ENVIRONMENTAL CRIMES HANDBOOK - New Jersey

1 ENVIRONMENTAL CRIMES HANDBOOKA Guide for Law Enforcement PersonnelState of New JerseyDepartment of Law and Public SafetyDivision of Criminal JusticeJohn J. Farmer, Flicker Attorney General Director2001-1-The ENVIRONMENTAL CRIMES Bureau of the Division of Criminal Justice (ECB) hasdeveloped this manual so that law enforcement officers in New Jersey will be able to havequick, ready access to the State's ENVIRONMENTAL criminal statues. The manual outlines the criminal provisions for: 1) Water Pollution; 2) Hazardous Waste; 3) Regulated Medical Waste; 4) Solid Waste; 5) Wetlands, and 6) Air ECB hopes that this manual will assist you in your efforts to respond to potentialenvironmental CRIMES in your jurisdiction.

2 As with any crime scene, the patrol officer sprimary duty is to protect the scene. You should carefully note what you observe at anenvironmental crime scene, just as you would with any other crime scene - including takingphotographs. The techniques used in the processing of an ENVIRONMENTAL crime scene aresimilar to those used in traditional CRIMES , with one very important exception:DO NOT TRY TO HANDLE POTENTIALLY HAZARDOUS MATERIALS ORUNKNOWN SUBSTANCES WITHOUT HAVING THE PROPER TRAINING. IF YOU ENCOUNTER POTENTIALLY HAZARDOUS MATERIALS OR UNKNOWN SUBSTANCES, CONTACT THE NEW Jersey DEPARTMENT OFENVIRONMENTAL PROTECTION (24 HR.)

3 HOTLINE 1-877-WARNDEP) OR YOUR LOCAL COUNTY HAZ YOU SUSPECT A CRIMINAL VIOLATION,CONTACT YOUR COUNTY PROSECUTOR S OFFICE OR THE NEW Jersey DIVISION OF CRIMINAL JUSTICE, ENVIRONMENTAL CRIMES BUREAU ENVIRONMENTAL CRIMES Bureau expresses its appreciation to Paul Evans, Rutgers University for his fine work in developing this manual. 58:10A-6a & b provide:It shall be unlawful for any person to:- discharge any pollutant, except in conformity with a valid New Jersey Pollution Discharge Elimination System (NJPDES) permit that has been issued by the NJDEP or valid permit issued by the build, install, modify, or operate any facility for the collection, treatment or discharge of any pollutant except after approval by the should be noted that under 58.

4 10A-6a, it is a crime to discharge pollutants into surface waters, underground waters, or sewer systems without a NJDEP permit [or in case of sewers, municipal utility authority permit] or in violation of the requirements of such a WATER ENFORCEMENT 58:10A-1 et ElementsCulpabilityDegree58:10A-10f(1)vi olates this act,1 and causes aknowinglysecond significant adverse ENVIRONMENTAL purposely[$25,000 to effectrecklessly$250,000 fine per day of violation]58:10A-10f(4)violates an effluent limitationpurposely firstor other condition of a permit,knowingly[$50,000 toor discharge without a permit,$250,000 fineand knows that he thereby places10-20 years another person in imminent dangerimprisonment]of death or serious bodily injury [for corp.]

5 , $200,000 to $1,000,000 fine]-3-Material ElementsCulpabilityDegree58:10A-10f(2)vi olates this act including:purposelythird making any false statement,knowingly[$5000 to $75,000 representation or certificationrecklesslyfor day of violation] in any application, record or document filed or required to be maintained under this Act; falsifying, tampering with or rendering inaccurate any monitoring device or method required to be maintained pursuant to this Act; failing to submit a monitoring report, or any portion thereof, required pursuant to this Act58:10A-10f(3)violates any portion of this Actnegligentlyfourth[$5000 to $50,000 per day of violation]58:10A-49adumps material (defined at 58.)

6 10A-48) into the[purposely]ocean waters within the jurisdiction of this state orinto the waters outside thejurisdiction of this state,which material enters the oceanwaters within the jurisdictionof this State2 Under New Jersey s ENVIRONMENTAL regulations, in order for material to besubject to hazardous waste regulations, it must be a solid waste [whichcould be a liquid]. Chemical products that are not wastes are notregulated by the hazardous waste New Jersey s ENVIRONMENTAL regulations, certain chemicalcompounds are listed as toxic pollutants; asbestos, pcb s, dioxins New Jersey s ENVIRONMENTAL statutes and regulations, a hazardousdischarge would include a discharge of petroleum WASTE/HAZARDOUS SUBSTANCES/TOXIC or Risking Widespread Injury or 2C:17-2 and 3 Material ElementsCulpabilityDegree2C:17-2a(1)unla wfully causes an explosion,purposelysecondflood, avalanche, collapse ofknowingly building, release or abandonmentof poison gas, radioactivematerial or any other harmfulor destructive substance2C.

