Sacramento County Environmental Management Department

REASON FOR INVESTIGATION

A complaint alleged that an employee of the Sacramento County Environmental Management Department (SCEMD) Local Oversight Program worked as a private consultant for site owners while overseeing the clean-up of underground storage tanks sites located in Sacramento County.

BACKGROUND

The Local Oversight Program (LOP) works with responsible parties, usually the site owners, during the removal and clean-up of contamination caused by petroleum underground storage tanks (UST). Formerly administered by the State of California, by 1986 the state-operated program was backlogged and experiencing difficulties working with site owners. Between 1986 and 1991, the county gradually assumed responsibility for overseeing all sites in Sacramento County.

The Local Oversight Program assigns a county employee, called a LOP Regulator, to oversee and assist responsible parties during the often long and expensive environmental clean-up. Until January 1, 1997, the LOP regulators sometimes assisted responsible parties with the application for state trust funds.

To help with clean-up expenses, a state trust fund was established for eligible parties. Funded by a surcharge on the sale of petroleum products, the state trust fund reimburses responsible parties for certain clean-up costs. Though financially beneficial, application for these funds added another administrative complication. Since the first of this year, the cost of paying a private consultant for application assistance is a cost that may be reimbursed by state trust funds. As a result, such services are no longer offered by county employees.
The county program is entirely funded by user fees. Results of a survey of customers served by SCEMD indicate a high level of satisfaction with the program

PROCEDURES FOLLOWED

The Grand Jury held interviews with county staff and site owners and reviewed the county Conflict of Interest Policy and other pertinent documents.

FINDINGS

1. SCEMD policy prohibits LOP regulators from working as private consultants for owners of sites located in Sacramento County or for county residents with sites located outside of Sacramento County.
2. No evidence was found to substantiate any allegations against the county employee.
3. Site owners interviewed commended the Local Oversight Program for providing a more accessible source of information and assistance.

CONCLUSIONS

1. The allegations made in the complaint were unsubstantiated. Contrary to the allegations, the citizens served by the SCEMD and the named staff person repeatedly voiced great appreciation for the assistance provided.
2. During the investigation, the Grand Jury noted the complexity and length of the process.

RECOMMENDATIONS

The Grand Jury recommends that SCEMD develop a clean-up schedule describing the anticipated events and estimating the time line and costs. This could be accomplished by a pamphlet or booklet which includes a worksheet, anticipated costs, obstacles, and other information.

RESPONSE REQUIRED

The Penal Code requires response to the recommendations contained in this report be submitted to the Presiding Judge of the Sacramento Superior and Municipal Courts by September 30, 1997, from:
Sacramento County Board of Supervisors