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News & Features
From the Idyllwild Town Crier weekly newspaper, 05.07.09 edition.
Storm
brewing over county fee
By Marshall Smith, Staff
Reporter
Idyllwild merchants, many of whom are operating on a shoestring in a
down economy, received an unexpected April bill from the county — a
$196.50 “fee/deposit” to fund inspection by the Environmental
Compliance Division of the Department of Building and Safety.
Letters merchants received were inauspiciously dated April 17, just two
days after filing deadlines for federal and state income tax. The
letter stated: “Your business, along with all other businesses
throughout the County of Riverside, have been identified as an
Industrial/Commercial Business Facility with the potential of having an
impact on water quality. Federal and state requirements mandate the
County of Riverside to implement a business-facilities, storm-water
compliance/inspection program [to determine if individual businesses
create “prohibited discharges” that would find their way into the storm
drainage system of the county].”
The county plans to charge each business an hour-and-a-half inspection
time at the rate of $131 an hour. The rate includes travel time from
Riverside, so it is not particularly likely that merchants will see a
refund of the “deposit.” Chandra Santiago, agency program
administrator, said the county is working to aggregate inspections, at
least 20 in one day in one area, so that some efficiencies of time are
logged. “There could be refunds,” she said, although she noted
Idyllwild inspections had not yet begun so she could not forecast what,
if any, refunds might be forthcoming.
Although not all merchants had been canvassed prior to this article,
reaction from those who were was unified. Chamber of Commerce President
Bill Triplett said,” This is outrageous. Just another revenue stream
for the county. There does not appear to be [for most businesses] any
‘substance’ to the new requirement. It is ludicrous for our elected
officials to levy this type of bogus fee on those with the least
ability to pay. Some of our businesses make dollars a day. What
‘service’ is the county going to provide for this fee? Taxing your
income source [business taxes received by the county] has never made
good sense to me.”
Since the inspection is mostly concerned with outdoor sources of
pollution, as stated in the accompanying “Stormwater Compliance
Requirements for Industrial and Commercial Businesses” brochure —
outdoor vehicles and equipment; outdoor material storage areas; outdoor
industrial and/or commercial activities/trash enclosures/planters and
vegetation; outdoor loading and unloading; and storm drains and/or
drainage areas — many letter recipients are questioning why they are
even being inspected.
“I have no outside storage or outside work areas, and do not
manufacture, but I have to pay some Riverside County employee to come
to Idyllwild to confirm that I have no impact on water quality?” said
locksmith Tom Visel in a letter to the county. “Why should I pay for an
inspection that is silly? Please do not echo that it is required! Are
all businesses being inspected, including Realtors and antique stores?”
“Yes, all businesses are being inspected and are being required to pay
the fee,” said Santiago when asked the same question.
Visel asks in his letter why the county can’t aggregate inspections to
minimize the hour-and-a-half “minimum” inspection time. Santiago said
the county is beginning to do so.
Gallery owner Amanda Taylor asks the obvious, “I’m a retailer of art.
What could I be doing to affect the storm water? I might see someone
who deals in environmentally unsafe products may need some
monitoring, but me?” And for many other businesses in town, this is the
salient question. Why are their predominantly indoor operations, with
no food preparation or grease traps, being inspected?
The answer, according to Santiago is that this is an “unfunded” federal
mandate, requiring the state to administer county compliance and
inspect all businesses. Prior to Nov. 7, 2006, the county randomly
inspected and paid inspectors’ salaries. In September 2006, the
Riverside County Board of Supervisors approved a countywide business
registration fee. The county acted because the state and federal
environmental protection agencies were threatening to fine the county
for noncompliance with nationwide efforts to locate and identify
businesses that may contribute to groundwater pollution through storm
runoff. From this business license fee the county was able to identify
all county businesses. And from that came the new stormwater compliance
edict, based on County Ordinance 857.
Shane Stewart, owner of a number of town businesses, questioned whether
or not in fact the county was double dipping, since Environmental
Health and Safety (EHS) inspect restaurants for stormwater compliance.
Santiago explained that as of four months ago, EHS would no longer
inspect for stormwater compliance issues. Those issues now will be
handled by this current inspection regimen.
No matter the rationale, the rhyme, or reason, the fee is onerous for
many town businesses. Said Donna Barucza, owner of Florist in the
Forest, “Ahhhh!!!! They’re [the county] trying to put us out of
business. This should be the property owner’s responsibility, not the
tenant’s.”
But said Santiago, it is the business “operator” who is responsible.
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