Environmental Crimes Task Environmental Crimes Task Force Force Michigan Department of Environmental Quality - Office of Criminal Investigations United States Environmental Protection Agency - Criminal Investigation Division
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Environmental Crimes Task Environmental Crimes Task ForceForce
Michigan Department of Environmental Quality - Office of
Criminal InvestigationsUnited States Environmental Protection Agency - Criminal
Investigation Division
WHO WE AREWHO WE ARE
WHO WE AREWHO WE ARE
Michigan Department of Environmental Quality, Office of Criminal Investigations
– Criminal investigative branch of the MDEQ
– Ten offices – 18 Sworn peace officers
WHO WE AREWHO WE AREU.S. EPA-Criminal Investigative Division
Special Agents have responsibility for the investigation of criminal violations of laws administered to by the USEPA. Authority over all federal offenses, but specialize in
environmental crimes.
230 agents nationwide, 4 located in Michigan.
Michigan Task ForcesMichigan Task Forces
Western Michigan ECTF – Grand Rapids, MIBay City ECTF – Bay City, MISoutheast Michigan ECTF – Detroit, MI
MISSION: Jointly investigate and prosecute environmental crimes.
Task Force MembersTask Force Members
US ATTORNEY’S OFFICEMICHIGAN ATTORNEY GENERALEPA-CIDMDEQ-OCIFBIUSFWSCOAST GUARDOTHERS
GOALS = TEAMGOALS = TEAMCOMMUNICATION AND NETWORKING among the federal, state, and local agencies who are responsible for the protection of the environment and the public health; and
COORDINATION among those agencies to ensure the proper characterization, and as appropriate, dissemination of information within the law enforcement community and to the public at large; and
EDUCATION of all levels of government and the community in order to assist them in recognizing violations of the environmental laws and regulations and to sensitize them to the threat to public health and the environment resulting from violations of those laws; and
EXPANSION OF RESOURCES, utilizing strengths of all agencies to increase the overall strength of the environmental team; and
INVESTIGATION of potential environmental crimes jointly; and
PROSECUTION of environmental criminals.
Resource to Other Police Resource to Other Police AgenciesAgencies
MDEQ– Laboratory services– Liaison with District Staff
USEPA– NEIC Laboratory services– Computer Forensics– Liaison with Emergency Response Branch
Resource to Other Police Resource to Other Police AgenciesAgencies
USEPA and MDEQ– Assists with criminal complaints– Provides training for law enforcement
agencies– Quick reference on State and Federal
environmental statutes
What Is An What Is An Environmental Crime?Environmental Crime?
IntentionalIntentionalKnowingKnowingNegligentNegligentViolation of Environmental LawViolation of Environmental LawLying (False Statements), Lying (False Statements), Cheating, Stealing (Fraud)Cheating, Stealing (Fraud)
State Environmental Statute State Environmental Statute
P.A. 451 of 1994 The Natural Resources and Environmental Protection Act (NREPA)
Broken into partsMisdemeanor and Felony violationsDeal primarily with waste
NREPANREPAPART 55 – Air Pollution
Air Releases;PART 111 – Hazardous Waste
Treatment, storage, disposal, transportation; False statements license application / manifest; Vehicles and transport containers;
Part 31 – Water PollutionDirect or indirect discharges to State waters; False statements;No permits; Floodplains; Tampering w/monitoring equipment.
Part 115 – Solid WasteSolid waste disposal and transportation; No permits; Burning grass / leaves; Medical waste;
NREPANREPAPart 303 – Wetlands
Filling wetlands; Dredging wetlands; Construction in wetlands; Part 201 – Environmental Remediation
Release of hazardous substances;Part 121 – Liquid Industrial Waste
Failure to manage to prevent discharges; False statements;Other Violations
Tire disposal; Tire accumulation; Lead acid / mercuric acid battery disposal; Dumping, discharging, burning used oil;
Traditional Associated Traditional Associated State ViolationsState Violations
Uttering and PublishingForgeryObtaining Money Under False PretensesConspiracyRacketeering
Federal Environmental StatutesFederal Environmental Statutes
Resource Conservation Recovery Act (RCRA):Governs the transportation, storage and disposal of hazardous waste.
2 to 15 year feloniesClean Water Act (CWA):Discharges to waters of the United States as well as to municipal sewer systems; wetlands; false statements; knowing endangerment; tampering w/monitoring equipment.
2 to 15 year feloniesnegligent misdemeanor
Federal Environmental StatutesFederal Environmental Statutes
Clean Air Act (CAA):Stationary sources, mobile sources, asbestos, CFC's.
