EPA Criminal Enforcement: Protecting People and the Environment

[MUSIC] [MUSIC] Male TV anchor: “Millions of gallons of brown crude are now coating birds and other wildlife and polluting the marshes.” Male TV anchor: “Investigating the death of a 4-year-old Layton girl and right now, it looks like a pesticide seeping into her home is the cause.” Female TV anchor: “According to the Environmental Protection Agency it’s used in all 50 states and in order to use treated waste on land one must meet strict federal criteria.” [MUSIC] JULIE: THE MISSION OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY IS TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT. JEFF: EPA’S ENFORCEMENT PROGRAM IS CRITICAL TO ENSURING COMPLIANCE WITH ENVIRONMENTAL LAWS. Scott Adair/ EPA Special Agent: Pollution often will impact people in ways that they can’t see or taste or smell and it’s our job to make sure that the companies and the people that are in the community are playing by the rules. JULIE: EPA’S CIVIL AND CRIMINAL ENFORCEMENT PROGRAMS ARE TOOLS TO ENCOURAGE COMPLIANCE, TO PREVENT AND DETECT VIOLATIONS THAT DO OCCUR AND IMPOSE CONSEQUENCES FOR BREAKING ENVIRONMENTAL LAWS. Scott Adair: What makes us unique with the EPA and the fact that EPA has a criminal investigation division and sworn federal law enforcement officers is that environmental crimes are often very difficult to prove and they’re also very difficult to investigate. JEFF: MOST VIOLATIONS OF ENVIRONMENTAL LAWS ARE CIVIL. THEY OCCUR BECAUSE A LAW OR RULE WAS BROKEN, EVEN IF THE PERSON OR COMPANY THAT BROKE IT DID NOT INTEND TO. JULIE: BUT, WHEN THERE’S AN INTENTIONAL VIOLATION OF THE LAW, THAT’S A POTENTIAL CRIME, WHICH MAY LEAD TO STEEP FINES AND PRISON. Andrea Abat/ EPA Special Agent: Having a criminal component and using those highest levels of sentencing and jail time and those kinds of things against these defendants, that’s how you really put a good deterrent message out and only a criminal enforcement program can do that. JEFF: ENVIRONMENTAL CRIMES LIKE THE DELIBERATE DUMPING OF HAZARDOUS WASTE, OR THE ILLEGAL HANDLING OF HAZARDOUS SUBSTANCES CAN CAUSE DEATH AND SERIOUS ILLNESS, AND IMPACT THE ENVIRONMENT. [agents walking through grass] Andrea Abat: For us on a daily basis that means conduct criminal investigations, that means poring through documents, that means collecting samples from drums and from different places to be able to bring those people responsible to justice. JULIE: EPA SPECIAL AGENTS TRAIN AND SERVE AS FULL-FLEDGED LAW ENFORCEMENT OFFICERS WITH CRIMINAL INVESTIGATIVE AUTHORITY, INCLUDING THE AUTHORITY TO MAKE ARRESTS AND CARRY FIREARMS. Martin Schwartz/ EPA Special Agent: Our folks have to be prepared to go from doing a complex fraud investigation in an office environment and now go out and interact with individuals that may or may not be inclined to use force against our agents. JEFF: EPA SPECIAL AGENTS ARE SUPPORTED BY SPECIALLY-TRAINED FORENSIC SCIENTISTS, ENGINEERS AND ATTORNEYS FROM ACROSS THE AGENCY. ALONG WITH OTHER LAW ENFORCEMENT PARTNERS, AT THE FEDERAL, STATE, TRIBAL, AND LOCAL LEVEL, WE TACKLE THE MOST SERIOUS ENVIRONMENTAL CRIMES THAT IMPACT THE AMERICAN PUBLIC. Andrea: We’re helping you know get the most egregious criminals off the street that are polluting our water and our air and the ground. Scot: At the end of the day it really is about protecting human health and making sure that people are safe. JULIE: DESPITE ALL THE LAWS AND SAFEGUARDS THAT ARE IN PLACE, SOMETIMES IT TAKES A TRAGEDY TO BRING ATTENTION TO AN ENVIRONMENTAL PROBLEM AND CRIMINAL ENFORCEMENT TO GET JUSTICE FOR THE VICTIMS. JEFF: IN AUGUST 1996, THE OWNER OF FERTILIZER COMPANY EVERGREEN RESOURCES TOLD HIS EMPLOYEES TO CLEAN OUT A 25-THOUSAND GALLON TANK, IGNORING REQUESTS FOR SAFETY EQUIPMENT. A 20-YEAR-OLD MAN CLIMBED DOWN INTO THE TANK WEARING NOTHING BUT JEANS AND A T-SHIRT. PARAMEDICS REMOVED SCOTT DOMINGUEZ FROM THE TANK AND RUSHED HIM TO THE HOSPITAL, A VICTIM OF CYANIDE POISONING. Jackie Hamp/ Victim’s Mother: He just has severe brain damage. It put holes all the way through his basal ganglia. His balance and speech and all that is off. Scott Dominguez/ Victime: Cha, cha, … Jackie Hamp: He wants everybody to know he has a daughter. JEFF: OWNER ALLAN ELIAS WAS SENTENCED TO 17-YEARS IN PRISON FOR FALSIFYING A SAFETY PLAN AND COMMITING NUMEROUS HAZARDOUS WASTE VIOLATIONS THAT RESULTED IN SCOTT’S PERMANENT, LIFE-CHANGING INJURIES. Jackie Hamp: I think it probably wouldn’t have went too far without the Idaho State Police and the EPA coming in. [MUSIC] JULIE: IN FEBRUARY 2009, THE TOONES HAD THEIR PROPERTY TREATED FOR RODENTS BY BUGMAN PEST AND LAWN. WHEN THE PROBLEM PERSISTED, BUGMAN SENT THE SAME TECHNICIAN OUT TO THE HOME AGAIN. \ Brenda Toone/ Victims’ Mother: It didn’t turn out the way that we were hoping because instead of just simply treating the rodents, the poison seeped into our home and led to the death of our two youngest children. JULIE: FOR VIOLATING THE INSTRUCTIONS ON THE PESTICIDE SAFETY LABEL, TECHNICIAN COLEMAN NOCKS WAS SENTENCED TO THREE YEARS PROBATION. THE COMPANY AND OWNER RAY WILSON, SR., WAS FINED $3000 AND PLACED ON A THREE YEAR PROBATION. Brenda Toone: Just a few months following the deaths of our daughters the EPA made some changes in the rules that govern the application of the toxin that killed our daughters. JULIE: EVERYDAY, AMERICA’S ENVIRONMENTAL CRIME FIGHTERS WORK AROUND THE COUNTRY TO PREVENT TRAGEDIES SUCH AS THESE. CRIMINAL ENFORCEMENT IS THE STRONGEST LEVERAGE EPA HAS TO MAKE SURE PEOPLE AND COMPANIES PLAY BY THE RULES. JEFF: WITH A CONVICTION RATE OF ABOUT 90-PERCENT, INDIVIDUALS AND CORPORATIONS SHOULD THINK TWICE BEFORE CUTTING CORNERS, PUTTING PEOPLE AT RISK, AND COMMITTING ENVIRONMENTAL CRIMES. IF YOU SUSPECT AN ENVIRONMENTAL VIOLATION IS HAPPENING IN YOUR COMMUNITY, SEND US YOUR LEADS AT EPA.GOV/TIPS. [MUSIC]