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Polluter Tooters for Pollution Control
A recent TV program concerning hazardous waste mentioned that, in America
alone, one ton of hazardous waste is created per person per year -- or
about 260 millions tons per year!
Some of the tonnage includes pesticides, fungicides, and rodenticides used
by farmers, ranchers, and homeowners on crops or landscapes to kill
insects, molds, and other pests. Some are strong plant defoliants, such as
Agent Orange, used by individuals and others to kill roadside weeds and
unwanted vegetation.
Industrial wastes fall into a different category than wastes generated by
individuals. Most of industry's toxic wastes are by-products of chemical,
manufacturing, and processing plants. Companies that generate these highly
toxic wastes solve their problem by paying another company to haul it away
and "properly" dispose of it.
Tragically, proper disposal happens only occasionally: 90% of the time the
disposal company illegally dumps the waste and gets away with it! Most
companies who are involved know it. Paying someone else to haul the waste
away lets many well known corporations evade legal responsibility for it.
Illegally disposed waste often ends up in abandoned fields, leaky drums,
and pits where the toxins drain into underground water tables and wells.
When the waste is discovered, sometimes years later, it becomes someone
else's financial or medical problem. These illegal dump sites are prime
targets for CrimeFighters.
Laying Waste
The book "Laying Waste" is a frightening true story of the poisoning of
America by toxic chemicals and focuses on Love Canal in Niagara Falls, N.Y.
Michael Brown, the author, reveals similar episodes in almost every part of
the United States. This book will, or should, scare the hell out of you.
Unfortunately, "Laying Waste" is out of print but may be found in some
libraries (I found a copy in a used book store). Although Canada isn't
targeted in Brown's book, that country isn't immune from pollution, either!
America the Poisoned
"America the Poisoned," by Lewis Regenstein, details another aspect of
(legal) poisoning of the earth, water, air, and food we eat -- by
pesticides, rodenticides, and defoliants worse than Agent Orange! This
legalized poisoning covers millions of acres of national forests and
farmlands. This book is worth reading too, even though there are no rewards
paid because this pollution is legally sanctioned by the government!
The back cover of this book says:
"Today, on the twentieth anniversary of "Silent Spring," almost all of the
toxic chemicals that Rachel Carson warned us about are still in widespread
use. The few that have been restricted have often been replaced by equally
or more dangerous compounds. And a thousand new and largely untested
chemicals are introduced each year.
"America The Poisoned, written by respected environmentalist Lewis
Regenstein, is the shocking story of what the U.S. Environmental Protection
Agency has called the "most grievous error in judgment we as a nation have
ever made." It documents for the first time, how toxic substances are
literally killing and disabling millions of Americans as well as
contaminating our environment -- in some cases permanently.
"The results of our contact with cancer-causing chemicals are now apparent:
one out of every four Americans can expect to get cancer. This means that
of Americans now alive, over 56 million will contract the disease, which
kills over 1,000 of us every day. The chances of having cancer by the age
74 are almost one in three.
"America the Poisoned" reveals that by the time the government got around
to generally banning some of the most deadly chemicals and pesticides --
dieldrin, PCBs, BHC, and DDT -- these toxins were being found in the flesh
of 99% of all Americans tested, as well as in our food, air, and water.
They cause cancer, birth defects, and other disorders at extremely low
doses in laboratory animals, and are presumably capable of doing so in
humans as well. Mother's milk has become so contaminated with banned
chemicals that it would be illegal to sell it in supermarkets!
"The amount of toxic wastes produced in the United States each year amounts
to over 600 pounds for every man, woman, and child -- and only 10% of it is
properly disposed of. We are now sowing the seeds for future epidemics of
cancer, deformed children, and Love Canals." Unquote.
Poisoning for Profit
"Poisoning for Profit," by Alan Block and Frank Scarpitti, contains a few
excerpts from Michael Brown's book but concentrates on the increasingly
dangerous role of the Mafia in the waste industry.
The author concentrates of the prosecution of the mafia and the problems
encountered (and made) by prosecutors. It emphasizes the dangerous role of
undercover agents and the part they play. It also reveals their failure due
mainly to insidious graft and corruption of government officials, including
the EPA!
Many stories concern sloppy record keeping and casual control of evidence
by the EPA. This book reaffirms my contention that CrimeFighters need to
assume control of a case (via Qui Tam) or they will become as frustrated as
the police when a prosecutor loses evidence, fails to prosecute, or plain
refuses to prosecute.
If you plan on being an active "polluter tooter," collecting and revealing
evidence of pollution, be sure to read this book. It may scare you off, but
if it doesn't, at least you'll know what you're getting into. On the plus
side, million-dollar rewards are possible from nailing the Mafia and large
corporations that seemingly don't give a damn.
