I.                     The legislature sets forth its declaration of public policy by stating:

A.      The pollution of the air and waters of the United States constitutes a menace to public health and welfare; creates public nuisances; is harmful to wildlife and fish and other aquatic life; and impairs domestic, agricultural, industrial, recreational, and other beneficial uses of air and water.

II.                   Environmental Crime Unit’s Enforcement Goals

A.      Protect the public health and safety

B.       Restore lost natural resources

C.       Protect existing natural resources

D.      Remediation of contaminated sites

E.       Reimbursement of cleanup costs

F.       Bolster regulatory compliance efforts

III.                 Specific Case Examples

A.      Company that abandoned a container of Ethyl Mercaptan in an empty lot next to its business (Ethyl Mercaptan is the substance that gives an odor to gas – horrible stench)

B.       Company that mixed their hazardous waste with their drums of used oil and had it transported and disposed of as used oil

C.       Subject who would load a container of hazardous waste onto the back of his pickup truck, open a valve to the container and drive around, emptying the contents onto the street; the valve was controlled from inside the cab of the pickup.

D.      Auto repair facility operating in violation of its pollution control permits within a Well field Protection Area

E.       Company that improperly and unlawfully engaged in commercial asbestos removal (NESHAPS violations)

F.       Unlawful disposal of hazardous waste (lead contaminated sludge) from a lead abatement project at a large, federally funded housing facility

G.       Company unlawfully disposed of bio-hazardous waste into a landfill

H.      Publicly-traded, environmental consulting and service business that abandoned its business location, leaving behind over 50 drums of hazardous waste, its laboratory, etc.

I.         Company that was selling forged Asbestos Worker Training Certificates

J.        Waste oil hauler who would transport and dispose of hazardous waste (un-permitted)

K.      Company that would remove contents of storm water drains (septic waste) into its vacuum truck and dispose of it onto public or private property or into canals, rather than emptying its contents, allowing for them to dry, separating the contents and properly disposing of it (This company lost its very expensive vacuum truck!)

L.       Company that would conceal the identity of its waste and have it transported away and disposed of as used waste oil

M.     Company that would submit forged or altered wastewater laboratory analysis to authorities to conceal fact of insufficient pretreatment.

N.      Warehouse owner/landlord who, after foreclosing on a lease and assuming possession and responsibilities for a number of drums of hazardous waste inside his commercial property, paid someone a “reduced fee” to dispose of the drums in an expeditious manner

O.      Landlord who repossessed and who bargained with another individual to take everything, i.e., good stuff and had bad staff, including drums of hazardous waste, which resulted in the other individual disposing of the hazardous waste unlawfully

P.       Company that dumped raw, untreated sewage into the storm drains  under cover of darkness

Q.      Painting contractor who, after completing a large industrial contract, disposed of its paint cans and contents onto public property

R.       Large, multinational, publicly-traded company that concealed the identity of its waste, disposed of it into its dumpster, and hired a waste service to dispose of the dumpster into a landfill

S.       Subject disposed of auto shredder residue that was PCB contaminated

T.       Vessel on a river that discharged septic waste into the river

U.      Waste dumped into canals

V.       Company that dumped medical and bio-hazardous waste into a canal

W.    Individual in business for years who collected, transported and stored hundreds of drums full of PERC from drycleaners in a small warehouse, never disposing of them

X.      Company that dumped hazardous sludge waste generated from a floor stripping operation into a conventional trash dumpster

Y.       Demolition contractor who operated an un-permitted MRF (materials recycling facility) and who, as a consequence of its operation, filled in the neighboring low-lying areas with dirty fill and fluff, expanding its area of operation on other persons’ properties

Z.       Corporation that disposed of its industrial hazardous waste by connecting a drain pipe directly to a rainwater runoff pipe that ran from the roof of its building, through the building and out to a storm drain

AA. Contractor who unlawfully, without being certified, discharged freon into the atmosphere

BB.   Large, national concern that hired an independent contractor to dispose of its solid waste; imputed knowledge of correct rules and regulations

CC.   Environmental consulting firm hired by a large multinational oil company to remediate a site, but which disposed of the hazardous waste unlawfully

DD.  Company that unlawfully disposed of its hazardous waste, after being quoted the high cost of proper disposal

EE.    Corporate representative who tampered with monitoring well.

FF.    Landlord who, after receiving MSDS and disposal instructions from chemical manufacturer, hired an independent contractor to cheaply dispose of containers abandoned by previous tenant

GG.   Company representative who, after learning the high cost of proper disposal, contracted with undercover investigator to dispose of drums he knew contained “toxic” waste, but who claimed “I don’t care if you dump them in the Everglades”

HH.  Medical facility that disposed of its bio-hazardous waste improperly, by placing the waste in their dumpster

            II. Transfer station owner from a county who allegedly transported tractor trailer loads of
                 solid waste, allegedly destined for the county landfill, but whose drivers unlawfully
                 disposed of the solid waste in another section of the county

