Policy Statement
The University of California, Berkeley (“the campus”) will protect the environment, enforce environmental regulations, and take appropriate actions, including possible legal action, against violators through the UC Berkeley Environmental Enforcement Code (“Environmental Code” or “Code”).
The campus retains all rights to impose legal enforcement actions against violators of the Environmental Code, including involving regulatory agencies and/or University Police (UCPD) when violations warrant citation or treatment as a criminal case.
Scope of Policy
This policy applies to everyone at UC Berkeley.
Why We Have This Policy
The provisions of the Environmental Code are adopted for the purpose of enforcing federal, state, and local environmental rules and regulations on all grounds or properties owned, operated, or controlled by the Regents of the University of California and administered by the Berkeley campus. The policy requires the University to conduct investigations of environmental releases, and where appropriate, to obtain technical or monitoring reports from any person suspected of having caused an environmental discharge.
This policy, along with the related Code and regulations, establishes the duty of University of California Police Department (UCPD) sworn peace officers to enforce the Code, to issue citation(s) to or to detain violators, and to refer environmental criminal cases to the county District Attorney’s Office as appropriate.
Procedures
In the event of a suspected illicit discharge, immediately contact Environment, Health & Safety (EH&S) at 510-642-3073 or the UCPD at 610-642-6760. In many cases, the UCPD may be the first unit to arrive on scene; if so, the UCPD should contact EH&S for additional support. If the UCPD is not already on scene, the EH&S responder(s) will contact the UCPD dispatcher or watch commander to determine whether the incident will be treated as a criminal case. In making this determination, EH&S and the UCPD will gather information from affected staff, project managers, contractors, and others as appropriate.
In response to environmental violations, the campus may take action in various forms. Depending on the severity and conditions of the incident, these actions may include:
- Issuing a Notice to Comply (NTC);
- Issuing a Notice of Violation (NOV);
- Issuing formal enforcement orders;
- Issuing an informal enforcement action;
- Issuing a citation;
- Detaining and arresting suspected perpetrators.
Environmental agency costs, fees, fines, and taxes charged to the campus will be recharged to departments and outside entities responsible for the unlawful environmental release. At times, EH&S staff may charge for their work on such incidents, as authorized by the UC Controller’s Office: http://budget.berkeley.edu/recharge-information.
Where a contractor is determined responsible for the incident, the campus department employing the contractor will be recharged for any costs not recovered from the contractor or their insurer.
Responsibilities
Everyone on University Property:
Everyone on the UC Berkeley campus is prohibited from discharging or creating a condition threatening discharge of waste on campus. Everyone on the UC Berkeley campus will additionally be responsible for reporting an environmental incident to UCPD or EH&S if observed or caused directly. Environmental incidents that require reporting are defined in the Code.
EH&S:
- Notify in a timely and appropriate manner the applicable governmental agency or agencies having regulatory jurisdiction over an incident.
- Evaluate environmental impacts, assist with initial cleanup (possibly involving the EH&S Dedicated Urgent Response Team), and communicate with affected parties, stakeholders, and public agencies.
- For large illicit discharges, involve outside contractors and other campus units (including the Office of Emergency Management, Public Affairs, Community & Government Relations, and Risk Services) as necessary.
- If the environmental impact appears to be the result of a deliberate illicit discharge or negligence, inform UCPD that the incident may need to be treated as a criminal case.
- Sign a private-persons arrest if EH&S staff members personally witness the offense.
UCPD:
- Enforce the Environmental Code.
- In consultation with EH&S when Code violations may be unclear, utilize Penal Code or Fish and Wildlife Code Offense Numbers when issuing citations or detaining suspects, as summarized in the Environmental Code.
Risk Services:
- Coordinate insurance claims and cost recovery.
- Arrange for outside contractor support if necessary.
Consequences of Violating This Policy
Faculty, staff, and students may be disciplined under appropriate policies, including but not limited to the Faculty Code of Conduct, the Student Code of Conduct, the University of California’s Standards of Ethical Conduct, Personnel Policies for Staff Members, or an applicable collective bargaining agreement.
Non-affiliates may be penalized per criminal statutes, such as California Penal Codes, California Health & Safety Codes, or the California Code of Regulations. Penalties may include the assessment of fines.
Violation fines paid to the campus will be held at EH&S and may be used to fund environmental restoration or UCPD environmental enforcement training.
Glossary
- Agency: The public entity (Air District, Water Board, Fish and Wildlife, Coast Guard, etc.) responsible for regulatory oversight of an incident, based on the nature and impact of the discharge to the environment.
- Citation: A summons to pay a monetary fine or appear before a court of law.
- Detention: The act of keeping back, restraining, or holding a person who may have committed a wrongful act.
- Formal Enforcement Action: When the campus or Agency assign violations, citations, seek damage claims, and/or file for civil or criminal charges against violators of the this policy or Environmental Code.
- Illicit Discharge: The release of materials to the environment in a manner contrary to relevant law or allowances.
- Informal Enforcement Action: Any enforcement action taken by the campus or outside Agency staff where people or the environment are not at immediate risk or exposed to pollution. Can include any form of communication (verbal, written, or electronic) between the campus or Agency executive staff and a discharger about a violation or potential violation.
- Notice to Comply: A document issued by EH&S or Agency for minor violations that involve no, or minimal, emissions. The property owner is typically given a time frame to comply before issuing a Notice of Violation.
- Notice of Violation (NOV): One step in an EH&S or Agency investigation and enforcement of violations and regulations. An NOV notifies the recipient that the campus believes the recipient committed one or more violations and provides instructions for coming into compliance and/or may include a citation.
- Pollutant: Dredged spoil, solid waste, dust, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal water and industrial, construction, municipal, and agricultural waste or fugitive materials from such operations.
- Private-Persons Arrest: An arrest made by a person not acting as a sworn law-enforcement official for a public offense committed in his/her presence.
- University Legal Representative: Staff, including University Police, legal counsel, or hired personnel who have delegated authority to represent the campus in court proceedings and in other legal matters.
- Waste: Materials or by-products eliminated or discarded as no longer useful or required after the completion of a process.