STEROIDS. FY 15 Complaints. An Overview of Environmental Criminal Investigations. October 27, LDEQ-CID Overview

Size: px

Start display at page:

Download "STEROIDS. FY 15 Complaints. An Overview of Environmental Criminal Investigations. October 27, LDEQ-CID Overview"

Magdalen Stokes
6 years ago
Views:

GREEN LITTERING CRIMES ON STEROIDS An Overview of Environmental Criminal Investigations October 27, 2016 Larry

INVESTIGATORS OFFICES Larry Baldwin Northeast Region (318) 362-5439 Bobby Mayweather Keith Bates, Capital Todd

Investigation Division Billy Eakin Bobby Kingham Southwest Region Lake Charles (337) 491-2667 (337) 491-2712

Region (504) 736-7701 120 150 201 210 FY 15 Complaints 65 75 691 219 234 386 Odor Sewage Trash /Garbage Open

1 GREEN LITTERING CRIMES ON STEROIDS An Overview of Environmental Criminal Investigations October 27, 2016 Larry Don Cowart Baldwin Northwest Shreveport Region (318) INSPECTIONS LDEQ CRIMINAL REGIONAL INVESTIGATORS OFFICES Larry Baldwin Northeast Region (318) Bobby Mayweather Keith Bates, Capital Todd Region Compton, Maureen (225) Kennedy Baton Rouge (225) Mike Algero Administrator (225) Jeffrey T. Nolan, Manager LDEQ- Criminal Investigation Division Mike Daniels, Criminal Attorney LDEQ- Criminal Investigation Division Billy Eakin Bobby Kingham Southwest Region Lake Charles (337) (337) Rhonda McCormick Ryan Brignac Acadiana Region Lafayette (337) Brian Tusa Southeast Region (504) 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 1

2 Legal? Legal?? Legal? Legal??? 2

substance in contravention of any provision of this Subtitle, of the regulations, or of the permit or license

life or health, shall be guilty of a felony La. R.S.

made necessary by such violation and in addition may be fined not more than one hundred thousand dollars per

3 Legal??? Legal??? La. R.S. 30:2025 (F)(1)(a): (Felony) 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 Penalty) 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. 3

4 La. R.S. 30:2025 (F)(2)(a): (Misdemeanor) 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 4

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 5

6 False Statements Nathan Redwine 5 years probation $3000 criminal fine 1/8 page add in newspaper Clean Water Violations 6

7 Deepwater Horizon Tommy Francise 1) $2500 fine 2) $2700 to LDEQ for cost of investigation 3) 3 years supervised probation & $60 per month supervision fee 7

BP Exploration and Production Seaman s manslaughter (11 felony counts) Negligent

Migratory Bird Treaty Act (one misdemeanor count) Obstruction of Congress (one

256 billion dollar criminal fine, $350 million dollars to the National Academy

8 BP Exploration and Production 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 8

Joseph Jones Plaisance Development Corporation Jones and PDC were convicted

Law involving six STPs in Evangeline Parish.

9 Joseph Jones Plaisance Development Corporation 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 Before and After Before After 9

10 Before After Before After 10

11 Before After Before #1 Before #2 11

342-1234 To call LDEQ CID directly, dial

12 After If you see or suspect illegal activity, please call LDEQ Toll Free at: or Emergency: (225) or (225) To call LDEQ CID directly, dial Jeff Nolan, Manager (225) or Mike Daniels, Criminal Attorney (225) or 12

St. Tammany Parish Litter Ordinance LITTER ENFORCEMENT St. Tammany Parish 1. Established by Council and Adopted in 20

13 St. Tammany Parish Litter Ordinance LITTER ENFORCEMENT St. Tammany Parish 1. Established by Council and Adopted in Justices of the Peace & Constables Chief Litter Enforcement Officers for the Parish. CHAPTER 15 - Litter 1. Simple Littering <> (Civil) How Do I Report Litter St. Tammany Parish Website 2. Commercial Littering <> (Civil) 3. Intentional Littering <> (Criminal) Dept. of Environmental Services 4. Gross Littering <> (Criminal) 13

14 How Do I Report Litter LITTER PREVENTION FORM AFFIDAVIT How Do I Report Litter Contact Justice of the Peace and/or Constable ROW Dumpsite End of 7 th Street in Slidell, La. Swimming Pool used to Bathe 14

SUBPOENA State of Louisiana ~ St. Tammany Parish ~ Third Ward Justice Court Investigating Tools 1. Inter-net (most helpful) 2. Sheriff run license tags 3. Repeat Offender Database 4. Subpoenas 5.

