LDEQ-CID Overview 1 October 27, 2016 Jeffrey T. Nolan, Manager LDEQ- Criminal Investigation Division Mike Daniels, Criminal Attorney LDEQ- Criminal Investigation Division GREEN CRIMES Bobby Mayweather Capital Region (225) 219-3600 Brian Tusa Southeast Region (504) 736-7701 Rhonda McCormick Acadiana Region 337-262-5125 Larry Baldwin Northeast Region (318) 362-5439 Larry Baldwin Northwest Region (318) 676-7227 Billy Eakin Southwest Region (337) 491-2667 Mike Algero Administrator (225) 219-3615 Don Cowart Shreveport (318) 676-7467 Bobby Kingham Lake Charles (337) 491-2712 Ryan Brignac Lafayette (337) 262-1566 Keith Bates, Todd Compton, Maureen Kennedy Baton Rouge (225) 219-3944 LDEQ CRIMINAL INVESTIGATORS 691 386 234 219 210 201 150 120 75 65 FY 15 Complaints Odor Sewage Trash /Garbage Open Burning Dust/Sandblasting Oil Sheen Sighting Air Release Water Discharge Asbestos Related Painting/Overspray Illegal Dumping Muddy Water Fish Kill Abandoned Drums UST Related Lead Based Paint Waste Tires Radiation Oil and Gas
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INSPECTIONS REGIONAL OFFICES LDEQ CRIMINAL … › › resource › ... · St. Tammany Parish St. Tammany Parish Litter Ordinance 1. Established by Council and Adopted in 2001. 2.
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LDEQ-CID Overview
1
An Overview of Environmental
Criminal Investigations
October 27, 2016
LITTERING ON
STEROIDS
Jeffrey T. Nolan, Manager
LDEQ- Criminal Investigation Division
Mike Daniels, Criminal Attorney
LDEQ- Criminal Investigation Division
GREEN CRIMES
INSPECTIONS REGIONAL OFFICES
Bobby Mayweather
Capital Region (225) 219-3600
Brian Tusa
Southeast Region (504) 736-7701
Rhonda McCormick
Acadiana Region 337-262-5125
Larry Baldwin
Northeast Region (318) 362-5439
Larry Baldwin
Northwest Region (318) 676-7227
Billy Eakin
Southwest Region (337) 491-2667
Mike Algero
Administrator (225) 219-3615
Don Cowart
Shreveport (318) 676-7467
Bobby Kingham
Lake Charles (337) 491-2712
Ryan Brignac
Lafayette (337) 262-1566
Keith Bates, Todd Compton,
Maureen Kennedy
Baton Rouge (225) 219-3944
LDEQ CRIMINAL INVESTIGATORS
691
386
234219
210
201
150
120
7565
FY 15 Complaints Odor
Sewage
Trash /Garbage
Open Burning
Dust/Sandblasting
Oil Sheen Sighting
Air Release
Water Discharge
Asbestos Related
Painting/Overspray
Illegal Dumping
Muddy Water
Fish Kill
Abandoned Drums
UST Related
Lead Based Paint
Waste Tires
Radiation
Oil and Gas
LDEQ-CID Overview
2
Legal? Legal??
Legal? Legal???
LDEQ-CID Overview
3
Legal??? Legal???
•Any person who willfully or knowingly discharges, emits, or
disposes of any substance
•in contravention of any provision of this Subtitle, of the
regulations, or of the permit or license terms and conditions
in pursuance thereof,
•when the substance is one that endangers or that could
endanger human life or health,
•shall be guilty of a felony
La. R.S. 30:2025 (F)(1)(a): (Felony)
•shall be fined not more than one million dollars or the cost
of any cleanup made necessary by such violation and in
addition
•may be fined not more than one hundred thousand dollars
per violation, which may be assessed for each day the
violation continues,
•and costs of prosecution,
•or imprisoned at hard labor for not more than ten years, or
both, provided that a continuous violation extending beyond
a single day shall be considered a single violation.
