BUILDING AN ENVIRONMENTAL CASE

Task Force Agencies LACFD- Health Haz Mat FBI County & City Sanitation Departments Dept of Public Works LA. County District Attorneys’ Office United States Attorneys’ Office Cal- EPA and Fed EPA State and Local Law Enforcement Agencies

TYPICAL VIOLATIONS DUMPING TO THE SEWER STORMWATER VIOLATIONS HAZARDOUS WASTE VIOLATIONS FISH & GAME 5650 CAL OSHSA LAB FRAUD CLEAN WATER ACT STATE FEDERAL

ENFORCEMENT ACTIONS Criminal Violations Civil Violations Infraction Misdemeanor Felony Civil Violations Fines Administrative enforcement orders

Elements of Crime Good violation Intent Vs Negligence Observations Evidence- samples, photos

WHAT IS A GOOD VIOLATION? Can you prove the violation? Are the codes and regulations clear? What is the standard in the industry? Does the prosecutor understand the violation? Will a jury understand the violation?

Intent Vs Negligence INTENT- the operator knows he committed a violation NEGLIGENCE- The operator should have known that he committed a violation. example: The owner of metal finishing business who has been in the business for 20 years.

Observations Listen to what the operator has to say. Talk to people who are actually doing the work. Look for clues and signs that something might be wrong. Hose Pump Pirate connection

EVIDENCE Interviews Records Photographs Samples

Let the operator tell his story INTERVIEWS WHO WHAT WHEN WHERE WHY HOW Let the operator tell his story

WARRANTS Inspection Warrants Search Warrants refusal of entry use to conduct an inspection administrative action Search Warrants probable cause serious violation felony violation

From the time of discovery Criminal Cases Statute of Limitations State Law: misdemeanor -1year Felony 3 years Federal Law Felony 5 years From the time of discovery

TIPS ON MAKING A GOOD CASE FORGET THE TURF WARS WRITE IN THE THIRD PERSON KEEP YOUR PROSECUTOR INFORMED TAKE GOOD NOTES DON’T TAKE ANYTHING PERSONNEL