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State Reward Laws
States also offer rewards, and this chapter contains one example. In
general, however, State rewards are usually much smaller than Federal
rewards and for that reason this book mentions them only briefly. A
significant reward starts at $1,000 and up, not "up to $1,000," as those
offered by Crime Stoppers and WE-Tip. However, some State laws, as in the
example given in this chapter, the reward is worth mentioning.
NEVADA:
(Newspaper release, printed in Senior Spectrum, October, 1991.)
CONSUMER NEWS, By Frankie Sue Del Papa - Nevada Attorney General
"Illegal dumping has become a big problem in Nevada -- especially solid,
liquid and hazardous wastes. Some people don't know any better -- others
just don't care. Then there's the professional dumper who disposes of toxic
wastes in the desert to avoid paying for proper disposal. All of this is at
your and my expense -- and our environment's.
The Southern Nevada Environmental Crime Task Force -- in which my office
participates -- is targeting desert dumpers for enforcement action. The
task force is working with law enforcement agencies statewide in this
regard.
The law provides some pretty stiff penalties. Unlawful disposal of garbage
or sewage is a misdemeanor with a civil penalty of up to $2,000 for each
conviction. Half of that amount is paid as a reward to anyone who provides
information leading to the arrest and conviction of a violator.
First-time violation of water pollution is a gross misdemeanor and carries
a fine of up to $25,000 for each day of violation and up to one year in
prison. Felony charges can be levied for a second conviction -- along with
up to six years in prison and up to $50,000 for each day of violation.
The Nevada legislature recently increased the criminal penalty for the
unauthorized disposal or discharge of hazardous waste to a felony. The
penalty is a one- to six-year imprisonment and up to $50,000 for each day
of violation. Civil penalties for hazardous waste violations carry up to
$10,000 per day and damages to the state for correcting the problems caused
and destroyed fish and wildlife.
In addition, violations of county and city ordnances on dumping can result
in civil and criminal penalties as well.
My office, the task force and law enforcement agencies are working together
to investigate and prosecute illegal dumping and to impose the maximum
punishment possible. We believe a consistent, coordinated effort will
result in more prosecutions and, in turn, heighten the deterrent effect. We
encourage people to report dumping incidents to local law enforcement
agencies.
It's so important to protect our fragile desert environment and to ensure
that we -- the citizens of this beautiful state -- don't bear the cost of
cleaning up after illegal dumpers."
* * * * * *
Note: Federal reward laws do not provide rewards for misdemeanors. The
above Nevada law provides half of a possible $2,000 fine. In this case,
it's worth mentioning. And, it's more generous than Crime Stoppers and We-
Tip's rewards of $100 to $200.
The news release also mentions fines for hazardous waste, up to $50,000 per
day, but doesn't mention if any reward or a sharing of the fines and
forfeitures may be paid to CrimeFighters.
However, if the dumping is done by a person or company to make/save money,
by avoiding the cost of proper disposal (the profit motive), it may come
under RICO and other federal laws that assess larger fines and forfeitures,
and pays 50% to the CrimeFighters involved.
Nevadans: The Nevada anti-dumping law also pertains to individuals dumping
garbage -- any kind, whether in garbage bags or from the back of a pickup
truck. If you find a garbage bag dumped, look inside. If you find a name
and address on mail or receipts, you have evidence that might be worth
$1,000! Leave the garbage bag or refuse where you found it, contact local
authorities and negotiate for a $1,000 reward under Nevada law.
Many state laws assess stiff fines, some up to $2,000, for littering. If
the state were to adopt a law (like Nevada's), and pay 50% of the fines
to CrimeFighters, citizens would have more incentive to enforce the anti-
litter, anti-dumping laws. (The proposed Crimefighter Reward Law mentioned
in chapter 28 could be used for anti-litter and other misdemeanor laws.)
