Hackers Underworld 2: Forbidden Knowledge/Hackers Underworld 2: Forbidden Knowledge.iso/LEGAL/PROSECUT.TXT

Text File | 1991-05-22 | 21KB | 434 lines

April 1991


                 ENVIRONMENTAL CRIMES PROSECUTION:
                   A LAW ENFORCEMENT PARTNERSHIP

                                By

                       Vincent A. Matulewich
                   Supervisory State Investigator
                  Environmental Prosecutions Bureau
               New Jersey Division of Criminal Justice


     On a cold, rainy Sunday, a railroad police patrol
discovered a large pile of abandoned drums along a dirt access
road near the tracks of a major metropolitan commuter line.
Upon closer inspection, the officers noted that many of the
drums were leaking and that the air had a chemical odor.  Soon,
they became lightheaded, but were able to return to their patrol
vehicle to call the local municipal police department for
assistance.

     After arriving on the scene, the local police officers,
seeing the condition of the other officers, called in
reinforcements.  Shortly thereafter, the local health officer,
supported by the fire and rescue squads, arrived at the scene. A
decision was then made to notify the county and State agencies.
Later, the county health department's emergency response unit
arrived, followed by the State police's emergency management
coordinator and the State's department of environmental
protection/hazardous materials incident team.

     By this time, several hundred people, dressed in every
conceivable type of protective clothing, were milling around an
impromptu command post.  As a portion of the contaminated area
near the tracks was evacuated, and the decision to shut down the
commuter railroad was made, the television news crew arrived.
When all was said and done, it was estimated that the cleanup
would cost approximately $100,000.

     Reaction to this hypothetical dumping incident would depend
on when it took place.  If it occurred prior to Earth Day, April
21, 1970, most likely nothing would have happened.  The drums of
chemicals would have been allowed to ooze into the ground and
contaminate the water supply.  If it occurred during the 1970s
or early 1980s, someone would pay for the cleanup, and in this
case, it would be the railroad, since they owned the property
where the drums of chemicals were found.  The railroad, after
cleaning up the site, would probably pass along the cost to the
public in the form of a fare increase.

     Today, however, if this incident occurred, the municipal
police department would most likely request assistance from one
or more law enforcement agencies to process the abandoned drum
site as a crime scene before having the hazardous chemicals
removed.  The involved agencies would also conduct an
investigation to determine who was responsible for the act and
criminally prosecute the violators.

ENFORCEMENT HISTORY

     Today, the United States produces approximately 125 billion
pounds of hazardous waste annually. (1)  Because many of the
environmental crimes prosecuted now were considered
environmentally acceptable acts 30 years ago, hazardous waste
has become a dangerous legacy that can no longer be overlooked.
(2)  Toxic and hazardous waste from approximately 15,000
municipal and 75,000 industrial landfills has contaminated
public and private water supplies throughout the country. (3)
And, if left undiscovered, this contaminated water can cause
cancer, birth defects, and genetic changes, as well as a variety
of other disorders.

     Eventually, in response to public pressure resulting from
events such as the Love Canal, where chemical wastes produced
and disposed of during World War II seeped into the homes of
local residents, the Federal Government began to attack the
problem of improper chemical disposal practices in two ways:  1)
Preventing further chemical contamination; and 2) dealing with
existing chemical waste.

     To prevent new hazardous waste sites from being created, in
1976, Congress enacted the Resource Conservation and Recovery
Act (RCRA).  RCRA sought to provide "cradle-to-the-grave"
management of newly created hazardous wastes by imposing a set
of regulations and a manifest system not only on the generators
of hazardous wastes but also on the transporters and disposers
of such chemicals.  Under this act, treatment, storage, or
disposal of hazardous wastes at any other place but an
authorized facility is illegal.  Violators are subject to civil
penalties of $25,000 per day of continued noncompliance, and
persons convicted of violations are subject to criminal
penalties of up to $50,000 for each day of violation and
imprisonment for a maximum of 5 years. (4)

     To handle existing hazardous waste sites, Congress, in
1980, passed the Comprehensive Environmental Response
Compensation and Liability Act (CERCLA), commonly known as the
"Superfund Act." This act established a $1.6 billion fund to be
used for, among other things, the clean up of abandoned
hazardous waste sites. (5)

     Also, during the 1980s, various States enacted criminal
sanctions for both knowing or reckless conduct involving the
illegal disposal or abandonment of toxic or hazardous wastes.
Now, in addition to similar fines imposed by the RCRA, States
could impose terms of imprisonment for up to 10 years.

SCOPE OF THE PROBLEM

     Historically, private industry has not played a leadership
role in protecting the environment and is still reluctant to
take environmental precautions unless it views overwhelming
scientific evidence that demonstrates that the expenditure of
funds is necessary.  Despite this reluctance, most large
corporations operate according to environmental regulations;
however, there are others willing to break the law in order to
save or make money.

     Prior to the RCRA, the cost of disposing a 55-gallon drum
of hazardous waste cost $3 to $5.  Today, disposing legally that
same waste costs $300 to $500.  For some hazardous chemicals,
this cost could be in excess of $1,500 per drum.  Larger
corporations simply pass this added cost onto the consumer, but
smaller, marginal companies oftentimes may need to cut corners
to save money. As a result, it is usually marginally
competitive, smaller companies, or facilities hired by them,
that illegally dump hazardous waste. (6)

LAW ENFORCEMENT'S ROLE

     In the early 1980s, only Louisiana, Maryland, Michigan, New
Jersey, New York, and Pennsylvania employed specialized units to
deal with environmental crimes on a full-time basis.  In all,
this amounted to a few dozen overworked criminal investigators
who were charged with developing investigative methods and
procedures where none previously existed.  To make matters more
complicated, these investigators were "forced to work with," and
at times rely upon, non-law enforcement agencies as their
evidence collection teams and for records of those who
generated, transported, and/or disposed of hazardous waste. (7)

     Today, through problem awareness and investigative methods
training, 29 States now have environmental crimes units at the
State law enforcement level. (8) In addition, over 1,000 police
officers and investigators have attended investigative training
programs. (9)  This remarkable improvement in such a short time
is directly attributed to law enforcement's perceived necessity
of such teams and to public pressure.

The Municipal Police Department

     By nature, most municipal police departments do not have
the resources to devote themselves exclusively to investigating
environmental crimes.  However, municipal departments
acknowledge that the public it is charged to protect is acutely
aware of the dangers associated with hazardous chemicals.  As a
result, many have provided their patrol officers with problem
awareness training so that they may properly secure hazardous
areas fr