: 3A- 3964 XYZ: 985-807-4000 Defendant SUBPOENA for RECORDS TO: AT&T Mobility: Fax# 1-877-971-6093 YOU ARE HEREBY COMMANDED TO MAIL OR FAX OR EMAIL THE FOLLOWING DOCUMENTS IN YOUR POSSESSION OR

Name & Billing Address of subscriber assigned to phone number 985-807-4000 DATE RANGE: from January 1, 2013 (thru) May 15, 2013 THIS IS FOR RECORDS ONLY. THERE WILL BE NO ORAL INTERROGATORIES.

15 SUBPOENA State of Louisiana ~ St. Tammany Parish ~ Third Ward Justice Court Investigating Tools 1. Inter-net (most helpful) 2. Sheriff run license tags 3. Repeat Offender Database 4. Subpoenas 5. Knocking on doors St. Tammany Parish Petitioner Vs. Case No.: 3A XYZ: Defendant SUBPOENA for RECORDS TO: AT&T Mobility: Fax# YOU ARE HEREBY COMMANDED TO MAIL OR FAX OR THE FOLLOWING DOCUMENTS IN YOUR POSSESSION OR CUSTODY AND CONTROL TO THIRD WARD JUSTICE COURT OF ST. TAMMANY, LOUISISANA ON OR BEFORE May 31, Name & Billing Address of subscriber assigned to phone number DATE RANGE: from January 1, 2013 (thru) May 15, 2013 THIS IS FOR RECORDS ONLY. THERE WILL BE NO ORAL INTERROGATORIES. YOUR FAILURE TO RESPOND TO THIS SUBPOENA COULD SUBJECT YOU TO PUNISHMENT FOR CONTEMPT OF THIS COURT. BY THE ORDER OF THE THIRD WARD JUSTICE COURT, TAMMY LANE, COVINGTON, LA , Phone (985) or Fax (985) or remoore@stpgov.org Offender s Home No Running Water ENTERED BY: HONORABLE CONNIE G. MOORE, JUDGE OF SAID COURT, This day of, AD.. JUDGE Judge s No.: JP-52-3 Bush, Louisiana Dumpsite of Household Garbage and Hypodermic Syringes Constable Todd Kraft Bush, Louisiana Constable Todd Kraft canvassing through the trash to locate any identifiable evidence. 15

16 Bush, Louisiana Hypodermic Syringes believed to be used Heroin Bush, Louisiana Evidence located within the dumpsite Electronic Waste Slidell, La. 16

17 Computers, Printers, Fax Machines Slidell, La. Removing the Waste / Dumpsite Slidell, La. SUMMONS A. Issued by the Constable B. Size of a Traffic Ticket C. Three Carbon Copies 1. Judge Copy 2. Violator Copy 3. Constable Copy 17

18 18

St. Tammany Parish legal department P. O.

DATE & TIME of Offense: TICKET#: WARD#: CONSTABLE ISSUING

19 St. Tammany Parish legal department P. O. Box 628 Covington, LA Phone: (985) Fax: (985) Pat Brister Parish President REPEAT OFFENDER DATABASE FORM DATE & TIME of Offense: TICKET#: WARD#: CONSTABLE ISSUING TICKET: JUSTICE OF THE PEACE: NAME OF OFFENDER: ADDRESS: SOCIAL SECURITY#: DRIVER S LICENSE#: OFFENSE: VIOLATION: FINE AMOUNT: 19

The other half is assigned to community out

20 Litter Abatement Supervisor C.J. Employed by the Parish. Crew of (8) to (11) Men & Women 8 to 4 Misdemeanor Offenders 22 nd Judicial Court System Mandatory assignment of half the community service must go toward litter pick-up. The other half is assigned to community out reach programs like Habitat, Food Bank, Goodwill, etc. ILLEGAL DUMPING OF COOKING OIL COOKING OIL DUMPED IN WATERWAY 20

Fine & Court Cost Sheet A. Filled out after Judge has set the fine amount. B. Mailed or Hand Delivered to the Offender C. Must be signed by the Offender and Witnessed (if mailed) St.

