Salt Lake County Health Department Environmental and Health Unit - - PowerPoint PPT Presentation

Salt Lake County
 District Attorney’s Office

• Environmental and Health Unit

Salt Lake County Health Department

Introductions

• Sgt. Alex Huggard, Criminal Investigator

Salt Lake County District Attorney’s Office

2001 S. State Street, S3600 Salt Lake City, Utah 84190 Office (385)468-7764 Cell (801)201-1548

• Ronald Lund, Enforcement Coordinator

Salt Lake County Health Department Environmental Health Division 788 E. Woodoak Lane Murray, Utah 84107 (385)468-3902 (801)231-8316 24-Hour (801) 580-6681

Environmental Crimes Task Force

⦿Originated in 1991 ⦿Jurisdiction of Salt Lake County ⦿Jointly organized by Salt Lake County Attorney’s Office

& Health Department

⦿Recognized by County Commission in 1992 ⦿Primary Goal

• Exchange information to support environmental enforcement

Task Force Benefits—It’s about WE

• Partners bring additional enforcement tools
• Group addresses problem
• One voice
• Educational opportunities
• Promotes improving the environment

Enforcement Action without an

• rdinance
• Look to partners
• Health Department can enforce:
• DEQ Rules
• State Laws related to environment
• Write Regulations
• Adopt a regulation that works for you
• 97% have an ordinance

Escalating Enforcement Action

• Administrative:
• Warning Letter
• Notice of Violation
• P2 plan
• Use Partners Tools
• Clean Water Act
• Enhancements
• Penalties
• Criminal
• Need Negligence
• History
• Facts

Need to be deputized, to enforce an

• rdinance???
• If civil or administrative process
• No, follow policy and legal counsel
• Salt Lake City NOVs for not following ordinance
• Criminal
• Yes, develop & use partners
• Murray City—Code enforcement issues discharge

citation

• South Salt Lake—Use police

Does a Registered Stormwater Inspector have the legal authority to issue a criminal fine and participate

• n a criminal prosecution?
• Criminal Fines defined in statute
• Judge Decides
• Clean Water Act criminal penalties more significant
• If RSI involved in case with citation or criminal filing,

then you are the expert and the witness

Criminal vs. Civil Statute
 Carpet Cleaning Case

Criminal vs. Civil Statute
 Carpet Cleaning Case

• Criminal
• Filed against employees
• Notice of Violation—Administrative (Civil)
• Filed against the company
• Pollution Prevention Plan
• Penalty $4,422

Right of entry to private property

• Seek legal counsel
• 19-5-113

Elements of Citation or NOV

Citation Notice of Violation

• Date
• Person Name
• Date of Birth
• Location
• Violation
• Signatures
• Legal Authority
• Findings of Fact
• Determination of Violations
• Order
• Right to Appeal
• Signed by Agency

Documentation

• Notes
• Pictures
• Witness Statements

Questions?