GREEN CRIMES LITTERING ON Larry Baldwin Northeast Region Criminal - - PowerPoint PPT Presentation

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GREEN CRIMES LITTERING ON Larry Baldwin Northeast Region Criminal - - PowerPoint PPT Presentation

Aug 22, 2023 206 likes •460 views

LDEQ-CID Overview INSPECTIONS REGIONAL OFFICES LDEQ CRIMINAL INVESTIGATORS An Overview of Environmental GREEN CRIMES LITTERING ON Larry Baldwin Northeast Region Criminal Investigations (318) 362-5439 STEROIDS Larry Baldwin Don Cowart

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LDEQ-CID Overview 1 An Overview of Environmental Criminal Investigations October 27, 2016

LITTERING ON STEROIDS

Jeffrey T . No Nolan, Manager LDEQ EQ- Cri rimi minal Investi tigati tion Division Mike Daniels, Cri rimi minal Att ttorney LDEQ EQ- Cri rimi minal Investi tigati tion 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

691 386 234 219 210 201 150 120 75 65

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

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LDEQ-CID Overview 2

Legal? Legal?? Legal? Legal???

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LDEQ-CID Overview 3

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
  • f 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)

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LDEQ-CID Overview 4

  • 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,
  • r 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

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LDEQ-CID Overview 5

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
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LDEQ-CID Overview 6

False Statements

Nathan Redwine

  • 5 years probation
  • $3000 criminal fine
  • 1/8 page add in newspaper

Clean Water Violations

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LDEQ-CID Overview 7

Tommy Francise

1) $2500 fine 2) $2700 to LDEQ for cost

  • f investigation

3) 3 years supervised probation & $60 per month supervision fee

Deepwater Horizon

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LDEQ-CID Overview 8

  • 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

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LDEQ-CID Overview 9

  • Jones and PDC were convicted by a state district court jury
  • f 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

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LDEQ-CID Overview 10

Before After

Before After

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LDEQ-CID Overview 11

Before After Before #1 Before #2

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LDEQ-CID Overview 12

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

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LDEQ-CID Overview 13

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
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LDEQ-CID Overview 14

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

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LDEQ-CID Overview 15

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.

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LDEQ-CID Overview 16

Bush, Louisiana

Hypodermic Syringes believed to be used Heroin

Bush, Louisiana

Evidence located within the dumpsite

Electronic Waste

Slidell, La.

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LDEQ-CID Overview 17

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
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LDEQ-CID Overview 18

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LDEQ-CID Overview 19

Pat Brister Parish President

  • St. Tammany Parish
legal department
  • P. O. Box 628
Covington, LA 70434 Phone: (985) 898-3427 3427 Fax: (985) 867 67-5124 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: __________________________________________________
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LDEQ-CID Overview 20

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

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LDEQ-CID Overview 21

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 4486 Fax: (985) 892-8426 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
  • ffense 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
  • ffense 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)
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LDEQ-CID Overview 22

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
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LDEQ-CID Overview 23

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

  • r 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,

  • r 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.

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LDEQ-CID Overview 24

mike.daniels@la.gov 225-219-0301