THE FEDERAL WATER POLLUTION CONTROL ACT CRIMINAL ENFORCEMENT Pedro A. Modesto; P.E. Municipal Programs Specialist EPA-II Caribbean Environmental Protection.

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Presentation transcript:

THE FEDERAL WATER POLLUTION CONTROL ACT CRIMINAL ENFORCEMENT Pedro A. Modesto; P.E. Municipal Programs Specialist EPA-II Caribbean Environmental Protection Division

WATER POLLUTION VIOLATIONS ARE THE MOST COMMON TYPES OF FEDERAL ENVIRONMENTAL PROSECUTIONS

DIRECT DISCHARGE VIOLATIONS  Discharges without or in violation of a Section 402 NPDES or Section 404 permit Negligent violation -Knowing violation Negligent violation -Knowing violation

Three Islands –population 140,000 *Saga started in the early 80’s *0ver 18 hearings in Federal District court *Intervention of 2 Federal Judges ;Hon Judge Thomas Moore and Hon Judge Curtis Gomes *Two Grand Juries * Three criminal trials; 3 convictions

Proving A Criminal Violation  Most environmental crimes require government to prove beyond a reasonable doubt both the commission of the prohibited act and the existence of a culpable mental state  Most felonies require proof that the defendant acted knowingly (some require willful)

Recent activity ; three hearings since March 2010 Citizen group now wants intervention in the case…criticize EPA for “lack” of action…. Send motion to Judge…asking for system privatization, de-delegation of the NPDES program, a court monitor.. Modesto’s declaration opposing citizens intervention sent to court past Friday May 27, 2001…(expecting Judge ruling) Consent Order requested by Judge Gomez due June 11, 2011

THANK YOU