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April 1991
POLICE PRACTICES:
CHP'S HAZARDOUS WASTE INVESTIGATIVE UNIT
The amount of hazardous waste generated in this country
changed dramatically with the industrial growth that followed
World War II. For example, by the end of the war, U.S.
industries generated roughly 500,000 metric tons of hazardous
waste per year. (1) The Environmental Protection Agency's
Office of Solid Waste now reports that the amount of hazardous
waste generated has soared to approximately 300 million metric
tons per year.
As the volume of hazardous waste production increased, the
public became more aware of the dangers of improperly managed
hazardous waste. Congress responded to this problem with strong
legislation to protect both the environment and public health,
and cities and States enacted strict pollution control laws to
prohibit the illegal disposal of hazardous and toxic wastes.
These pollution control laws impact on corporations, which
must bear the financial burden of proper waste disposal. As a
result, to reduce operating costs, some corporations dispose of
hazardous and toxic waste illegally. In order to avoid
detection and prosecution, these corporations have, over the
years, become more sophisticated in the illegal methods by which
they dispose of their hazardous waste. To combat this growing
problem, the California Highway Patrol (CHP) established a
Hazardous Waste Investigations Unit.
A SPECIALIZED UNIT
The CHP, as a State agency, has jurisdiction throughout the
entire State. And, because hazardous waste cases require
closely coordinated multijurisdictional investigations, the CHP
is the primary investigative agency for these crimes within
California.
The purpose of the Hazardous Waste Investigative Unit is to
reduce the number of violations involving the transportation and
disposal of hazardous waste within the State. There are 10
hazardous waste investigators located in CHP divisions
throughout the State. These investigators:
* Investigate and seek prosecution of those who illegally
transport and dispose of hazardous waste
* Reduce the amount of illegally transported hazardous
waste through public awareness programs and industry
contact
* Assist patrol officers in cases that involve the
transportation or disposal of hazardous waste
* Train personnel of both CHP and other agencies
concerning hazardous waste
* Coordinate investigations with other agencies
* Participate in local task forces
The Hazardous Waste Unit investigators receive information
concerning illegal waste disposal from a variety of sources,
including informants, disgruntled employees, competitors, other
State agencies, and field officers. Information received
through these various channels has allowed the CHP to enact an
innovative approach to the problem.
A PROACTIVE APPROACH
In 1989, investigators of the Los Angeles County
Environmental Strike Force and the CHP Hazardous Waste Unit
tried a proactive approach to investigate illegal transporters
of hazardous waste. The technique targets individual companies
that are suspected of illegal activity in hazardous waste
transportation and disposal.
A surveillance team focused on a particular hazardous waste
disposal company that was licensed in California. There had
been several complaints from companies that generate hazardous
waste about the manner in which this transporter handled or
transported waste from its facilities. A truck from the company
was kept under surveillance from the early morning hours until
the end of the day. Within 2 days, investigators witnessed
several violations committed by the transporter, including
felony transportation and disposal. During the surveillance,
another company was also observed transporting and disposing of
wastes illegally.
This surveillance resulted in several Federal and State
charges being filed, and in addition, opened a new door
concerning the illegal transportation of hazardous wastes to
Mexico. The CHP, the EPA, and the FBI are continuing to focus
on the illegal transportation of hazardous wastes into Mexico,
and they have formed a liaison with the EPA's Mexican
counterpart.
CONCLUSION
The California Highway Patrol is emerging as a forerunner
of investigations concerning the illegal transportation of
hazardous waste throughout the State. Since its inception, the
Hazardous Waste Investigations Unit has investigated or taken
part in over 250 cases several of which have resulted in felony
charges. At the present time, the unit has a 100% conviction
rate on cases that have been filed through the District
Attorney's office. In addition, since 1985, the CHP has been
reimbursed over $40,000 for investigative services performed,
not including fines entitled to the State.
The illegal disposal and transportation of hazardous waste
is a growing concern for both the public and law enforcement.
The CHP's Hazardous Waste Investigations Unit is an innovative
approach to this problem one that other departments may want to
incorporate into their operations.
FOOTNOTE
(1) U.S. EPA Office of Solid Waste, RCRA Orientation
Manual, January 1986, doc. no. WH562, Washington, D.C., 1986, pp
1-3.
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For more information on Hazardous Waste Investigative
Units, contact Sgt. Lance Erickson, Department of California
Highway Patrol, Southern Environmental Crimes Unit, 437 North
Vermont Avenue, Los Angeles, California 90004, 1-212-664-0695.