7 17-2a(2)unlawfully cause a release orpurposelysecondabandonment of hazardousknowinglywaste2 or toxic pollutants3 ORrecklesslythird2C:17-2a(2)unlawfully causes a hazardouspurposelyseconddischarge4 required to beknowinglyreported under the New Jersey ORSpill Compensation and Control Actrecklesslythird-5-Material ElementsCulpabilityDegree2C:17-2bcauses widespread injury orrecklesslythirddamage2C:17-2ccreates the risk of widespreadrecklessly fourthinjury or damage (no injury ordamage has to occur)2C:17-3a(1)damages the tangible property of purposelythirdanother;knowingly[if purposely causesloss of $2000 or more]damages tangible recklesslyfourthproperty of another in thenegligently[loss above $500 up employment of fire, explosives, to $2000]other dangerous means2C:17-3a(2)tampers with the property ofpurposelythirdanother so as to endanger [loss over $2000] person or propertyreckesslyfourth[loss over $500] Waste Management 13:1E-1 et ElementsCulpabilityDegree13:1E-9g(1)know inglythird 13:1E-9h(1) [$50,000 fine firsttransports any hazardous waste offense.]

8 $100,000 toa location which does not subsequent have authorization from the offense] NJDEP to receive itrecklesslyfourth-6-Material ElementsCulpabilityDegree13:1E-9g(2)know inglythird13:1E-9h(2) [$50,000 fine firstgenerates and causes or permitsoffense; $100,000to be transported hazardoussubsequent waste to a location which doesoffense]not have authorization fromrecklesslyfourththe NJDEP to receive it13:1E-9g(3)knowinglythird13:1E-9h(3) [$50,000 fine firstdisposes, treats, storesoffense; $100,000or transports hazardoussubsequentwaste without authorizationoffense]from the NJDEP recklesslyfourth13:1E-9g(4) & (5)knowinglythird12:1E-9h(4) & (5) [$50,000 fine makes any false or misleadingfirst offense; statements to any person who$100,000 prepares any hazardous wastesecond offense] application label, manifest, recklesslyfourth record, report, design, or other document required to be submitted to the NJDEP.

9 Makes any false or misleading statement on any hazardous waste application, label, manifest, record, report, design, or document required to be submitted to NJDEP; 13:1E-9igenerates and causes or permitsstrict liabilityfourthhazardous waste to be transported,transports, or receives hazardouswaste without completing and submitting a hazardous wastemanifest to the NJDEP5 Under New Jersey s ENVIRONMENTAL regulations, regulated medical wasteincludes the following types of material:cultures and stocks; pathological wastes; human blood and bloodproducts; sharps (used or unused); animal waste, carcasses or bodyparts; and isolation MEDICAL WASTE 13 et ElementsCulpabilityDegree13 (1)purposely thirddisposes or stores regulatedknowingly[$50,000 first medical waste5 without offense; $100,000 authorization from either thesecond offense]NJDEP or the New Jersey Department of Health (NJDOH),or does so in violation of this act or any regulation adoptedpursuant thereto13 (2) & (3) makes any false or misleadingpurposelythird statement on any regulatedknowingly[$50,000 first medical waste form or report,offense.]

10 Required by this act or any$100,000 regulation adopted pursuantsecond offense] thereto; makes any false or misleading statement to any person who prepares any regulated medical waste form or report, required by this act or any regulation adopted pursuant thereto-8-Material ElementsCulpabilityDegree13 (4)fails to properly treat certain purposelythirdtypes of regulated medical waste,knowingly[$50,000 firstdesignated by the NJDOH, in aoffense;prescribed manner$100,000second offense]13 (1)material elements same asrecklesslyfourth12 (1)13 (2) & (3)recklesslyfourthmaterial elements same asnegligently13 (2) & (3)12 (4)material elements same asrecklesslyfourth13 (4)13 (1)transports any regulated medica lregardless of fourthwaste to any place that does notintent have authorization from the NJDEP(strict liability)and the NJBPU to accept such waste,or does so in violation of this act or any regulation adopted pursuant thereto13 (2)