Friday, 29 April 2011 06:26

Amador Supervisors respond to a draft letter from California EPA

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slide1-amador_supervisors_respond_to_a_draft_letter_from_california_epa.pngAmador County – The Amador County Board of Supervisors directed staff to answer a letter from the California Environmental Protection Agency Tuesday, regarding an evaluation of the county’s the county’s “Certified Unified Program Agency.”

Chairman John Plasse said he wanted to “let them know we’re not just going to roll over” regarding an evaluation Cal-EPA made after a February visit to the Environmental Health Department. Cal-EPA evaluated “whether the Unified Program is being implemented in Amador County in a manner consistent with applicable laws and regulations,” and Supervisors this week discussed a draft letter by Plasse commenting on the evaluation.

Plasse said one comment by Cal-EPA appeared to be personal opinion, rather than legal requirements, and another was a “misleading and false” statement.

Plasse said Deficiency 4 stated that the county does not make unannounced inspections, but it is not a legal “requirement that inspections be unannounced.” Israel said he would “continue to hammer” the state on that issue. Plasse said he thought inspection was to achieve compliance, not to find violation, otherwise it would be an investigation.

In “Deficiency 4,” Cal-EPA wrote that to date, the Board of Supervisors has “not approved any formal enforcement cases and, according to the CUPA, reject any monetary sanctions against serious and/or recalcitrant businesses.”

Plasse wrote that it was misleading because Amador’s Unified Program “has brought no such cases before the Board.” He said it is also false because “Supervisors, both collectively and individually, do not reject the imposition of monetary sanctions against entities regulated under the Unified Program, and have never expressed that opinion.”

Plasse pointed out “Preliminary Corrective Action number 4,” required Amador County to revise its Unified Program by a certain date “to fully implement its enforcement program without interference from the Board of Supervisors.” Plasse said he found it highly inappropriate to have the agency imply that Supervisors were somehow “meddling” in their own Health Department.

Public Health Director Mike Israel said it had been many, many years since a complaint had been received, and it went to a committee, not the full board.

Supervisor Richard Forster asked Israel to check with his team that worked with Cal-EPA and see if they got that idea from them. Supervisors Ted Novelli, Brian Oneto and Louis Boitano also agreed they should find the source of the Cal-EPA’s comments.

Forster said: “Your department needs to be speaking to Cal-EPA with one voice,” and “your analysis needs to determine if Cal-EPA was making statements or if he was given this information.” Forster also demanded removing a reference to legal action.

Supervisors directed Administrative Officer Chuck Iley to revise the letter, review it with Plasse, and send it in a timely manner.

Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.

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