Prosecuting Environmental

Crimes in Harris County Pam Paaso, Assistant District Attorney

Harris County District Attorney’s Office

Environmental Enforcement

in Harris County Types of Cases:

• Illegal Dumping

• Water Pollution

• Used Oil Act Violations

• Hazardous Waste

• Air Pollution

Environmental Enforcement

in Harris County Who investigates:

• HPD Environmental Enforcement

- Civilian Inspectors / Certified Peace Officers

• Harris County Constable Precinct 1

- 2 Deputies

• Harris County Pollution Control Services

• Texas Parks and Wildlife

• TCEQ

• EPA

Environmental Enforcement

in Harris County

• 3 Assistant District Attorneys

- Roger Haseman, Chief

- Eric Bily

- Pam Paaso (80% funded by Houston Galveston Area Council Grant)

Environmental Enforcement

in Harris County Illegal Dumping: Texas Health & Safety Code § 365

Environmental Enforcement

in Harris County Illegal Dumping: Texas Health & Safety Code § 365

Receives, transports or disposes of litter/waste

• Class B = 5 to 500 lbs. : 6 months HCJ / $2,000

• Class A = 500 to 1,000 lbs. : 1 year HCJ / $4,000

• State Jail Felony = ≥ 1,000 lbs. : 180d STJ / $10,000

Environmental Enforcement

in Harris County Illegal Dumping: Texas Health & Safety Code § 365

•Commercial Dumping:

- Under 200 lbs. : Class A

- 200 lbs. or more: State Jail Felony

• Corporations: up to $20,000 on SJF

• Misdemeanors can be Strict Liability Cases

Environmental Enforcement

in Harris County Water Pollution: Texas Water Code § 7.145, 7.147

Environmental Enforcement

in Harris County Water Pollution: Texas Water Code § 7.145, 7.147

Discharges or permits discharge of waste/pollutant

into or adjacent to water of the state

Special Misdemeanor: Strict Liability

- Individual: 1 year HCJ / $1,000 - $50,000

- Corporation: $1,000 - $100,000

• Felony:

- Ind.: up to 5 years TDC, $1,000 - $100,000

- Corporation: $1,000 - $250,000

Environmental Enforcement

in Harris County Used Oil Act Violation: Texas Water Code § 7.176

• Knowingly dispose of oil on land or in water

• Commingle used oil with other solid waste

• Fail to store used oil in accordance with

used oil management standards

Special Felony:

up to 5 years TDC,

$1,000 - $100,000

Environmental Enforcement

in Harris County •Two initiatives:

- HPD Chronic Dump Site Camera Program

- Apartment Complex Sewage Cases

Environmental Enforcement

in Harris County Chronic Dumping Camera Program

• Funded as a Supplemental Environmental Project

(SEP) - penalties specifically designated for

environmental projects

• About a dozen cameras in various locations

• Chronic dump sites are targeted

• Cameras are able to capture both the license

plate of the vehicle and the offense

Environmental Enforcement

in Harris County Chronic Dumping Camera Program

Environmental Enforcement

in Harris County Chronic Dumping Camera Program

Environmental Enforcement

in Harris County Chronic Dumping Camera Program

In 2012, HCDAO filed 94 illegal dumping cases using chronic dump site cameras

Environmental Enforcement

in Harris County Water Pollution – Apartment Complex Cases

• Focused on properties that are repeatedly cited by

the City of Houston for water pollution violations

• Investigations may be referred by individual

residents or city inspectors

Environmental Enforcement

in Harris County Water Pollution – Apartment Complex Cases

• The Problem:

- Old plumbing systems pushed to their capacity

- Sewage blockages released by opening

clean-out pipes

- High concentrations of E. Coli in soil and

common areas in the apartment complexes

- Determining whom to hold responsible

(owners and/or property managers)

Environmental Enforcement

in Harris County Water Pollution – Apartment Complex Cases

Environmental Enforcement

in Harris County Water Pollution – Apartment Complex Cases

• Our approach:

- Asking for compliance at the time of inspection

- Taking into account the challenges facing those

operating the facilities

- Considering the cost of remediation in any

plea negotiation

- Focusing on repeat offenders and companies

with multiple properties under investigation

Environmental Enforcement

in Harris County Water Pollution – Apartment Complex Cases

Environmental Enforcement

in Harris County 2012 Statistics:

• 619 Cases Filed and/or Disposed

- 345 Illegal Dumping

- 183 Water Pollution

- 43 Air Pollution

- 16 Used Oil Act Violation

- 1 Hazardous Waste

- 31 Other

Environmental Enforcement

in Harris County 2012 Statistics:

• Dispositions

- 1,738 days in Harris County Jail

- 12 months in State Jail

- 28 days in TDC

- 252 months DADJ

- 150 months Probation

Environmental Enforcement

in Harris County 2012 Statistics:

•Dispositions

- $213,775 in Fines

- $124,092 in Restitution

- $668, 260 in Community Service /

Remediation

- $937,456 in Supplemental Environmental

Projects

Prosecuting Environmental

Crimes in Harris County

Questions?

Harris County District Attorney’s Office

Environmental Crimes

713-755-5834