John Doe I, the accused, understand that I have the right to plead not guilty and to have a trial for the Offense of Littering St. Tammany Parish Ordinance #01-0284 and/or #02-0551, Section: 15-001.

: 5067, Date: July 29, 2014. Accused: Witness: Date: Date: FINES (AS IN ACCORDANCE WITH S.T.P. ORDINANCE NO. 01-0284) Penalty imposed for the first offense shall be between the ranges of $50.

21 Fine & Court Cost Sheet A. Filled out after Judge has set the fine amount. B. Mailed or Hand Delivered to the Offender C. Must be signed by the Offender and Witnessed (if mailed) St. Tammany Parish JUSTICE COURT DIVISION THREE Koop Drive Mandeville, La Phone: (985) Fax: (985) St. Tammany Parish Government Vs. John Doe I, the accused, understand that I have the right to plead not guilty and to have a trial for the Offense of Littering St. Tammany Parish Ordinance # and/or # , Section: I, the accused, waive formal arraignment and appearance for trial, as well as, waive jurisdiction and enter a plea of guilty to this offense in accordance with Louisiana R.S. 32:641. Citation No. : 5067, Date: July 29, Accused: Witness: Date: Date: FINES (AS IN ACCORDANCE WITH S.T.P. ORDINANCE NO ) Penalty imposed for the first offense shall be between the ranges of $50.00 to $ 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 $ to $1, and sentenced to serve (16) sixteen hours of community service. Third offense ranges between $ 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 hours of community service, and/or Judgment/Lien filed on your immovable property. Court Fees: $ Community Service: Fine~Bond: $ Drivers Lic. Suspend: TOTAL: $ Other: Cash Check Money Order # Mail Payment To: St. Tammany Parish Justice Court ~ P.O. Box 1133, Covington, La Fine/Court Fees: Make Check Payable to: St. Tammany Parish Justice Court DAMAGE DONE BY COOKING OIL IF YOU DO NOT WISH TO CONTEST THIS CHARGE, YOU MAY POST A BOND FOR THIS OFFENSE. The bond will be forfeited on the court date and your appearance in court will not be necessary and no further action will be taken. You can mail this form to the court prior to your court date. Mail and make your payment as outlined above. EDUCATION Fines Collected Year 2015 Year to Date 2016 Cases Investigated 385 Cases Investigated 177 Convictions 240 Amount Collected $21,920 Total Amount Collected Since Beginning of 2001 $180,000 Convictions 89 Amount Collected $7,040 (To Date) 21

22 Contact Information Keep St. Tammany Beautiful (KSTB) Rick Moore Executive Director Koop Dr., Suite 1D Mandeville, La Phone: Website: Laws without enforcement are just good advice -Abe Lincoln 22

LSA-R.S. 13: 2586 (2) A justice of the peace shall have concurrent jurisdiction over the litter violations occurring anywhere in the parish in which the court is situated, which are prohibited by

peace court. In addition, a constable may issue summons and serve subpoenas for such violations occurring anywhere in the parish in which his court is situated.

23 LSA-R.S. 13: 2586 (2) A justice of the peace shall have concurrent jurisdiction over the litter violations occurring anywhere in the parish in which the court is situated, which are prohibited by R.S. 30:2531(B) or any ordinance of a parish governing body providing for litter abatement or control that provides that the trial for the violation of any such ordinance may be in a justice of the peace court. In addition, a constable may issue summons and serve subpoenas for such violations occurring anywhere in the parish in which his court is situated. However, the penalty that may be imposed by a justice of Intentional Littering prohibited; criminal penalties; special court costs A. No person shall intentionally dispose or permit the disposal of litter upon any public place in the state, upon private property in this state, or in or on the waters of this state, whether from a vehicle or otherwise, including but not limited to any public highway, public right-of-way, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley, except when such property is designated by the state or by any of its agencies or political subdivisions for the disposal of such litter and such person is authorized to use such property for such purpose. the peace in connection with a litter violation prohibited by R.S. 30:2531(B) shall be limited to the range of fines allowed by that Subsection. 23

City of Wichita Ordinances Concerning Littering and Illegal Dumping

City of Wichita Ordinances Concerning Littering and Illegal Dumping CHAPTER 5.44.LITTERING Sec. 5.44.010.Definitions. (a) 'Littering' means the willful, reckless or negligent throwing, dropping, placing, depositing, or sweeping, or causing any such acts, of any waste matter