LDEQ-CID Overview

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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

LDEQ-CID Overview

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Before After

Before #1 Before #2

LDEQ-CID Overview

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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

LDEQ-CID Overview

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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

LDEQ-CID Overview

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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)

LDEQ-CID Overview

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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.

LDEQ-CID Overview

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mike.daniels@la.gov

225-219-0301