Excerpt from "Poisoning for Profit":
"The poisoning of America, by the illegal and indiscriminate disposal of
toxic and hazardous waste, is a problem of enormous magnitude. Industrial
poisons are seeping their way into the food chain and the drinking water
supply in ways that make it unlikely if not impossible to stop. Among the
many reasons why this is so is that organized crime is involved in the
illegal and dangerous disposal of the most deadly wastes known to humans.
"There is little doubt that part of the waste industry has been penetrated,
dominated, and controlled by organized crime. Our contention, however, is
that organized crime's waste racket is larger and more dangerous to the
public welfare than anyone has yet recognized. One of the differences
between the waste racket and other businesses run by organized crime is
that in matters of waste there are potentially vast numbers on unknowing
victims. Unlike gambling, for instance, the public has no choice of
participation. No one can simply decide not to be a victim of industrial
poisons that have been dumped in landfills, on highways, into sewers,
rivers, and streams by organized crime.
"Organized crime is not the only culprit involved in this extraordinarily
dangerous development. Responsibility for the situation also rests with
many of the generators of toxic and hazardous waste. Some of the largest
and most prestigious companies in the petro-chemical industry knowingly
deal with organized crime disposal firms because they provide a cheap way
of getting rid of their most harmful wastes. Government, too, has failed in
its protection of the public welfare. The laws passed to regulate the toxic
and hazardous waste disposal industry have enough loopholes in them to
allow the biggest tankers through. And if that isn't enough encouragement
for organized crime and its industrial partners, the almost total lack of
meaningful enforcement is." Unquote.
Key words in the above quote are some of the largest and most prestigious
companies... knowingly deal with organized crime ... and the almost total
lack of meaningful enforcement.
The problem is, there aren't enough EPA "cops" following tanker trucks when
they leave petro-chemical industrial sites, or checking on tankers when
they're dumping in (legal) landfills. The EPA and local police can't handle
it because of the sheer numbers of such trucks nationwide. It's up to
CrimeFighters to volunteer to be environmental cops - or polluter tooters!
Trucks hauling toxic and hazardous wastes are required to have signs on
them (skull and crossbones) indicating they are hauling toxic wastes. If
you see any on the road, tail them, find where they're going, and where
they dump their loads. Check at the dump site and take samples of the
material dumped. Have an independent lab test the material for toxic and
hazardous waste material. When you tell them it's a sample from a suspected
illegal toxic waste dumping, there may be no charge for the testing. Ask
first. Try to recruit a chemist as a polluter tooter buddy. Also, be sure
to use your camcorder to record the suspected criminal activity.
If they are illegally dumping toxic and hazardous wastes, use a camcorder
to get the evidence you need to nail both the "prestigious companies" and
the illegal waste disposal firms. If you have a cellular phone, call the
police to make an arrest. It's dirty and dangerous work, but odds are, the
fines and forfeitures will be in the multi-million dollar range. You can
get half, plus rewards!
Around 1980, the EPA had conservatively estimated more than 50,000
hazardous waste dumps. A recent (1990) TV documentary on pollution
mentioned 28,000 known and EPA registered hazardous waste dump sites. But
an estimated 425,000 similar, unregistered dumps are hidden from sight
throughout the United States. The majority of them are potential polluters
of the nation's drinking water.
EPA-registered sites are not necessarily "safe" just because they're known.
They need to be monitored to make sure the contents of toxic materials
doesn't enter an underground water table and well water.
It has taken nature thousands of years to build up water tables from which
we obtain well water for drinking. When a water table becomes poisoned it
takes ten times longer (if ever) to purify itself. There is no practical
method to undo water table pollution. Using water filters and even reverse
osmosis can't strain water-soluble chemicals. Distilling the water may be
the only solution, but that's not practical for the billions of people and
wild animals in the world.
Contaminated areas endanger human and animal populations similar to and to
the same extent as animals were endangered years ago by DDT poisoning, as
mentioned in Rachael Carson's best-selling book "Silent Spring."
Many illegal hazardous waste dump sites are located in wooded areas, out of
sight from the road. They usually contain a mixed bag of refuse, such as
wrecked and rusting vehicles, construction waste materials, and old tires.
Hidden in the garbage are dozens to hundreds of barrels of PCBs and other
dangerous chemicals. These unregistered, uncontrolled dump sites (close to
10,000 in each State) are ticking ecological time bombs -- rusting barrels
about to leak or break and spill their poisonous contents on the ground.
Then cancer-causing contents will wind up in the underground water
reservoirs used by thousands of communities and millions of people.
