BOARD MEETING DATE: March 5, 2010
AGENDA NO. 22

PROPOSAL:

Revised Guidelines for Supplemental Environmental Projects Included in Enforcement Settlement

SYNOPSIS:

This item is to advise the Board that guidelines for Supplemental Environmental Projects (SEPs), which are alternatives to monetary penalties collected by the Prosecutor’s Office, are being revised.

COMMITTEE:

Administrative, February 12, 2010, Presented

RECOMMENDED ACTION:

Receive and file this report.
 

Background

This is to advise the Board that the District Prosecutor’s Office is revising its guidelines regarding the use of Supplemental Environmental Projects (SEPs.) Generally, SEPs will still be consistent with CalEPA’s recommended criteria. However, the new guidelines provide increased flexibility for SEPs in limited cases. Specifically, the revised guidelines permit settlements consisting of 100% SEP in cases involving government agencies, non-profit organizations, charities, schools and health care facilities. In addition, the new guidelines allow the use of projects designed to enhance public awareness of air quality issues, potential health impacts and suggested clean air solutions. Finally, the guidelines state that if the source fails to comply with the terms of a SEP, the source must pay a specified monetary penalty. If the source fails to comply with the SEP or to pay a specified monetary penalty, the District may either declare the entire agreement null and void and seek the maximum civil penalties authorized by law for the underlying violations, or file a lawsuit seeking the full value of the SEP.

Proposal

Receive and file

Resource Impacts

None

Attachment (DOC, 31k)

Attachment A - DPO’s Guidance on Supplemental Environmental Projects

Attachment (DOC, 25k)

Errata Sheet