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transcript
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 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
LDEQ-CID Overview
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Legal? Legal??
Legal? Legal???
LDEQ-CID Overview
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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)
LDEQ-CID Overview
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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
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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
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False
Statements
Nathan Redwine
• 5 years probation
• $3000 criminal fine
• 1/8 page add in newspaper
Clean
Water
Violations
LDEQ-CID Overview
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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
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• 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
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• 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
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Before
After
Before After
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Before After
Before #1 Before #2
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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 jeffrey.nolan@la.gov
• Mike Daniels, Criminal Attorney
(225) 219-0301 or mike.daniels@la.gov
LDEQ-CID Overview
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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
LDEQ-CID Overview
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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
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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:
remoore@stpgov.org
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
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Bush, Louisiana Hypodermic Syringes believed to be used Heroin
Bush, Louisiana Evidence located within the dumpsite
Electronic Waste Slidell, La.
LDEQ-CID Overview
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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
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LDEQ-CID Overview
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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: litter@stpgov.org
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
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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
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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: litter@stpgov.org
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)
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Contact Information
Keep St. Tammany Beautiful (KSTB) Rick Moore – Executive Director
21454 Koop Dr., Suite 1D
Mandeville, La. 70471
Phone: 985-898-5218
Email: REMOORE@STPGOV.ORG
Website: WWW.STPGOV.ORG
“Laws without enforcement are just good advice”
-Abe Lincoln
LDEQ-CID Overview
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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.