integrating environmental law enforcement into your response mission
DESCRIPTION
How to integrate all aspects of environmental law enforcement into various public safety response missions at the local and state level.TRANSCRIPT
Let’s All Get Going in
the Right Direction
1
What is Environmental
Law Enforcement?
2
A system of laws and
corresponding activities
that guide government
actions designed to
minimize human impact on
the environment
3
Protect public health, welfare and
the environment
Mitigate, minimize environmental
damage
Environmental Law Enforcement
Strategic Objectives
4
Achieve compliance with
laws, regulations, and codes
Environmental Law Enforcement
Tactical Objectives
5
Environmental Law Enforcement
Tactical Objectives
Deter future non-compliance:
Enforce existing law Education
6
Environmental Law Enforcement
Tactical Objectives
Level playing field by solid field
investigation work:
Gain compliance via prosecution and
punishment
7
Integrating Environmental
Law Enforcement into Your
Response Mission
8
“I’ll take things that keep us
from doing our job for $500 Alex.”
Two Major Challenges for Environmental Law Enforcement
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Emergency and complaint response
to environmental incidents are
demanding on many levels.
Challenge #1
10
Laws are complex, jurisdictions
are cloudy, misconceptions and
miscommunication abound
between responders,
regulators, investigators, and
prosecuting attorneys.
CHallenge #2
11
Class objective
Recommend innovative
ways to successfully
conduct and/or assist in
the investigation and
eventual enforcement of
environmental law,
regulations and codes.
12
Ensures Best Practices &
Sustainability:
Area specific protocols
Limit necessary staff
Manage time & money
Class objective
13
Consistent with primary mission
Rules review independent
Flexible for area needs
Class objective
Recommendations are...
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positive outcomes
Community Relations
Environmental Protection Accomplishments
Penalize offenders
Penalties & costs from prosecutors
Good Government
A “Whole Community” approach to gov’t15
Course ModulesCourse ModulesCourse Modules# Title Take Home Message
1 The Role of Public Safety During Complaint Response, Investigation and Environmental Emergency Response
ELE case identification, reporting and collecting the
initial evidence
2 Incorporating Environmental Law Enforcement into Your Agency: SOPs and Training
How and why it can work
3Dissolving Myths and Misconceptions: Interagency
Communications between Cops, Firefighters, Regulators and Prosecutors
Potential roadblocks: plow through or drive around
4A Regional Approach in San Diego, CA:
Civil & Criminal Investigation and Eventual Prosecution of Environmental Cases
Recommendations from real-world experiences
16
Student Introductions
Name, 0rganization & Job Title
Training or Experiences with
Environmental Law Enforcement
Specific challenges you face
17
MODULE ONE: Roles
18
First Response paradigm-shift
19
Anticipate lifecycle of incident & investigation
Investigation & enforcement actions outside primary mission
Focus on primary mission; but not exclude future actions
20
Environmental Law
Enforcement
Roles for Public Safety
critica
l Fa
ctor
s
21
Knowing when & who to report
Preventative education to responsible party
First responder activities
22
Basic understanding of ELE
Collection of key *informational* evidence
First responder activities
23
ELE success
Sustain lifecycle of the
incident/case with
pre-negotiated tasking
24
Enforcement
Components of the lifecycle
25
First responders should not be
expected to obtain
environmental samples
Initial informational evidence
collection is far more important
Critical To Success
26
Note: Failure of initial
evidence collection can
negatively impact a potential
enforcement case early
27
On-si
te T
asking
First Responders:
Preservation of on-site data & samples
Designated First responders:
Assist info/sample evidence collection
Regulatory Responders:
P0C for ELE evidence collection
28
ELE activity
continuum Investigation Initiation
Regulatory Reporting
0n-Site Expectations
Evidence Collection
Case Referral
Incident/Case Identification
29
ELE incident/case Identification
Trust responder experiences:
Notification to other gov’t officials critical
Anything may be considered a pollutant and therefore regulated
30
ELE incident/case Identification
Many responders encounter violations
of law but self-determine importance
Avoid deciding what is a ‘big-deal’
Environmental laws differ from most laws
Many regulatory agencies legally required to investigate
31
ELE Investigation Initiation
Seemingly insignificant event
Case development procedures
Regulatory reporting
Subject matter expert (SMEs)
32
For all oil & hazardous
material incidents
Regulatory Reporting
(800)424-880233
Battery disposal
Sewage discharge (facility/vessel)
Vessel bottom sanding
Restaurant waste
Scuttling / sinking of vessels
Trash / plastics / debris disposal
Improper storage of chemicals or oil
Building code violationsRegulatory Reporting
Regulatory Reporting
34
Storm water discharges
Runoff management
Surface water body rerouting / filling
Dumping
Work-site injuries
Pesticide use / application / sales
Transportation & hazard communication
On-site treatment bypassRegulatory Reporting
Regulatory Reporting
35
On-Site Expectations
Negotiate with regulatory
agency on specific actions
Designated first responder:collect and hold evidence
Determine expanded regulatory investigation: on-call response vs. business hours
36
on-site Tips & TRICKS
37
Interviews of potentially responsible parties
Witness statements from all parties on-site
at time of incident
Photos and videos of on-site conditions:
Focus on documenting environmental damage & potential cause (not always obvious)
Treat every case as a possible crime
38
Follow your instincts
Don’t give up asking questions, follow up!