Federal Dumping Reward Laws
Federal law Title 42, USCS 6901 (Chapter 11 in this FloppyBook) mentions
hazardous waste fines and forfeitures can be up to $250,000 for an
individual and up to $1,000,000 for an organization (any business) if the
effect of the dumping places any innocent party in imminent danger or death
or serious bodily injury. If the toxic wastes contaminate a drinking water
resource, directly or indirectly, it would impose a serious threat to the
health and welfare of innocent parties. In this case, it might be more
suitable and profitable to a CrimeFighter to use federal anti-pollution
laws for prosecution. (It also depends on the extent of the pollution.)
Professional dumpers, either individual contractors or drivers of company
vehicles who dispose of garbage or hazardous wastes, are usually not one-
time violators. Some of them have may been dumping for years. When that
can be proven, the fines and forfeitures can become very, very large.
Proof Needed
A videotape recording is the best evidence of dumping, especially if it can
positively identify the vehicle, license plate, printed signs, a clear
picture of the driver's face, and the complete sequence of driving up to
the dump site, dumping, and leaving. Use the camcorder's date and time
stamp in the recording to pinpoint when it occurred. Also, pan the area to
include mileage markers and other identifying features of the landscape to
provide identification of the dump site.
The usual law enforcement tactic is to lay charges against the driver and
allow plea bargaining if he provides evidence against his employers. The
driver will want to escape maximum punishment and will usually provide a
sworn statement that implicates supervisors or company officials who
authorized or ordered the dumping. That could lead to a confession of how
many times it was done. If a considerable amount of dumping has been done,
and the company or individual contracting firm has limited assets, the
accumulated fines and forfeitures might bankrupt the company. It could also
make the CrimeFighter rich. Both are highly desirable.
Federal and State Laws
Be sure to examine and compare Federal reward laws to those in your State
to ascertain the best one to use both to obtain a larger reward and to
retain control of the prosecution. If you lose control, you may lose the
promised reward if it's contingent on a conviction of a felony.
Why bother to include State reward laws in this book if they aren't better
than Federal laws? Answer is:
(a) To bring the comparison to the attention of State lawmakers to
encourage them to raise rewards up to or higher than Federal rewards;
(b) To provide an alternative in the event it's expeditious to use State
laws instead of federal laws. Example: If the time-delay contacting and
negotiating with a Federal agent might jeopardize the arrest and conviction
of a violator. (Better a smaller reward than no reward);
(c) To compare rewards available and locate misdemeanor rewards;
(d) To provide an alternative when negotiating with State or Federal
agents. If either party knows you can negotiate with another agency,
they'll be usually match the offer or better it. Each agency wants credit
for convictions, and the agency that prosecutes usually gets half of the
fines and forfeitures.
If you're in business as a CrimeFighter, be businesslike. Find out which is
the best law to use by comparing State or Federal reward laws. Know which
is the best deal first. Negotiate if and when possible. Get a signed agree-
ment before you make full disclosure. Make sure the person who sign the
agreement is duly authorized to make binding commitments, and have them
include a statement to that effect in the signed agreement.
Getting More Information on State Laws
I tried to obtain information on state laws but ran into a problem: The
letters I received, in response to my request for detailed information and
photocopies, said (with words to the effect): they receive many requests
for legal information and cannot provide a free staff and photocopies; they
do not provide research facilities or personnel to assist the public to
obtain specific information on legal subjects; Public offices have limited
facilities, staff, and budgets, etc.
As a result, reward information from State officials or law enforcement
agencies may be difficult to obtain by individuals. It will be up to you,
the reader, if you have access to your state (reward) laws, to provide
copies to CrimeFighters in your state.
If and when State laws are as tough, or tougher in fines and forfeitures
than Federal laws, then it may be better to use them. So far, it seems that
most State laws pay woefully inadequate rewards. They don't even come
close to the rewards offered under Federal laws. In addition, Federal laws
offer more options, such as sharing of fines and forfeitures. And, Federal
agents (especially the FBI) are less likely to be tight-fisted to a Crime-Fighter's request for payment of a reward; they're used to paying large
rewards. Local politicians might believe $1,000 is big money "just for
information," and may be difficult to negotiate with.
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