You can obtain a list of registered dump sites from the EPA in your State,
or from Citizen's Clearinghouse for Hazardous Wastes (CCHW), a center for
Environmental Justice. Ask them for a listing of Toxic Waste Sites for your
State. Each list costs $2.50 from CCHW. They have dozens of other related
publications for educational purposes; ask for their catalog. The address
is: P.O. Box 926, Arlington, VA 22216. (703) 276-7070.
* * * * * *
Here's a few quotes from "Laying Waste" that mention illegal, toxic waste
dumps, which is what this chapter is mainly concerned with - illegal dump
sites, and how they're spawned.
"A common practice for disposers, especially small ones, is to collect
enough drums to fill several acres of a lot, charge industries for non-
existent waste treatment, and then simply abandon the leach beds and
deteriorating drums for the taxpayer to contend with. There are enough of
these cases to fill a huge book. A company ironically called Pollution
Abatement Services of Oswego, New York, left about 8,000 drums in one
parcel and hundreds of others at several other disposal sites; no one is
quite sure what is in all of them. The firm was founded by several
professionals in Oswego who, after deciding that they could not operate
properly and profitably at the same time, declared the firm "hopelessly
insolvent" and simply left the toxicants near the shores of Lake Ontario,
where the nauseating fumes permeate the immediate vicinity.
"One such toxic waste dump site operator was interviewed by ABC Television
network and was quoted as saying "the economics behind it is if you don't
have to treat it, there's no cost except for transport." In this manner, it
was suggested, a hauler could purchase a truck, charge up to $30 a barrel
for disposal of each drum, fill the trailer with the drums of toxic waste
material, and simply abandon the vehicle at the side of the road, escaping
with the profits. William Carracino of New Jersey, the acknowledged
polluter in the TV interview further suggested another alternative: "You
can go out and rent a piece of property - rent it, don't buy it. Rent ten
acres, twenty acres, get a permit to handle drums. Bring it on the property
and just store them. As soon as the heat gets too great, just go bankrupt,
get out of it.
"The awesome difficulty of controlling pollutants is implied in the sheer
tonnage of chemical production. Whereas 25 million gallons of the solvent
benzene were manufactured in 1940, by the early 1980's the figure will
approach 2 billion gallons in the United States alone. In the last fifteen
years the production of organic solvents rose more than 700 percent, while
during the same period plastics shot up 2,000 percent and synthetic fibers
more than double that figure.
"As important as the specific actions of chemical agents are the sheer
volume and variety of their wastes. During the period from 1943 to 1968,
United States consumption of selected toxic materials increased by 43
percent. Production of synthetic organic chemicals has grown at a yearly
rate of more than 10 percent per year since 1954 in the form of such
materials as dyes, pigments, and the biocides. Meanwhile, each year
approximately 1,000 new chemicals are added to the 70,000 already in
existence, often more sophisticated than their predecessors and even more
alien to the human system.
"It can be roughly estimated that during the past several years, upwards of
35 million tons, or 70 billion pounds, of hazardous waste have been
generated per year, far in excess of the ten million tons produced in 1970.
And the trend is expected to maintain this same rate of increase at least
until 1984, when more than 400 million tons of hazardous waste and semi-
hazardous waste or innocuous industrial waste - more than twice the
combined amount of municipal garbage and sewage - will be piling into the
environment each year." Unquote.
The above paragraphs were taken from a few pages of the 335 pages in
"Laying Waste," which describes in grisly detail hundreds of even more
terrifying examples of the extent of human suffering and land devastation
that illegal dumping (abandonment) of toxic wastes has caused -- and the
book was written in 1952!
Current tonnage of toxic waste is anyone's guess because only legal dumping
is reported; Michael Brown estimated about 400 million tons by 1984. I'd
estimate close to 800 million tons (legal and illegal) by 1993, and it's
growing by leaps and bounds each year. The amount dumped illegally and
unknown to the government is probably close to 400 million tons per year.
Waste disposal is proliferating, but the EPA doesn't have the resources to
monitor all of it. Illegal dump sites are not a thing of the past. There
are probably ten times more illegal dump sites now than there were in 1980,
and ten times the horror stories. They'll be told when the toxic dumps are
found. We hope they'll be found before they've poisoned the water in rivers
that provide drinking water to millions of people.
Incidentally, another book "Nor Any Drop To Drink," by William Ashworth and
published by Summit Books, tells about our dwindling supply of drinking
water. The back cover of his book is worth quoting:
Not a Drop to Drink
"We are so used to turning on the tap and having fresh pure water instantly
available that it is difficult to imagine that it won't always be there.
But the way we handle our water is nothing short of disastrous.
The Great Plains groundwater supplies, which sustain a large part of our
agriculture, will be exhausted by the year 2000.
Orlando, Florida, is caving in on itself and Houston is sinking into the
sea because they have overdrawn their underground resources.
The main underground reservoir for Long Island has become an industrial
sewer.
