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LDEQ-CID Overview 1 October 27, 2016 Jeffrey T. Nolan, Manager LDEQ- Criminal Investigation Division Mike Daniels, Criminal Attorney LDEQ- Criminal Investigation Division GREEN CRIMES Bobby Mayweather Capital Region (225) 219-3600 Brian Tusa Southeast Region (504) 736-7701 Rhonda McCormick Acadiana Region 337-262-5125 Larry Baldwin Northeast Region (318) 362-5439 Larry Baldwin Northwest Region (318) 676-7227 Billy Eakin Southwest Region (337) 491-2667 Mike Algero Administrator (225) 219-3615 Don Cowart Shreveport (318) 676-7467 Bobby Kingham Lake Charles (337) 491-2712 Ryan Brignac Lafayette (337) 262-1566 Keith Bates, Todd Compton, Maureen Kennedy Baton Rouge (225) 219-3944 LDEQ CRIMINAL INVESTIGATORS 691 386 234 219 210 201 150 120 75 65 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

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  • LDEQ-CID Overview

    1

    An Overview of Environmental

    Criminal Investigations

    October 27, 2016

    LITTERING ON

    STEROIDS

    Jeffrey T. Nolan, Manager

    LDEQ- Criminal Investigation Division

    Mike Daniels, Criminal Attorney

    LDEQ- Criminal Investigation Division

    GREEN CRIMES

    INSPECTIONS REGIONAL OFFICES

    Bobby Mayweather

    Capital Region (225) 219-3600

    Brian Tusa

    Southeast Region (504) 736-7701

    Rhonda McCormick

    Acadiana Region 337-262-5125

    Larry Baldwin

    Northeast Region (318) 362-5439

    Larry Baldwin

    Northwest Region (318) 676-7227

    Billy Eakin

    Southwest Region (337) 491-2667

    Mike Algero

    Administrator (225) 219-3615

    Don Cowart

    Shreveport (318) 676-7467

    Bobby Kingham

    Lake Charles (337) 491-2712

    Ryan Brignac

    Lafayette (337) 262-1566

    Keith Bates, Todd Compton,

    Maureen Kennedy

    Baton Rouge (225) 219-3944

    LDEQ CRIMINAL INVESTIGATORS

    691

    386

    234219

    210

    201

    150

    120

    7565

    FY 15 Complaints OdorSewage

    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

  • LDEQ-CID Overview

    2

    Legal? Legal??

    Legal? Legal???

  • LDEQ-CID Overview

    3

    Legal??? Legal???

    •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)

    •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.

    La. R.S. 30:2025 (F)(1)(a):

    (Felony Penalty)

    http://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwiCx9PygcbLAhUCyyYKHQTcClUQjRwIBw&url=http://www.heavyequipmentforums.com/showthread.php?3129-Recycled-asphalt-(millings-grindings)&bvm=bv.116954456,d.eWE&psig=AFQjCNFxsBL8WStTNETGR004hYIZO-8hZA&ust=1458245368625966

  • LDEQ-CID Overview

    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

  • LDEQ-CID Overview

    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

  • LDEQ-CID Overview

    6

    False

    Statements

    Nathan Redwine

    • 5 years probation

    • $3000 criminal fine

    • 1/8 page add in newspaper

    Clean

    Water

    Violations

  • LDEQ-CID Overview

    7

    Tommy Francise

    1) $2500 fine

    2) $2700 to LDEQ for cost

    of investigation

    3) 3 years supervised

    probation & $60 per

    month supervision fee

    Deepwater Horizon

  • LDEQ-CID Overview

    8

    • 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

    BP Exploration and Production

  • LDEQ-CID Overview

    9

    • 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

    Joseph Jones Plaisance Development Corporation

    Before and

    After

    Before After

  • LDEQ-CID Overview

    10

    Before

    After

    Before After

  • LDEQ-CID Overview

    11

    Before After

    Before #1 Before #2

  • LDEQ-CID Overview

    12

    After

    • If you see or suspect illegal activity, please call LDEQ Toll Free at:

    1-888-763-5424 or 1-225-219-3640

    Emergency: (225) 925-6595 or (225) 342-1234

    • To call LDEQ –CID directly, dial 225-219-3944.