•Any person who willfully or knowingly discharges, emits, or disposes of
any substance in contravention of any provision of this Subtitle of the
regulations, or of the permit or license terms and conditions in pursuance
thereof, when the substance does not endanger or could not endanger
human life or health,
•or who willfully or knowingly violates any fee or filing requirement,
•or who willfully or knowingly makes any false statement, representation,
or certification in any form, application, record, label, manifest, report,
plan, or other document filed or required to be maintained under this
Subtitle, or under any permit, rule, or regulation issued under this Subtitle,
•or who willfully or knowingly falsifies, intentionally tampers with, or
knowingly renders inaccurate any monitoring device or method required to
be maintained under this Subtitle, or under any permit, rule, or regulation
issued under this Subtitle,
•shall be guilty of a misdemeanor
La. R.S. 30:2025 (F)(2)(a):
(Misdemeanor Penalty)
•may be fined not more than twenty-five thousand
dollars per violation, which may be assessed for
each day the violation continues,
•and costs of prosecution,
•or imprisoned for not more than one year, or both,
provided that a continuous violation extending
beyond a single day shall be considered a single
violation
Illegal
Dumping
LDEQ-CID Overview
5
Walter Monroe Smith
• $3000 fine
• $2000 to LDEQ and $1000 to DA for cost of Investigation
• ¼ page add in newspaper
• Clean up
Tire
Burning
Bryan Hawkins
• Scrap Metal Business in Ethel, LA
• Burning tires away from rims
• $500 fine
• 24 months probation
LDEQ-CID Overview
6
False
Statements
Nathan Redwine
• 5 years probation
• $3000 criminal fine
• 1/8 page add in newspaper
Clean
Water
Violations
LDEQ-CID Overview
7
Tommy Francise
1) $2500 fine
2) $2700 to LDEQ for cost
of investigation
3) 3 years supervised
probation & $60 per
month supervision fee
Deepwater Horizon
LDEQ-CID Overview
8
• Seaman’s manslaughter (11 felony counts)
• Negligent discharges of oil into the waters of
United States (one misdemeanor count)
• Migratory Bird Treaty Act (one misdemeanor
count)
• Obstruction of Congress (one felony count)
– $1.256 billion dollar criminal fine,
– $350 million dollars to the National Academy of Sciences
for oil spill prevention and response,
– $2.394 billion dollars to NFWF for coastal restoration and
conservation, and
– 60 months of probation
BP Exploration and Production
LDEQ-CID Overview
9
• Jones and PDC were convicted by a state district court jury of violations of the Louisiana Water Control Law involving six STPs in Evangeline Parish.
– Jones was sentenced to a $40,000 fine and 18 months in prison
– PDC was sentenced to a $150,000 fine
• In St. Landry Parish, Jones pled guilty to 11 felonies involving six STPs .
– PDC to pay $90,000
– Jones to pay LDEQ $5,115 for investigation
Joseph Jones Plaisance Development Corporation
Before and
After
Before After
LDEQ-CID Overview
10
Before
After
Before After
LDEQ-CID Overview
11
Before After
Before #1 Before #2
LDEQ-CID Overview
12
After
• If you see or suspect illegal activity, please call LDEQ Toll Free at:
(AS IN ACCORDANCE WITH S.T.P. ORDINANCE NO. 01-0284) Penalty imposed for the first offense shall be between the ranges of $50.00 to $500.00 and sentenced to serve
(8) eight hours of community service in a litter abatement work program as approved by the court. Second
offense ranges between $300.00 to $1,500.00 and sentenced to serve (16) sixteen hours of community service.
Third offense ranges between $500.00 to $3,000.00, have his/her motor vehicle license suspended for one year,
be imprisoned for not more than (30) thirty days, or sentenced to serve 24-75 hours of community service,
and/or Judgment/Lien filed on your immovable property.