The Colorado River is turning to salt.
None of these problems were naturally inevitable. They, and many more like
them, are all man-made." Unquote.
Comment: Most of the main rivers and watersheds are also becoming polluted
to the point they'll soon be unsafe to drink. And, if the toxic chemicals
are water soluble, as many of them are, filtering polluted water through
sand and gravel, or even reverse osmosis won't make it safe for drinking.
What will we do then?
Our wells and aquifers are running dry, and other fresh water resources are
in danger of irreversible pollution. We can't stop drinking water, but we
can help to stop the pollution by enlisting the aid of a few thousand
Polluter Tooters.
That's your assignment, if you care enough to accept it.
Piercing the Corporate Veil
Mentioned above is the possibility of plain and simple abandonment of toxic
wastes by an individual or a corporation. That doesn't let them off the
hook. When a corporation does it, directors and officers of the corporation
can be held personally responsible when there is evidence of criminal
intent (knowingly and willfully, or aiding and abetting criminal activity)
or evidence of indifference to prevent illegal activity (criminal
negligence). Saying "I didn't know about it", is usually not satisfactory.
The civil suit charge of "negligent entrustment" may be applicable.
Directors and officers are supposed to know about corporate activity and
control the actions of employees. When they don't, and laws are broken for
corporate profit, officers and directors can also be charged. In legal
circles this is known as "piercing the corporate veil."
If the corporation makes a profit from illegal activity, the profit can
usually be traced via an audit trail. If the audit trail is incomplete, the
IRS may decide to lay charges of tax evasion as well. All illegal profits
might be forfeited directly as fruits of criminal activity, or indirectly
by fines and forfeitures.
This is where a "skip tracer" comes in. A good one knows how to use
computers to search corporate records to find the owners of corporations,
locate their bank accounts, and find hidden assets.
In most cases of illegal pollution, profits from the illegal activity are
usually not declared and taxes are not paid. If the CrimeFighter can prove
it, he should consider asking laying charges of tax evasion.
In civil suits, a freeze on assets can be immediate -- to safeguard the
assets in the suit. In most cases, illegal profits are invested in a
legitimate business. The legal investments become "the fruits of criminal
activity." Use RICO and Qui Tam to take their businesses away from them.
* * * * * *
Examples of Pollution
Three cities in Indiana were fined $20 million for polluting the Allegheny
River after repeated warnings to cease and desist. The EPA finally hauled
them into court, and the court levied an appropriate fine in proportion to
the amount and extent of the pollution as a warning to others.
During the same month, a chemical manufacturer, who allowed leaking drums
of toxic chemicals to spill their contents into the ground and pollute the
ground water, was fined $3.2 million.
These two incidents were reported in the New York Times and were found on
microfiche in a public library. During the last ten years, many other
pollution incidents have resulted in huge fines being levied by the courts.
A fairly recent one, on June 1, 1990, was reported in the Register-Guard
(Eugene,Oregon). The headline read, "Company accused of illegal dumping".
An excerpt from that story:
"A defunct petroleum company was charged Thursday with illegally burning,
dumping and storing hazardous waste, including surplus napalm bombs.
Prosecutors alleged that a puddle of waste from the company was so toxic it
melted the shoe soles of a passing jogger." (This "waste disposal" plant
operated about three miles from downtown Salt Lake City.)
"A 12-count indictment alleges that Steven Self of Fallbrook, Calif., and
his defunct Ekotek Inc. of knowingly ignoring federal environmental laws.
The indictment alleges Ekotek "duped environmentally conscious businesses
into believing that waste materials were being properly disposed of."
Company vice president Steven Miller pleaded guilty Wednesday to three
felony charges of conspiracy and violations of federal environmental laws.
"Ekotek -- which was in the business of recycling or destroying waste oil
products -- discharged into the public sewer system approximately 10,000
gallons of (toxic) waste water per day, the indictment said.
"Miller, who agreed to testify against Self and cooperate with cleanup
officials in exchange for his plea (bargaining), faces up to 13 years in
prison and a fine of up to $750,000.
"If convicted on all charges, Self and the company (Ekotek) may be fined up
to $24 million and Self would face a prison term of up to 45 years."
Air Pollution
Another book, by Michael Brown, "The Toxic Cloud" ($9.95), tells about the
poisoning of America's air. It's another bombshell disclosure about
corporations and others, who pollute the air with extremely dangerous
chemical fumes, toxic smoke from burning hazardous waste, industrial trash,
and all kinds of plastics, which create highly toxic clouds of poisonous
vapors -- many unseen -- wafting across the nation and breathed by
everyone.
AIDS pales in comparison to the poisoning of America's air and water which,
in the long run, may kill or seriously impair the health of everyone.
