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Ohio Homeland Security State Solid Waste Management Advisory Council Meeting Ohios New Scrap Metal Law Slide 2 The Problem: The National Insurance Crime Bureau (NICB) ForeCast Report ForeCast Report Data collected from 1 January 2010 31 December 2012 suggests that: Ohio ranked #1 in nation for scrap metal theft insurance claims. Columbus- 13 th Cleveland- 9 th Cincinnati- 6 th Scrap metal thefts relation to other crimes: Positive correlation with drug use Slide 3 Why is Ohio Homeland Security Concerned With Scrap Metal? Virtually every aspect of critical infrastructure is affected by scrap metal theft Telecommunications Energy Electricity Dams Nuclear Power Plants Transportation Emergency Services 12 June AEP reports: 1,400 Fairfield 1,400 Hocking 5,000 Athens Approximately 100 - Vinton AEP Ohio reported that the power outage was the result of a copper theft at the companys Kimberly Station near Nelsonville. An assessment has revealed extensive damage, the news release said. - The News Center Slide 4 Economic consequences for scrap metal theft within utilities can be immense. According to perimeter security companies, the cost of repairing damaged transformers or substations can run anywhere from $500,000 to $11 million annually. This year alone we have experienced over 26 separate substation break-ins in Northern Ohio Damages and threats are so extensive that the federal government can and is seeking to prosecute offenders under Title 18, U.S. Code, Section 1366 titled Destruction of an Energy Facility Slide 5 In 2007 thieves removed 300 feet of copper wire from a Federal Aviation Administration tower in Ohio, threatening to interrupt communications between in-flight aircraft and air traffic controllers. Thieves are brazen enough to steal metal off of a home during the day and although this 12 year-old girl captured the event, what if the criminal saw her and panicked? Would she still be here? Slide 6 Response Objective: Identify the nature of the problem Scrap dealers role Security Impacts Need for working relationships between local law enforcement, yards, prosecutors Driving forces of the problem No single factor accounts for the rise in scrap metal theft. Instead a combination of factors including: The international market Increased opportunity Weak regulation of the industry Increase in property foreclosures Drug use Season Like most other crime, as long as there is money to be made, it will continue! Slide 7 In volume, Copper is the third most recycled metal after Iron and Aluminum because it is 100% recyclable regardless of its state. Slide 8 Problem Analysis Triangle Slide 9 The Law Overview of the changes and why Integrated view of law and relationships of yards, Local Law Enforcement, Yards, Prosecutors, Courts How law can be utilized by Local Law Enforcement Penalty structures Registration Registry Collaboration of Local Law Enforcement and Yards Slide 10 OHS has been tasked with: Creating and maintaining the databases associated with the law Supporting law enforcement efforts to enforce the law As long as scrap metal dealers are willing to pay for stolen property, scrap metal theft will continue Who is Regulated? Scrap Metal Dealers Bulk Merchandise Container Dealers Combination "Scrap metal dealer" means the owner or operator of a business that purchases or receives scrap metal for the purpose of sorting, grading, and shipping metals to third parties for direct or indirect melting into new products. -Overview of the Law- Slide 11 Overview of the Law Continued Senate Bill 193: November 2012 ORC 4737 Important Dates: 1.1 January 2013 Scrap Metal Dealers must register with the Ohio Department of Public Safety 2.1 January 2014 Statewide Do Not Buy Lists available Dealer Daily Transaction Upload Database available o Scrap dealers must upload a digital list, including images, of their daily transactions Slide 12 Overview of Databases Contact Information Management System (CIMS) Free Mobile Open to all LE personnel Scrap Dealer Registry Cant address what you cant find! Estimated between 700 and 2,000 dealers in the state of Ohio Must register with state and display certificate at place of business in plain sight Previous law had no teeth Felony 5 for non-compliance This information will be searchable anytime by LE from any device with an internet connection 347 Slide 13 Slide 14 Dealer Daily Transaction Database Dealers will be required to record their daily transactions electronically and then upload them to OHS This information will be searchable anytime by LE from any device with an internet connection INCREASE NUMBER OF REGISTERED DEALERS=INCREASE IN COLLECTED DATA Communicating with local SOs Communicating with local SOs Communicating with dealers Communicating with dealers Making list of registered dealers Public Records Making list of registered dealers Public Records Communicating with County Auditors Offices Communicating with County Auditors Offices Currently: 88 Counties 13 Counties without any dealers registered 5 Additional counties have confirmed that no dealers operate within their jurisdiction Slide 15 Surrounding States Slide 16 Major Changes Photograph of seller must be taken at point of sale Yards must use a commercial scale (Auditors seal) Additional ISRI codes and SPAs, including burnt wire Bulk merchandise containers are now included SPA transaction reporting Statewide yard registration Electronic reporting to Ohio Department of Public Safety (ODPS) Registry (using ISRI codes) Annual ODPS fees ($200 initial, $150 renewal) Mandated use of ISRI scrap theft alerts Stronger penalties for thieves and yards Level playing field for all yards Level playing field for all yards Slide 17 Laws that did NOT change Most (about 95%) of the 2008 law remains the same, including transaction records Base transaction information required Records inspections by LLE Records retention (shorter time post-registry) SPA handling photo of SPA proof of ownership delay pay by check No Tag & Hold or Pay by Check (except for SPAs) Exemptions to law (industrial, commercial, government, charity) Do Not Buy List Requirements (Court records integration) Slide 18 Increased Communication is Key ISRI and STAs Institute of Scrap Recycling Industries ISRI Institute of Scrap Recycling Industries ISRI Scrap Theft Alerts STA Scrap Theft Alerts STA STA STA ISRI ISRI OHS OHS ISRI STAs will be received and retransmitted through CIMS and LEADS for LE and Dealers ISRI STAs will be received and retransmitted through CIMS and LEADS for LE and Dealers Same situational view Same situational view Slide 19 Sharing information in real time Collecting and recording information Thefts Recoveries scrap metal transactions Slide 20 Contains: General Description Images Location Event details LE POC Slide 21 Process Have the ability to transmit a LE enhanced version of this information Benefits? Slide 22 What we are doing? Partnering Adjacent States FBI NEORFC Private Partners Attacking the money Compliance Checks/Sting Operations Using resources at hand Building law with members of interested parties OSP Caravan Plane Ohio Daily Brief Product description Contacted by NICB-Northeast Region to do presentation in June Partnering through education and information sharing Slide 23 Overall Objectives Develop relationship between dealers and local law enforcement Identify and respond to non-compliant yards Protect Critical Infrastructure Protect services to Ohio Citizens Support all interested parties with accurate and timely information Slide 24 Ben Hoffman Public Safety Intelligence Analyst Strategic Analysis and Information Center (Email) BMHoffman@dps.state.oh.us (Phone) 614.644.3894 Questions? Contact Info