2 and 5 year feloniesnegligent misdemeanor
Federal Insecticide Fungicide and Rodenticide Act (FIFRA):Pesticide, agricultural use chemicals.
misdemeanor
Toxic Substances Control Act (TSCA):Pcbs.
misdemeanor
Federal Environmental StatutesFederal Environmental Statutes
Comprehensive Environmental Response Compensation and Liability Act (CERCLA):Also known as Superfund. Criminal cases for the release of a hazardous substance, also abandonment sites.
felony
Traditional Associated Traditional Associated Federal ViolationsFederal Violations
Obstruction of JusticeFalse Statements/FalsificationFraud (mail & wire fraud)Bank FraudConspiracyRacketeering
Criminal Criminal DeterrentsDeterrents
• Jail time• Fines and costs• Criminal Stigma• Media coverage
Hazardous Waste ViolationsHazardous Waste Violations
Examples of Illegal Transportation, Treatment, Storage & Disposal (TSD’s)
UPPER PENINSULA DRUM CASE UPPER PENINSULA DRUM CASE –– SITE #1SITE #1
UPPER PENINSULA DRUM CASE UPPER PENINSULA DRUM CASE –– SITE #2SITE #2
Water Pollution ViolationsWater Pollution Violations
Examples of Water Pollution
CWA Pretreatment ViolationsCWA Pretreatment Violations
Discharges to Sewers =Indirect Discharges to Surface Waters
Elements of Federal Elements of Federal Pretreatment CrimePretreatment Crime
A Person Knowingly or negligently owned/operated a sourceIn violation of a federal pretreatment standard33 USC 1319(c)(1)(A)&(c)(2)(A)
Indirect (Sewer) DischargeIndirect (Sewer) Discharge
Disposal method of choice for a variety of regulated waste streamsVirtually risk-free as for possibility of detectionPotentially very dangerousExcessive waste storage often linked to illegal discharges
Discovery of Illicit DischargeDiscovery of Illicit DischargeDry weather/unusual discharges from storm sewer outfallsObservations at POTW headworks, i.e., high pH, odors, discoloration, etc.Suspicious activities during inspections/monitoringDiscrepancies in or lack of reporting for self monitoringAnonymous complaints or tips from citizens or employees
What makes a criminal case?What makes a criminal case?
A provable violation.Knowing or negligent behavior (willful = bonus).Harm and/or culpable conduct.Criminal investigators, technical personnel, prosecutors = team.
Indicators of criminal violationsIndicators of criminal violations
Water Pollution ViolationWater Pollution Violation
Tank Farm Aerial 2Tank Farm Aerial 2
Carbon House to Discharge
Weir Box April 2002
Cement Pad Over Pipes
ENVIRONMENTAL CRIME DETECTIONENVIRONMENTAL CRIME DETECTION
Unusual CircumstancesPollution type, source unusual; something not right.
OdorStrong odors; odors that burn eyes, mouth, nose, skin.
SightSite appearance; dead animals; dead vegetation; darkblack smoke emissions; pipe discharges to water; dumping into sewers; foamy water, water w/solids, oil sheens.
Secretive BehaviorSecretive / suspicious behavior; night operations; lack of cooperation.
Environmental Crime ScenesEnvironmental Crime Scenes
Note danger signs – DO NOT BECOME A VICTIM.
Note information marked on containers, manifests, etc.
Do not assume what is marked on the container is what is inside.
Do not disturb containers.Call 911/appropriate response agencies.
What Is Your Role?What Is Your Role?Secure Scene
Never jeopardize your safety or public safety. Environmental Investigators, Fire departments, HAZMAT teams, MDEQ, EPA Emergency Response Branch.
Observe, Document and Preserve Look for physical evidence, paperwork, invoices, manifests, labels, vehicle information, photography, dead vegetation / animals, etc.
Identify Witnesses and SubjectsNotify Appropriate Agency
SAFETY FIRSTSAFETY FIRSTStay UPWIND and UPGRADE
IF YOU SMELL IT YOU’RE TOO CLOSE!!DON’T TOUCH - but do observe,
record, and report label information, markings, and condition of any containers SECURE THE SCENE to protect
the public
Officer SafetyOfficer SafetyTrue Story
Officer for the NJ State Police investigating routine accident came in contact with pesticides at scene. Officer failed to decontaminate uniform, went home, met at door by his two children of toddler age. Both children became ill, unfortunately the youngest died. The older child recovered.
Environmental Impact? According to Environmental Impact? According to USFWS:USFWS:
Bald Eagles:- 2 Pair Wayne County (1998 first known breeding pair)- 2 Pair Canada inland near Wayne County / Monroe
County- 1 Pair Fighting Island (BASF, Canada)- 7-8 pair Monroe County (1987 first known breeding pair)Expanded area largely due to decrease in pollution / contaminants (contaminants cause breeding problems) Directly correlated to Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act, et al.This was seen about 0.5 miles from our office on Grosse Ile:
How To Reach UsHow To Reach Us
MDEQ-OCI National Response (517) 335-3434 * Center (NRC)
(800) 424-8802
USEPA-CID PEAS (MDEQ)(734) 692-7650* (800) 292-4706
* Not manned 24 hours
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