Here's what the back cover of "The Toxic Cloud," says:
"Something in the air is wearing away the tombstones of Jacksonville,
Arkansas. It's caused a rash of leukemia deaths in Port Neches, Texas, and
dime-sized holes between the nostrils of workers in Newark, N.J. In rural
Michigan, geese are born with their wings on backwards; in Casmalia,
California, a man explodes from pulmonary swelling; in Tennessee,the Blue
Ridge Mountains are turning dark brown.
" Respiratory disease is the most rapidly increasing form of death in the
United States. Yet Industrial leaks, accidents, and completely unregulated
emissions throw billions of pounds of gases, particles, and vapors into the
air we breathe. Some of these toxins are like World War II nerve gas; some
are what caused the tragedy of Bhopal; some are dioxins; and some we know
nothing about." Unquote.
Comment: The tonnage of pollutants quoted above vary in number by each
author mainly because they were taken at different years. I've quoted them
correctly (for those different time periods). However, their figures need
to be increased proportionately for the passage of time, the increased
proliferation of toxic chemicals, and the increase in legal and illegal
dumping and spraying.
Incentives
Everyone is adversely affected by pollution -- especially toxic pollution
of land, water and air. I agree with politicians who say that helping to
prosecute pollution violators is reward in itself. However, being a
Polluter Tooter can be an very hazardous job. You should be paid, too.
Protective clothing is essential when you approach a suspected polluted
area. Rubber gloves and boots, and even a gas mask, are recommended. A
bullet-proof vest might also be part of your gear. "Poisoning for Profit"
explains Organized Crime's heavy infiltration in this illegal but very
lucrative activity. Because of the danger, Polluter Tooters should be
compensated by substantial monetary rewards.
Fortunately, a couple of current laws provide appropriate and substantial
rewards plus 50% of the fines and forfeitures!
Environmental Laws
Title 33 - Navigation and Navigable Waters
33 USCS 407
Deposit of Refuse in Navigable Water Generally
It shall not be lawful to throw, discharge, or deposit, or cause, suffer,
or procure to be thrown, discharged, or deposited either from or out of any
ship, barge, or other floating craft of any kind, or from the shore, wharf,
manufacturing establishment, or mill of any kind, any refuse matter of any
kind or description whatsoever other than that flowing from streets and
sewers and passing therefrom in a liquid state, into any navigable water of
the United States, or into the tributary of any navigable water from which
shall float or be washed into such navigable water; and it shall not be
lawful to deposit, or cause, suffer, or procure to be deposited material of
any kind in any place on the bank of any navigable water, or on the bank of
any tributary of any navigable water, where the same shall be liable to be
washed into such navigable water, either by ordinary or high tides, or by
storms or floods, or otherwise whereby navigation shall or may be impeded
or obstructed...."
* * * * * *
Comment: the remainder of this section makes exceptions for the lawful
construction of, and improvements to, bridges, wharfs, or projects that are
authorized by the government.
The term "navigable waters" includes any flowing stream that has water deep
enough to float a boat or log at high tide. The term "refuse" has been
broadly defined by the Supreme Court to include all foreign substances and
pollutants, including solids of all kinds, oils, chemicals, and any other
liquid pollutants. The only materials excepted are runoffs from sewers in
liquid form.
Manufacturing plants, pulp mills, and similar industrial firms are
conveniently located on rivers and waterways for both fresh water intake
and to discharge their (polluted) wastewater and other matter. The latter
is usually illegal unless the company has a permit form the Corps of
Engineers and is monitored by them. Companies know the Corps would not give
them a permit to discharge hazardous wastes, and hauling their many tons of
toxic waste is very expensive. They are tempted to illegally discharge it
in nearby rivers and streams. They're the ones to watch for late night
discharges from pipes, truck tankers, and drums.
* * * * * *
33 USCS Section 411
Reward for Information Leading to the Arrest of Anyone who Violates the
Refuse Act and Resultant Pollution of Navigable Waters.
Every person and every corporation that shall violate, or that shall
knowingly aid, abet, authorize or instigate a violation of the provisions
of sections thirteen, fourteen, and fifteen of this Act (33 USCS sec 407,
408, 409) shall be guilty of a misdemeanor, and on conviction thereof shall
be punished by a fine not exceeding $2,500 nor less than $500, or by
imprisonment (in the case of a natural person) for not less than thirty
days nor more than one year, or by both such fine and imprisonment, in the
discretion of the court, one-half of said fine to be paid to the person or
persons giving information which shall lead to conviction."
* * * * * *
CrimeFighters will seldom chance upon a one-time violator. Repetitive
violators are the ones most likely to be found. A fine of up to $2,500 to
$25,000 per day, for each violation, can become hundreds of thousands of
dollars. Fines range into millions of dollars for corporate or municipal
violators.
