integrating environmental law enforcement into your response mission

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

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“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

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Laws are complex, jurisdictions

are cloudy, misconceptions and

miscommunication abound

between responders,

regulators, investigators, and

prosecuting attorneys.

CHallenge #2

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Class objective

Recommend innovative

ways to successfully

conduct and/or assist in

the investigation and

eventual enforcement of

environmental law,

regulations and codes.

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Ensures Best Practices &

Sustainability:

Area specific protocols

Limit necessary staff

Manage time & money

Class objective

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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

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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:

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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

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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

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Protect public health, welfare and

the environment

Mitigate, minimize environmental

damage

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Contact information:

Jereme M. Altendorf

Phone: 619-630-5325Email:

Jereme.Altendorf@bsee.govAltendorf@regulatoryconsultants.org

Twitter: @AltRegConsult

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