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Environmental Management Department recommending the Board consider the following:
1) Review the original case and settlement agreement (Attachment C and D) with American Gas owner and operator, Stefka Dmitrova; and
2) Approve and authorize the Chair to sign the new Settlement Agreement (B), prepared by County Counsel upon Environmental Management’s negotiation with American Gas for a reduced lump sum payment of fees owed.
FUNDING: Certified Unified Program Agency (CUPA) enforcement penalties are deposited into an account held specifically for such fees which fund the CUPA program for training and emergency response equipment.
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DISCUSSION / BACKGROUND
On June 12th, 2017, Environmental Management employee Matt Lewis, acting on behalf of CUPA’s Hazardous Materials Management Program, filed an Administrative Enforcement Order against respondent, Stefka Dmitrova, for violations pursuant to the authority of Health and Safety Code section 25404, at respondent’s business, American Gas Inc. Respondent filed a Notice of Defense and an Administrative hearing was held on December 7, 2017.
Prior inspections dating back to 2006 had delineated the same or similar violations, none of which had been sufficiently remedied and all of which were deemed to present a health and safety threat to the Environment and the Community. These violations fell within Health and Safety Codes 25299, 25299.7 and 25291 as well as California Code of Regulations Title 23.
Enforcement attempts were made prior to this Administrative Enforcement action via warnings and multiple agreements with the parties to make needed repairs and conduct necessary inspections. A former Administrative Enforcement Order was issued in April of 2016 following their non-compliance with said agreements. Respondent was found liable for $68,724 and the Department accepted a discounted penalty of $6,872 and $1,606 in Departmental costs. When the following inspection done by Matt Lewis in 2017 demonstra...
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