The phrase "in the discretion of the court" applies to the size of the
fine, not how much will be paid to the CrimeFighter. CrimeFighters get paid
50% of the fines and forfeitures!
The 1972 Water Pollution Control Act amendments provide more stringent
federal standards for toxic discharges, a heavier fine from $2,500 up to
$25,000 PER DAY for first offense and up to $50,000 a day for subsequent
convictions. The 1972 amendments includes a specific provision by which
citizens can initiate lawsuits to enforce standards (under Qui tam law).
In addition, the court may authorize forfeiture of vehicles and related
equipment when they're actually used in the violation.
A more recent law, known as the "Comprehensive Environmental Response,
Compensation and Liability Act of 1980," is referred to as Title 42, USCS
9601 et sequence. This one, more or less replaces the "1899 Refuse Act"
(Title 33 USCS 407). But, since both are still on the books, either one
may be used, whichever is the most "rewarding" to the Crimefighter.
The 1899 Refuse Act provides the maximum reward percentage of 50%, but not
necessarily the largest reward. If violations have occurred repeatedly
over a long period, the $2,500 to $25,000 per day accumulated fines may be
a considerable amount. Both laws should be analyzed to determine which one
provides the maximum financial penalty and reward.
Title 42 USCS 9602
USCS 9602 is rather long. I'll omit some of the sections and paragraphs for
the sake of brevity, but will include those I believe are relevant to a
CrimeFighter.
"USCS 9602 - Designation of Additional Hazardous Substances and
Establishment of Reportable Released Quantities; Regulations
(a) The Administrator (E.P.A.) shall promulgate and revise as may be
appropriate, regulations designating as hazardous substances, in addition
to those referred to in section 101(14) of this title [42 USCS 9601(14)],
such elements, compounds, mixtures, solutions, and substances which, when
released into the environment may present substantial danger to the public
health or welfare or the environment, and shall promulgate regulations
establishing that quantity of any hazardous substance the release of which
shall be reported pursuant to section 103 of this title [42 USCS 9603]. The
Administrator may determine that one single quantity [one pound] shall be
the reportable quantity for any hazardous substance, regardless of the
medium into which the hazardous substance is released. For all hazardous
substances for which proposed regulations establishing reportable
quantities were published in the Federal Register under this subsection on
or before March 1, 1986, the Administrator shall promulgate under this
subsection final regulations establishing reportable quantities not later
than December 31, 1986. For all hazardous substances for which proposed
regulations establishing reportable quantities were not published in the
Federal Register under this subsection on or before march 1, 1986, the
Administrator shall publish under this subsection proposed regulations not
later than December 31, 1986, and promulgate final regulations not later
than April 30, 1988.
* * * * * *
Comment: That means, in effect, any toxic (hazardous) material released in
any way into the environment, whether in the air, on the land, or in the
water, directly or indirectly, must be reported by the person disposing of
such hazardous waste and if such is not reported and regulated (under
stringent conditions), is illegal and punishable by law (Title 42, Public
Health and Welfare, USCS 9609). This law is applicable to illegal dump
sites.
42 USCS 9603 - 9608 are exceptionally long and deal with directions to the
EPA to establish regulations, reporting and bookkeeping requirements for
companies, and so on. If you want to be a serious Polluter Tooter, go to
your library and make photocopies of the entire text which takes about ten
pages of copy. I'll skip those in this book to get to the penalties and
reward section.
(Where the law says "the President", it doesn't really mean the President
himself. It means the U.S. Attorney, or the local Assistant U.S. Attorney,
or in the event you are eligible via Qui Tam law, and want to assert your
right to be the prosecutor, it means YOU!)
42 USCS 9609 Civil Penalties and Awards
(a) Class I administrative penalty. (1) Violations. A civil penalty of not
more than $25,000 per violation may be assessed by the President in the
case of any of the following-
(A) A violation of the requirements of section 103(a) or (b) [42 USCS 9603]
(relating to notice).
(B) A violation of the requirements of section 103 (d)(2) [42 USCS 9603]
(relating to destruction of records, etc.).
(C) A violation of the requirements under section 108 [42 USCS 9608]
(relating to financial responsibility, etc., the regulations issued under
108, or with any denial or detention order under section 108.
(D) A violation of an order under section 122(d)(3) [42 USCS 9622]
(relating to settlement agreements for action under section 104(b).
(E) Any failure or refusal referred to in section 122(l) [42 USCS 9622(l)]
(relating to violations administrative orders, consent decrees, or
agreements under section 120 [42 USCS 9620]
(2) Notice and hearings. No civil penalty may be assessed under this
subsection unless the person accused of the violation is given notice and
opportunity for a hearing with respect to the violation.
