Alaska Department of Environmental Conservation Alaska Department of Environmental Conservation Division of Administrative Services Environmental Crimes Unit ADEC Environmental Enforcement ADEC Environmental Enforcement
Types of Enforcement Alaska Department of Environmental Conservation Division of Administrative Services Environmental Crimes Unit • ADEC may pursue • ADEC may pursue – Administrative – Civil Ci il – Criminal
Alaska Department of Environmental Conservation Administrative Enforcement Division of Administrative Services Environmental Crimes Unit • Administrative Enforcement is taken Administrative Enforcement is taken by ADEC under its own authority, without involving a court process involving a court process – The majority of ADEC's enforcement actions
Alaska Department of Environmental Conservation Civil Judicial Enforcement Division of Administrative Services Environmental Crimes Unit • Formal lawsuits filed in court against persons or entities that have failed to comply with or entities that have failed to comply with statutory/regulatory requirements or with an administrative order administrative order – The court can assess a penalty or issue a court order ‐ an injunction ‐ to require compliance j q p
Alaska Department of Environmental Conservation Division of Administrative Services Criminal Enforcement Environmental Crimes Unit • Usually reserved for the most serious violations that are willful or knowingly committed g y – Court conviction can result in the imposition of fines and/or imprisonment • Misdemeanors – Indv ‐‐ 1 yr jail and/or $10K fine, up to 5 yrs probation; Co ‐‐ $500K fine, or 3x times pecuniary gain • Felonies – Indv ‐‐ no jail to life in prison w/o parole $5K fine Felonies Indv no jail to life in prison w/o parole, $5K fine an up; Co ‐‐ max fines can easily approach $1M
Alaska Department of Environmental Conservation Environmental Crimes Unit Division of Administrative Services Environmental Crimes Unit Investigates most significant and egregious violations of g g environmental laws that pose the greatest threat to human health and the environment
Alaska Department of Environmental Conservation Division of Administrative Services Enforcement Team Environmental Crimes Unit • Inspector/Enforcement Officers • Program managers Program managers • Technical experts • Law enforcement L f t – Investigators – Police • Attorneys
Alaska Department of Environmental Conservation The Enforcement Funnel Division of Administrative Services Environmental Crimes Unit Reports from the Public or Industry Reports from other Agencies Initial Investigation by ADEC Initial Investigation by ADEC Observations by ADEC Inspectors Ob ti b ADEC I t Unfounded Administrative Actions Civil Actions Criminal Investigations Non ‐ Criminal in Nature l Attorney General
Alaska Department of Environmental Conservation ADEC Structure Division of Administrative Services Environmental Crimes Unit ADEC Admin Environmental Air Quality Water SPAR Services Services Health Health IT Services Permits Wastewater State Vet IPP Admin Services Monitoring Monitoring Cruise Ships Cruise Ships Food Safety F d S f t PERP ECU Non ‐ Point Mobile Source APDES Drinking Water CS Compliance Solid Waste Facilities Pesticides
Alaska Department of Environmental Conservation How You Fit into the Picture Division of Administrative Services Environmental Crimes Unit The emissaries for the environment in your y communities or organizations. Eye Witnesses y
Alaska Department of Environmental Conservation Environmental Crimes Unit Division of Administrative Services Environmental Crimes Unit Chief Investigator Mike Charland 907 ‐ 269 ‐ 7567 Investigator Parrish Moses 907 ‐ 451 ‐ 5157 ADEC Website h http://dec.alaska.gov/ //d l k /
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