Can you verify/validate the information?
Corroboration?
Find an SME for that “is this a deal?” factor
39
0ne moment in time...40
Without specific training, do not
determine on your own what constitutes a
violation or an environmental problem
Frequent oil sheen + 5 days = 1 large spill
41
On-Site Education
Appropriate during complaint response
Not applicable all situations
Not to be confused with outreach
42
Responders have duty to educate public on acceptability of certain actions
Initial informational evidence collection can be
used to educate responsible party in order to
prevent future incidents
On-Site Education43
Initial Evidence
Collection form
44
Responders should refer cases:
regulatory agenciescivil/criminal investigators
Responders & Investigators:
Mutual respect & knowledge of mission sets
45
ELE regulatory agencies/
departments rely on incident
referrals: typically only happen
after consistent education and
training
46
If referral doesn’t seem to go anywhere, visit prosecuting
attorney in person
Follow up
47
Repeat offenders are only
repeat offenders because illegal
behavior is tolerated
48
Knowing who to call is half the battle!49
ELE agencies rely on first
responders because they
alone may have access to
evidence that can make or
break an enforcement case
50
MODULE Two: SOPs & Training
51
What Makes a Regional ELE Program Successful?
52
Incorporating environmental law
enforcement principles into
the daily routine via
S0Ps, training & exercises
Education
Investigation
Enforcement
53
What constitutes an ELE incident/case
What constitutes protection of human
health, welfare and the environment
Conducting joint training
Ensuring guidance, S0Ps and leadership
Education54
Investigation
Consistent collection of initial evidence
Incident/case reporting and referral
Mutually beneficial and reciprocal training
55
Enforcementvia penalties/prosecution
56
Incentives for working within a Regional ELE
Program
57
Deterrent for environmental crime
Positive, pro-environmental protection
press releases to local media
Press releases following enforcement
‘doubles down’ on deterrent + penalties
Potential for restitution
58
Recommendations for first Responders
59
Voluntary ELE
Coordinator
60
Agency specific S0Ps
61
Evidence collection kit
with referral
procedures
62
Prosecutors office/env.
agencies training
63
Attend Advanced
Environmental Crimes
Training Program
64
Attend Environmental
Task Forces
65
Create scenario based
training for training
exercises, table tops,
resource deployments66
M0As/M0Us
67
take hom
e message
s
Accepting ELE additional duties
Bad economy = regulations bad
education, investigation
and enforcement
68
take hom
e message
sRoutine Participation
Restitution & Settlements
Management SupportDaily Operations
69
MODULE threeDissolving Myths and Misconceptions
70
Typically don’t work together or in concert
Mismatched readiness posture
Different missions
Lack identical operational model
ELE program will require
coordination and cooperation
71
Routine interagency
partnerships breed
mutual understanding of
mission requirements
72
Interagency Coordination and Cooperation
Pre-incident comms & data sharing
Task forces
Ride-alongs
Business meetings
Facility tours
and...
73
Training opportunities 74
Continuity for the regional ELE
incident/case referral process 75
Seemingly benign environmental issues
76
Prohibited effluent that
are commonly discharged77
Making sense of environmental
laws, regulations and codes
78
Miscommunication
Regulatory/scientific language
Legalese & prosecutorial priorities
Response vs. regulatory posture
Referred case unsuccessful
79
Miscommunication
Industry objections/obfuscation
Public safety vs. enforcement
Regulatory vs. enforcement
80
Reaching a Common Goal
The goal is compliance!
Fair & consistent enforcement is key
Enforcement will reverberate thru regulated community
Lessen the frequency & number of repeat offenders
81
Reaching a Common Goal
Effective ELE cannot be
accomplished by any one agency
at any one level of government
82
Common operational picture
Environmental Task Forces83
Whole Community Approach
Post-prosecution press releases can
garner public outreach and support
Public education of potentially
responsible parties:
Regulated and non-regulated
84
Module
Example Approaches to Integrating ELE
85
Post Deepwater Horizon Reorganization of Minerals Management Service inside Department of the Interior
New Bureau, new organization
One set of rules: 30 CFR 254
Compliance Verification Procedures Lacking
No standardized processes: Gulf, CA & AK
Challenges:
86
National
Approach:
Form Based SOPs5 Capabilities + Enforcement
87
A Regional Approach:
A look at San Diego’s approach to Environmental
Law Enforcement
88
Task Forces:
Environmental Crimes Task ForceMarine Environment Task ForceAbandoned Vessel Guidebook
89
90
Training:
At Task ForcesRecruiting for EPA-CID AECTP
Port of SD Harbor PoliceSDPDHULifeguards
Oceanside PD
91
Field exercises:
Investigation & enforcement activities92
Cases referred & prosecuted:
Joint press releasesRestitution/Settlements
93
A formA procedure
A booklet or flowchart
Consistent TrainingConsistent Inter-Agency Outreach
Consistent Participation (Just be there!)Consistent Support
Follow Up
Work towards establishing a reasonable expectation for ELE related actions from first responders
Provide feedback loop for case progress and results
94
Protect public health, welfare and
the environment
Mitigate, minimize environmental
damage
95
Contact information:
Jereme M. Altendorf
Phone: 619-630-5325Email:
[email protected]@regulatoryconsultants.org
Twitter: @AltRegConsult
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