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Environmental crime case Environmental crime case

Poisoning of Poisoning of aa Person Near the Brewery Person Near the Brewery

Croatia, Croatia, Ministry of Environmental Protection, Ministry of Environmental Protection, Physical Planning and ConstructionPhysical Planning and Construction

ECENAECENA TRAIN THE TRAINER TRAIN THE TRAINER PROGRAMME ON PROGRAMME ON ENVIRONMENTAL CRIME ENVIRONMENTAL CRIME 10-12, November 2009,10-12, November 2009,Vienne/Linz, AustriaVienne/Linz, Austria

Anita Pokrovac Patekar, MEPPPCBrigitte Mrvelj Čečatka, MEPPPCZorana Mađerić, Misdemeanour CourtHrvoje Filipić, Ministry of Interior

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Content

Authorities which took part in actions Action taken which led to a prosecution -

investigation - expertise Measures taken and the Court Cases Consequences Discussion Conclusion

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Authorities

Authorities which took place in the actions:

112 Service of National Protection and Rescue Directorate

Police, Investigational Judge, Regional State Attorney

Eko – Headquarter Environmental Inspector, Water Protection

Inspector National Institute of Public Health National Institute of Toxicology Misdemeanor Court, Criminal Court

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Action taken

24.02. Friday - Police: Received a phone call from 112 – dead dog and his

owner were found in the street near the stream in vicinity of the Brewery

Checking a place where man was found Went to hospital

Environmental inspector: Went to Brewery – nobody responsible for environmental protection was present

Institute for Public Health - took samples of water from the stream

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Action taken - Investigation

24.02. Friday - afternoon Police interviewed Doctor – inquiring a possibility of

some other substance poisoning Investigation at the Brewery’s ammonia installation –

nothing unusual was found Director of the Brewery was interviewed and also 4

other managers of the company.

Authorities were informed: Investigational Judge and State Attorney OfficeAlso Water Protection Inspector, Veterinarian inspector,

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Action taken - Investigation

25.02. Saturday Police interviewed people living next door to the Brewery

26.02. Sunday – Public Attorney All documentation relating production and use of

ammonia was exempted with court order

27.02. Monday Presenting history of disease a suspicion on ammonia

poisoning was rejected by doctor! Investigation took new direction.

Extended meeting of Eko-Headquarter was held – DECIDED TO SET A MOBILE UNIT FOR AIR QUALITTY

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Action taken-Investigation

28.02.-01.03. Hole range of activities undertaken

Environmental inspector was checking in details the ammonia installation - no evidence

Soil, water and wastewater drainage system sludge were taken by National Institute for Public Health in presence of water protection inspectorate – no evidence

Surveillance camera records were checked by police – no evidence

Responsible persons and other employees from a Brewery were interview – no evidence

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Action taken- Investigation

01.03. - afternoonPOLICE RECIVED AN INFORMATION FROM INSIDE THE BREWERY ON IRREGULAR OUTCOME OF CARBON DIOXIDE (CO2)!!

Investigation was proceeded in the presence of representatives of all Institutions at the Brewery site.

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Investigation - expertise

fermentorinst.

liquified CO2

insta.

impure CO2

pure CO2

sewage

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Investigation - expertise

fermentor inst.

liquified CO2

inst.

impure CO2

pure CO2

sewage

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Investigation - measurements

fermentorinst.

liquified CO2

inst.

impure CO2

pure CO2

sewagesamples

samples

samples

samples

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Investigation - measurements

fermentorinst.

liquified CO2

impure CO2

pure CO2

sewage

CO2 - 1,7%O2 – 4,3%

CO2 - 1,1%O2 – 10,8%

CO2 – 0,2%O2 – 19%

CO2 – 0,7%O2 – 15%

CO2 – 0,1%O2 – 19,7%

Measured after the emission to sewage was stoped

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Investigation - conclusion

Impure CO2 pipeline was redesigned Pure CO2 pipeline was redirected to impure CO2 pipelineThere was a link between impure CO2 pipeline, sewage and stream Pipe in sewage CO2 – 0,7% O2 – 15%Pipe in air CO2 – 0,1% O2 – 19,7%

Average conc. in atmosfere 0,03%Max. allowed conc. 0,5%Death causing conc. 8-10%

CO2 has no colour no smell, it can be dissolved in water, 1,5x heavier than air and it tends to accumulate in depressions, it can lead to suffocation.

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Measures taken

Carbon dioxide emission into drainage system were forbidden

It was ordered to make the discharge pipe at least 25 m from ground

Air quality monitoring was ordered

In 4 day time the recuperation installation (liquified CO2) was to be put in function

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Measures taken

CROATIAN LEGAL SYSTEM – 3 levels

Inspectors Decision → Administrative court

An Official letter was sent to Misdemeanor Court → High Misdemeanor Court

State Attorney pressed criminal charges against legal person and 5 responsible persons at Criminal Court → in progress

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Measures taken and Court Cases

Official Decision for the operator to temporarily stop using installation for fermentation was given by Environmental Inspectorate → Administrative court

At the Misdemeanor Court legal person and the natural

person - found guilty and fined. Legal person 80.000 kn (10.000 €) and responsibile person 20.000 kn (2.700 €)

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Measures taken and Court Cases

State Attorney pressed - criminal charges against legal person and 5 responsible persons for committing serious criminal offence against general safety of people taking unsafe action which caused a death of a victim instead of crime against the environment.

Legal person is prosecuted for not disposing CO2 in a safe way (Act about responsibility of legal persons for criminal offences)Possible sanction 3 to 12 years imprisonment for responsibile person, and 20.000 to 5 million kn (2.700 to 670.000 €)

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Consequences

Victim died consequently from oxygen insufficiency on 23th March.

Trial at the Criminal Court is still in progress.

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Discussion – low points of the investigation?

Can we have a beer ?

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Conclusions

Irresponsible behavior of the operator

Not recognizing the crime, not applying the procedure and lack of expertise

Lack of coordination and cooperation

Not qualifying the crime as environmental one although there was the possibility of art. 254.

THE OUTCOME OF THIS CASE WILL EFFECT THE MANER OF OTHER OPERATOR BEHAVIOR!!!

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Thank you for your attentionThank you for your attention