IV.                 Defenses

A.      Lack of knowledge

B.       No criminal intent; mistake; bad advice

C.       No harm/No foul

D.      Reliance on government

E.       Government misconduct (unclean hands)

V.                   Dispositions

A.      What Is the Objective (s) of Criminal Prosecution of Environmental Crimes

1.       Punishment

2.       Education

3.       Compliance

4.       All of the above

B.       Punishment

1.       Incarceration

2.       Probation

3.       Fines and Penalties

4.       Reimbursement of Costs

5.       Forfeiture

6.       Monetary Contributions

7.       Advertisement for Environmental Causes (Admissions)

8.       Disbarment, “listing”

C.       Education

1.       Mandatory employee education

2.       New technology

3.       Community service

4.       Educational campaigns

D.      Compliance

1.       Written compliance policy

2.       Environmental audit

3.       Site inspection

4.       Required permits

5.       Submission of interim reports

6.       Random inspections

7.       CARs, CAPs, RAPs

8.       Monitoring

9.       Mandatory civil compliance (parallel proceeding)

E.       Significant Concerns

1.       Time required for cleanup

2.       Money required for cleanup

3.       Extent of damage from localized pollution event

4.       Immediate and future health concerns

5.       Damage to:

a.        Soil

b.       Groundwater

c.        Air

6.       Effect of disposition on business entity

7.       Effect of disposition on community

F.       The “Global” Resolution

1.       Understand the nature of the harm

2.       Appreciate the potential for long-term impact

3.       Consult the regulatory authority

4.       Use the experts

5.       Remedy other existing and potential violations

6.       Incorporate the existing monitoring and inspection framework

7.       Design the appropriate disposition

G.       Sample Provisions

1.       The defendant shall apply for and obtain all required operating and occupational permits as specified by Federal, State, and local laws, regulations, permits, and ordinances.  All such permits shall be applied for after a review and inspection by the appropriate regulatory agency employee or any other Federal, State, or local agency or law enforcement personnel.

2.       The defendant shall permit (applicable regulatory agency personnel), during the pending of this Agreement, to enter and inspect the business location of the defendant without prior notice, but during regular business hours, to insure the continued compliance with applicable laws, regulations, permits, and ordinances.

3.       The defendant shall immediately adopt and implement a written environmental compliance policy at its business location (s) and instruct its employees in the correct, safe, and lawful manner in which hazardous waste and other dangerous substances are required to be stored, transported, or disposed of, and to make such employee instruction an integral and regular part of its safety training program.

4.       The defendant shall make the terms and conditions of this Agreement known to its employees, successors, agents, officers, representatives, and participants engaged in the defendant’s projects and business activities.

VI.                 Agency Referrals/Investigating Entities

A.      Your local state, county and city enforcement agencies

B.       EPA Inspector General (Atlanta)

C.       EPA Criminal Investigation Section

D.      US Attorney’s Office

E.       FBI

F.       Marine Patrol

G.       Game and Fish Officer

VII.               Penalties and Sanctions

A.      General provision

Whoever commits a violation specified in subsection (1)(causing pollution) is liable to the local authorities for any damage caused and for civil penalties.

1.        $10,000 per day

2.        Joint and several liability

B.       Specific provisions

1.       Willfully causing pollution

a.        3rd degree felony

b.       5 years imprisonment

c.        fine of not more than $50,000 per offense; each day = new offense

2.       Reckless indifference or gross careless disregard…causing pollution…

a.        2nd degree misdemeanor

b.       60 days imprisonment

c.        fine of not more than $5,000 per offense; each day = new offense

3.       Willful violation of rules and regulations…

a.        1st degree misdemeanor

b.       imprisonment for term of not more than 1 year

c.        fine of not more than $10,000 per offense (silent as to each day)

4.       Litter Law

a.        less than 15 pounds or 27 cu. ft; $50 civil penalty

b.       more than 15 pounds and 27 cu. ft, but less than 500 pounds or 100 cu. ft.

1.        1st degree misdemeanor

2.        term up to 1 year in prison

3.        fine of not more than $1,000

4.        court ordered picking up of litter or other community service “commensurate with the offense committed”

5.        3 point penalty on DL

c.        more than 500 pounds, greater that 100 cu. ft., in any quantity if for commercial purposes, or is hazardous waste

1.        3rd degree felony

2.        5 years in prison

3.        fine of not more than $5,000

4.        remove litter

5.        repair or restore property, or pay damages

6.        perform public service

7.        vehicle forfeiture

     5.  Hazardous Waste

          Any person who knowingly or by exhibiting reckless indifference or gross               
          careless disregard for human health … transports, causes to be transported,           
          stores or disposes of biomedical or hazardous waste…

a.        civil damages

b.       civil penalty of not more than $50,000 per day for continuing violations

c.        3rd degree felony

d.       5 years imprisonment for first offense, 10 years for subsequent

e.        $50,000 per day for 1st offense, $100,000 per day for subsequent offense

VIII.             Additional Considerations for Corporate Defendants

A.      Corporate criminal liability

B.       Responsible corporate officer and employee criminal liability

C.       Multiple, parallel proceedings

D.      Publicity

E.       Required public notification by publicly-traded companies

F.       DOD “listing”

G.       Potential civil liability

H.      Disclosure of public records

IX.                The New Era

A.      The importance of “partnership”

B.       The “Global” resolution – EPA and local authorities