ADEC Environmental Enforcement ADEC Environmental Enforcement Types - - PowerPoint PPT Presentation

Alaska Department of Environmental Conservation

Division of Administrative Services Environmental Crimes Unit

Alaska Department of Environmental Conservation

ADEC Environmental Enforcement ADEC Environmental Enforcement

Alaska Department of Environmental Conservation

Division of Administrative Services Environmental Crimes Unit

Types of Enforcement

• ADEC may pursue
• ADEC may pursue

– Administrative Ci il – Civil – Criminal

Alaska Department of Environmental Conservation

Division of Administrative Services Environmental Crimes Unit

Administrative Enforcement

• Administrative Enforcement is taken

Administrative Enforcement is taken by ADEC under its own authority, without involving a court process involving a court process

– The majority of ADEC's enforcement actions

Alaska Department of Environmental Conservation

Division of Administrative Services Environmental Crimes Unit

Civil Judicial Enforcement

• Formal lawsuits filed in court against persons
• r entities that have failed to comply with
• r entities that have failed to comply with

statutory/regulatory requirements or with an administrative order administrative order

– The court can assess a penalty or issue a court

• rder‐an injunction‐to require compliance

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Alaska Department of Environmental Conservation

Division of Administrative Services Environmental Crimes Unit

Criminal Enforcement

• Usually reserved for the most serious violations

that are willful or knowingly committed g y

– Court conviction can result in the imposition of fines and/or imprisonment

• Misdemeanors – Indv‐‐1 yr jail and/or $10K fine, up to 5 yrs

probation; Co‐‐$500K fine, or 3x times pecuniary gain

• Felonies – Indv‐‐no jail to life in prison w/o parole $5K fine

Felonies Indv no jail to life in prison w/o parole, $5K fine an up; Co‐‐max fines can easily approach $1M

Alaska Department of Environmental Conservation

Division of Administrative Services Environmental Crimes Unit

Environmental Crimes Unit

Investigates most significant and egregious violations of g g environmental laws that pose the greatest threat to human health and the environment

Alaska Department of Environmental Conservation

Division of Administrative Services Environmental Crimes Unit

Enforcement Team

• Inspector/Enforcement Officers
• Program managers

Program managers

• Technical experts

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• Law enforcement

– Investigators – Police

• Attorneys

Alaska Department of Environmental Conservation

Division of Administrative Services Environmental Crimes Unit

The Enforcement Funnel

Reports from the Public or Industry Reports from other Agencies Ob ti b ADEC I t Initial Investigation by ADEC Observations by ADEC Inspectors Initial Investigation by ADEC Unfounded Administrative Actions Civil Actions Criminal Investigations l Non‐Criminal in Nature Attorney General

Alaska Department of Environmental Conservation

Division of Administrative Services Environmental Crimes Unit

ADEC Structure

ADEC Admin Services Air Quality Water Environmental Health SPAR Services Health

IPP State Vet F d S f t Wastewater Cruise Ships Permits Monitoring IT Services Admin Services PERP CS Food Safety Drinking Water Solid Waste Pesticides Cruise Ships APDES Compliance Facilities Monitoring

Non‐Point Mobile Source

ECU

Alaska Department of Environmental Conservation

Division of Administrative Services Environmental Crimes Unit

How You Fit into the Picture

The emissaries for the environment in your y communities or

• rganizations.

Eye Witnesses y

Alaska Department of Environmental Conservation

Division of Administrative Services Environmental Crimes Unit

Environmental Crimes Unit

Chief Investigator Mike Charland 907‐269‐7567 Investigator Parrish Moses 907‐451‐5157 ADEC Website h //d l k / http://dec.alaska.gov/