(3) Determining amount. In determining the amount of any penalty assessed
pursuant to this subsection, the President shall take into account the
nature, circumstances, extent and gravity of the violation or violations
and, with respect to the violator, ability to pay, any prior history of
such violations, the degree of culpability, economic benefit or savings (if
any) resulting from the violation, and such other matters as justice may
require.
(4) Review. Any person against whom a civil penalty is assessed under this
subsection may obtain review thereof in the appropriate district court of
the United States by filing a notice of appeal in such court within 30 days
from the date of such order and by simultaneously sending a copy of such
notice by certified mail to the President. The President shall promptly
file in such court a certified copy of the record upon which such violation
was found or such penalty imposed. If any person fails to pay an assessment
of a civil penalty after it has become final an unappealable order or after
the appropriate court has entered final judgment in favor of the United
States, the President may request the Attorney General of the United States
to initiate a civil action in any appropriate district court of the United
States to collect the penalty, and such court shall have jurisdiction to
hear and decide any such action. In hearing such action, the court shall
have authority to review the violation and the assessment of the civil
penalty on the record.
(5) Subpoenas. The President may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant papers, books, or
documents in connection with hearings under this subsection. In case of
contumacy or refusal to obey a subpoena issued pursuant to this paragraph
and served upon any person, the district court of the United States for any
district in which such person is found, resides, or transacts business,
upon application by the United States and after notice to such person,
shall have jurisdiction to issue an order requiring such person to appear
and give testimony before the administrative law judge or to appear and
produce documents before the administrative law judge, or both, and any
failure to obey such order of the court may be punishable by such court as
a contempt thereof.
(b) Class II Administrative penalty. A civil penalty of not more than
$25,000 per day for each day during which the violation continues may be
assessed by the President in the case of any of the following -
(1) A violation of the requirements of section 103(a) or (b) [42 USCS 9603]
(relating to notice).
(2) A violation of the requirements of section 103 (d)(2) [42 USCS 9603]
(relating to destruction of records, etc.).
A violation of the requirements under section 108 [42 USCS 9608] (relating
to financial responsibility, etc., the regulations issued under 108, or
with any denial or detention order under section 108.
(4) A violation of an order under section 122(d)(3) [42 USCS 9622]
(relating to settlement agreements for action under section 104(b).
(5) Any failure or refusal referred to in section 122(l) [42 USCS 9622(l)]
(relating to violations administrative orders, consent decrees, or
agreements under section 120 [42 USCS9620]
In the case of a second or subsequent violation the amount of such penalty
may not be more than $75,000 for each day during which the violation
continues. Any civil penalty under this subsection shall be assessed and
collected in the same manner, and subject to the same provisions, as in the
case of civil penalties assessed and collected after notice and opportunity
for hearing on the record in accordance with section 554 of title 5 of the
United States Code. In any proceeding for the assessment of a civil penalty
under this subsection the President may issue subpoenas for the attendance
and testimony of witnesses and the production of relevant papers, books and
documents and may promulgate rules for discovery procedures. Any person who
requested a hearing with respect to a civil penalty under this subsection
and who is aggrieved by an order assessing the civil penalty may file a
petition for judicial review of such order with the United States Court of
Appeals for the District of Columbia Circuit or for any other circuit in
which such person resides or transacts business. Such a petition may only
be filed within a 30-day period beginning on the date the order making such
an assessment was issued.
(c) Judicial assessment. The President may bring an action in the United
States district court for the appropriate district to assess and collect a
penalty of not more than $25,000 per day for each day during which the
violation (or failure or refusal) continues in the case of any of the
following -
(1) A violation of the requirements of section 103(a) or (b) [42 USCS 9603]
(relating to notice).
(2) A violation of the requirements of section 103 (d)(2) [42 USCS 9603]
(relating to destruction of records, etc.).
(3) A violation of the requirements under section 108 [42 USCS 9608]
(relating to financial responsibility, etc., the regulations issued under
108, or with any denial or detention order under section 108.
(4) A violation of an order under section 122(d)(3) [42 USCS 9622]
(relating to settlement agreements for action under section 104(b).
(5) Any failure or refusal referred to in section 122(l) [42 USCS 9622(l)]
(relating to violations administrative orders, consent decrees, or
agreements under section 120 [42 USCS9620]
(d) Awards. The President may pay an award of up to $10,000 to any
individual who provides information leading to the arrest and conviction of
any person for a violation subject to a criminal penalty under this Act,
including any violation of section 103 [42 USCS 9603]and any other
violation referred to in this section. The President shall, by regulation,
prescribe criteria for such an award and may pay any award under this
subsection from the Fund, as provided in section 111 [42 USCS 9611].
