1. BUILDING AN ENVIRONMENTAL CASE

2. 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

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

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

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

6. 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?

7. 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.

8. 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

9. EVIDENCE
Interviews
Records
Photographs
Samples

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

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

12. 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

13. 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