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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10238
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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I have few California Environmental... I have few California

Customer Question

I have few California Environmental...
I have few California Environmental Health Law questions, do any one of you know rules and regulation about the Alameda County Environmental enforcement issues ?? I have been issued " Administrative Enforcement order 15-16-08 Violation of Chapters 6.7 & 6.95 of the California Health and
Submitted: 5 months ago.
Category: Business Law
Expert:  CalAttorney2 replied 5 months ago.

Dear Customer,
While I do not have experience working with the Alameda County Division, I do have information that will likely be of assistance to you.

As you may be aware, the California State Water Resources Control Board oversees many of these programs in conjunction with local bards. The state website has more information available to the public (including enforcement guides and historical enforcement action, there is even a spreadsheet in which you can enter the size of the container(s) in gallons, the length of the violation, and other factors and it will give you a calculated penalty).

You can find the state website here: http://www.waterboards.ca.gov/water_issues/programs/enforcement/index.shtml

I can tell you with experience from working with these regulatory agencies that if the penalty is significant (meaning it is more than you can afford to pay or comply with (if I read your enforcement statute correctly this is an underground tank violation), then you may want to consider retaining a lawyer to represent you (this is more of a "delaying action" than entirely avoiding liability).

An attorney may also be able to help identify other potentially liable parties (with many of these hazardous material cases (such as underground tanks), prior property owners can also be held liable, which can help shift the economic burden of these enforcement actions. But you really need legal counsel to help with this part of it.

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