batson wrote in an e-mail to The Tribune that it would be premature to reply in detail.

However, he said the county has achieved compliance with health and safety codes relating to facilities that store or generate hazardous materials and wastes.

In its jargon-laden report released last week, the grand jury explains that the California Environmental Protection Agency authorizes fines for violations of county environmental regulations.

Those fines are to be levied by the county’s Environmental Health Services Certified Unified Program Agency.

State environmental laws are intended to protect clean air, water and soil, as well as ensure less-harmful pesticides.

It does that in part by fining polluters.

The fines are generally dictated by a state formula, but the local officer can reduce or eliminate a fine “at his own discretion.”

The grand jury did not name that officer.

San Luis Obispo County has greatly reduced fines during the past five years, the grand jury wrote.

In 2003, for example, the county originally assessed fines for five serious cases at $13.5 million. The amount ultimately collected was $100,000.

In 2005, the grand jury continued, the fines for 10 serious cases totaled $38.3 million and the amount collected was $120,000.

Some of the higher fines, the grand jury noted, did not take into account the ability of the violator to pay.

A corner grocery store facing a $13.7 million fine in 2006, for example, paid $5,000.

In another case, a food mart originally fined $1.9 million settled for $156,000.

In 2008, the enforcement division underwent staff changes, and enforcement actions “declined significantly,” the grand jury wrote.

Last year, three cases involved fines of $67,622 and brought in $41,922.

“The policy has been to assess the minimum penalty necessary to assure compliance and protect the public health,” according to the grand jury report.

The grand jury also alludes to a Cal/EPA report suggesting the county is not carrying out state policy because it does not initiate enforcement actions for all Class I or serious violations.

The dwindling dollars have drawn down the reserve the county uses to pay for the enforcement program, the grand jury wrote, and might cause that fund to run dry.

To ensure fairness, the grand jury said, those administering the local environmental health enforcement program should adhere to Cal/EPA and Department of Toxic Substances Control policies.

The grand jury also recommended that the county Board of Supervisors monitor the local program to keep it from dipping into the general fund.

The 19-member county civil grand jury, composed of citizen volunteers, investigates complaints about county government.

Its recommendations are not binding, but the departments it investigates must file a formal response with Superior Court.

The current grand jury ended its term June 30, releasing eight reports simultaneously.