* * * * * *
Comment: The maximum reward of $10,000 is relatively small when compared to
other laws that pay 50% of all fines and forfeitures. Depending on the
circumstances, RICO may apply. If RICO can be used, it may provide a larger
reward via 50% of fines and forfeitures. Also negotiate a $25,000 reward
under the catch-all reward law 18 USCS 3059.
Remember, as prosecutor, you determine which laws you want to use. If any
agency wants to do the prosecution, you should negotiate to get the same
reward if you prosecuted the case yourself.
* * * * * *
Here's another law that pertains to solid wastes.
Title 42 USCS 6901 et seq. is a specific law to control solid wastes, and
in particular, is relevant to illegal and unregulated dump sites for
hazardous wastes.
42 USCS 6901 is also very lengthy. I'll try to condense the two or three
pages of the usual preamble, and administrators duties and other lengthy
wording to just a couple of short chapters -- in my own words.
6928(c) Federal enforcement, deals with penalties for violations.
6928 Violation of compliance orders. Violators are warned to comply with
EPA's rules, regulations and standards. If they don't, they may be fined a
civil penalty of $25,000 for each day of continued non-compliance.
6928(d) Criminal penalties. Any person who knowingly transports, treats or
disposes of any hazardous waste identified or listed under this subchapter
to a facility which does not have a permit, or omits information, or lies
about it to cover it up, or does anything that is intended to violate this
law, can be fined up to $50,000 for each day of violation or imprisonment
not to exceed two years, or five years if knowingly and willfully trans-
ports, treats and stores hazardous wastes in violation of this section.
In addition, if the violator knows at the time of the violation he places
any other person in imminent danger of death or serious bodily injury, he
can be fined up to $250,000 or imprisoned for not more than fifteen years,
or both. A violator who is an organization shall be fined not more than
$1,000,000.
(g) Civil penalty. May be fined $25,000 for each violation. Each day of
such violation shall be considered as a separate violation.
* * * * * *
Comment: Unfortunately, lawmakers have overlooked the usual reward for
information leading to the arrest and conviction for this law [42 USCS 6901
et seq.], which is the heart and guts of serious pollution control of
illegal dump sites. However, unless the law forbids rewards, assume they
are available and negotiable. Where a law is weak or fails to provide a
reward, use RICO and other laws that pay more generous rewards.
33 USCS 1319, a law on enforcement of pollution standards (mentioned
below), provides for civil action related fines. It doesn't provide a
reward to be paid for information leading to the conviction of violators.
If there's no felony charges, there is no possible reward available under
USCS 3059. In this situation, use civil suits to maximize your rewards via
out-of-court settlements of a Crimefighters' civil suit.
Each State has similar criminal and anti-pollution laws, that may be used
instead of Federal laws, providing they are at least as strict as Federal
laws and pay generous rewards.
If the violator is in the business of handling and disposing of toxic
wastes for large corporations as an example, RICO can be used. RICO may
also apply to the toxic waste corporations if it can be proved they were
negligent in ensuring proper disposal ("negligent entrustment").
Be sure to talk to a lawyer before deciding on which law to use to maximize
your rewards. There are many to choose from, but not all are equal.
Title 33 USCS 1315 et seq. provides National standards of performance
(guidelines) for toxic wastes and pollution controls. The information in
these sections are important to Polluter Tooters who want to zero in on
this aspect of criminal activity. It's too lengthy to include here. This
book is mainly concerned with laws that provide rewards to citizens to help
law enforcement. (Visit a library and make photocopies of pages you want.)
USCS 1316 contains a shopping list of possible pollution sources that may
provide you with more specific direction. If any are in your neighborhood,
check them out for possible pollution violations:
Pulp and paper mills; paperboard, builders paper and board mills; meat
product and rendering processing; dairy product processing; grain mills;
canned and preserved fruit and vegetable processing; canned and preserved
seafood processing; sugar processing; textile mills; cement manufacturing;
feedlots; electroplating; organic chemicals manufacturing; inorganic
chemicals manufacturing; plastic and synthetic materials manufacturing;
soap and detergent manufacturing; fertilizer manufacturing; petroleum
refining; iron and steel manufacturing; nonferrous metals processing;
ferroalloy manufacturing; phosphate manufacturing; steam electric power
plants; leather tanning and finishing; glass and asbestos manufacturing;
rubber processing; and timber products processing.
Recommended Reading
Try to obtain Michael Brown's books," Laying Waste," and "The Toxic Cloud"
for facts and figures, names of companies, cities and towns with severe
pollution. Both are out of print. Look for them in used book stores. They
may be found in public libraries.
If you're interested in learning about water pollution, and want to know
more about it, write to Citizen's Clearinghouse for Hazardous Wastes, Inc.,
P.O. Box 926, Arlington, VA 22216. Ask for their catalog.
F9 for next Chapter