    • Jeff Nolan, Manager

    (225) 219-3939 or [email protected]

    • Mike Daniels, Criminal Attorney

    (225) 219-0301 or [email protected]

    mailto:[email protected]:[email protected]

  • LDEQ-CID Overview

    13

    LITTER ENFORCEMENT

    St. Tammany Parish

    St. Tammany Parish Litter Ordinance

    1. Established by Council and Adopted in 2001.

    2. Justices of the Peace & Constables Chief Litter Enforcement Officers for the Parish.

    CHAPTER 15 - Litter

    1. Simple Littering 15-001.06 (Civil)

    2. Commercial Littering 15-001.06 (Civil)

    3. Intentional Littering 15-001.03 (Criminal) 4. Gross Littering 15-001.04 (Criminal)

    How Do “I” Report Litter

    St. Tammany Parish – Website

    WWW.STPGOV.org Dept. of Environmental Services

    http://www.stpgov.org/

  • LDEQ-CID Overview

    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 7th Street in Slidell, La. Swimming Pool used to Bathe

  • LDEQ-CID Overview

    15

    Offender’s Home – No Running Water

    Investigating Tools

    1. Inter-net (most helpful)

    2. Sheriff run license tags

    3. Repeat Offender Database

    4. Subpoenas

    5. Knocking on doors

    SUBPOENA

    State of Louisiana ~ St. Tammany Parish ~ Third Ward Justice Court

    St. Tammany Parish________

    Petitioner

    Vs. Case No.: 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 CUSTODY AND CONTROL TO THIRD WARD JUSTICE COURT OF ST.

    TAMMANY, LOUISISANA ON OR BEFORE May 31, 2013.

    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. 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, 73477 TAMMY

    LANE, COVINGTON, LA. 70435, Phone (985) 892-4486 or Fax (985) 892-8426 or Email:

    [email protected]

    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.

  • LDEQ-CID Overview

    16

    Bush, Louisiana Hypodermic Syringes believed to be used Heroin

    Bush, Louisiana Evidence located within the dumpsite

    Electronic Waste Slidell, La.

  • LDEQ-CID Overview

    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

  • LDEQ-CID Overview

    18

  • LDEQ-CID Overview

    19

    Pat Brister

    Parish President

    St. Tammany Parish

    legal department

    P. O. Box 628

    Covington, LA 70434

    Phone: (985) 898-3427

    Fax: (985) 867-5124

    e-mail: [email protected]

    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: __________________________________________________

  • LDEQ-CID Overview

    20

    Litter Abatement

    • Supervisor C.J. – Employed by the Parish.

    • Crew of (8) to (11) Men & Women

    • 8 to 4 Misdemeanor Offenders

    • 22nd 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

  • LDEQ-CID Overview

    21

    DAMAGE DONE BY COOKING OIL

    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

    21490 Koop Drive

    Mandeville, La. 70471

    Phone: (985) 892-4486

    Fax: (985) 892-8426

    e-mail: [email protected]

    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 #01-0284 and/or #02-0551, Section: 15-001.00. 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, 2014 .

    Accused: __________________________ Date: ___________

    Witness: __________________________ 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 $50.00 to $500.00 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 $300.00 to $1,500.00 and sentenced to serve (16) sixteen hours of community service.

    Third offense ranges between $500.00 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 24-75 hours of community service,

    and/or Judgment/Lien filed on your immovable property.

    Court Fees: $ 50.00 Community Service: ________

    Fine~Bond: $ 100.00 Drivers Lic. Suspend: _______

    TOTAL: $ 150.00 Other: ___________________ Cash ________ Check _________ #__________ Money Order _________

    Mail Payment To: St. Tammany Parish Justice Court ~ P.O. Box 1133, Covington, La. 70434

    Fine/Court Fees: Make Check Payable to: St. Tammany Parish Justice Court

    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

    • Cases Investigated 385

    • Convictions 240

    • Amount Collected $21,920

    • Total Amount Collected Since Beginning of 2001

    • $180,000

    Year to Date 2016 • Cases Investigated 177

    • Convictions 89

    • Amount Collected $7,040

    • (To Date)

  • LDEQ-CID Overview

    22

    Contact Information

    Keep St. Tammany Beautiful (KSTB) Rick Moore – Executive Director

    21454 Koop Dr., Suite 1D

    Mandeville, La. 70471

    Phone: 985-898-5218

    Email: [email protected]

    Website: WWW.STPGOV.ORG

    “Laws without enforcement are just good advice”

    -Abe Lincoln

    mailto:[email protected]://www.stpgov.org/

  • LDEQ-CID Overview

    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

    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.

    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.

  • LDEQ-CID Overview

    24

    [email protected]

    225-219-0301

    mailto:[email protected]