Environmental Crimes Handbook
New Jersey Environmental Crimes Handbook A Guide for Law Enforcement Personnel 2019 UpdateEnvironmentalCrimesHandbookA Guide for Law Enforcement Personnel2019 UpdateState of New JerseyDepartment of Law & Public SafetyDivision of Criminal JusticeGurbir S. GrewalNJ Attorney GeneralVeronica AllendeDCJ Director
New Jersey Environmental Crimes Handbook A Guide for Law Enforcement Personnel 2019 UpdateLetter from Attorney GeneralGurbir S. GrewalDear Law Enforcement Officer:When I became New Jersey’s 61st Attorney General on January 16, 2018,I committed to protecting New Jersey’s environment and the health ofour residents and I pledged to use all the tools at my disposal, both civiland criminal, in order to do so. In the past two years, attorneys at theDepartment of Law and Public Safety have been making good on thatpromise, from filing charges against individuals who illegally dumpedwaste and hazardous materials under a highway to arresting officialswho failed to properly test a town’s safe drinking water. Each step of theway, I have benefited from the skill and diligence of the investigators andprosecutors in the Division of Criminal Justice, Specialized Crimes Bureau,Environmental Crimes Unit.But my Department cannot do this work alone—which is where lawenforcement officers across the state come in. A range of laws already existthat empower law enforcement officers to investigate, arrest, and prosecuteindividuals and companies that harm our environment and put our healthat risk. The laws cover a variety of environmental threats, from the releaseof hazardous chemicals in our communities to the pollution of the air webreathe and the water we drink.i
New Jersey Environmental Crimes Handbook A Guide for Law Enforcement Personnel 2019 UpdateWe want to help you and all law enforcement officers identify, respondto, and prosecute potential environmental crimes in your jurisdiction. Toempower law enforcement officers across the state to understand the rangeof environmental crimes, the Environmental Crimes Unit has put togetherthis summary of state environmental criminal laws. This manual seeks to listthe elements and penalties of all the most common and widely applicableenvironmental laws.1Of course, that is not all we are doing to support environmental enforcementefforts. At the same time as we are sharing this manual with law enforcementofficers, the Environmental Crimes Unit is developing a training to provideto state and local investigators and prosecutors to help you addressenvironmental crimes. And, as always, if you suspect an environmentalcriminal violation, you can call our Unit at 609-571-5798.Environmental crimes put the safety and well-being of our residents at risk.Together, we can root them out and hold the violators accountable.Sincerely,Gurbir GrewalAttorney General1. This handbook would not be possible without the hard work of the Division of CriminalJustice, including its Director Veronica Allende and Deputy Director Christine Hoffman.I would like to especially thank Sergeant Steven Ogulin and former Deputy Attorney GeneralChristopher Keating for their research and for authoring this handbook.ii
New Jersey Environmental Crimes Handbook A Guide for Law Enforcement Personnel 2019 UpdateMessage from the Division ofCriminal JusticeThe Division of Criminal Justice’s Environmental Crimes Unit has putthis manual together so that law enforcement officers will have access to aconsolidated summary of New Jersey’s environmental crimes statutes toassist them in their investigations. We hope that this manual will assist youin your immediate efforts to respond to and identify potential environmentalcrimes in your jurisdiction. However, if you suspect a criminal violation,please consult with your county prosecutor’s office, or call our EnvironmentalCrimes Unit’s Duty Officer at 609-571-5798.In addition to providing a list of environmental crimes and elements, we areproviding a list of Frequently Asked Questions and answers, in an effort to helpinvestigators and prosecutors who are learning about this area for the first time.Frequently Asked QuestionsWhat is an environmental crime?Under New Jersey law, an environmental crime or offense is an act, committedwith the requisite mental state, which violates one of the statutes contained inthis Handbook. There are often related crimes that accompany environmentalcrimes, such as Tampering with Public Records, Theft, Bribery, or OfficialMisconduct.Environmental crimes and offenses can be committed purposefully,knowingly, recklessly, or negligently. Additionally, some environmental crimesand offenses are strict liability crimes. They can occur during the creation,transportation, treatment, or disposal of harmful substances. They can alsooccur through the violation of New Jersey’s fish and wildlife laws.What are the motives to commit these crimes?Experience has shown that the motive to commit these crimes and offensesis usually monetary gain. Properly disposing of pollutants can be expensive,and some offenders are tempted to cut corners to save costs.Where can I find the statutes andregulations covering these crimes?This Handbook contains references to the statutes covering environmentalcrimes in New Jersey. Most environmental crimes have their own set ofstatutes, and are not contained in New Jersey’s Criminal Code. Many alsohave correlating regulations in the New Jersey Administrative Code.iii
New Jersey Environmental Crimes Handbook A Guide for Law Enforcement Personnel 2019 UpdateIs the harm caused by environmental crimesimmediately apparent?Harm from environmental crimes may, but need not, be imminent orimmediately evident. Often, harm from environmental crimes may be causedover long periods of time. The cumulative effects of environmental crimesmay be as bad as, or even worse than, a single large-scale incident.What are the penalties for committing environmental crimes?Environmental crimes are graded just like any other crime under New Jerseylaw. Many carry enhanced financial penalties. Offenders may also be subject tocivil forfeiture of the proceeds and instrumentality of their criminal acts. Likewise,environmental offenses are either disorderly persons or petty disorderlypersons offenses. Not every violation of New Jersey’s statutes and regulationsprotecting the environment and natural resources are crimes or offenses;some are handled civilly or administratively and may result in a fine.Why should local and county law enforcementknow about such crimes?Criminal investigations are a law enforcement function. In the field ofenvironmental crimes, such investigations may coincide with a public safety oradministrative response to an environmental incident. In fact, criminal activitymay not be suspected or become evident until well into a public safety response.Please also be cognizant that such crime scenes are inherently dangerous. Pleasedo not enter such scenes without the proper training, experience, and equipment.Who can local and county law enforcement officerscall for help when they encounter a suspectedEnvironmental Crime or Offense?Notifications for suspected environmental crimesDCJ Environmental Crimes Unit(609) 984-6500 during work hours(609) 571-5798 after hoursNotifications for release of hazardous substancesand environmental law violationsNJ DEP Emergency Dispatch(877) 927-6337iv
New Jersey Environmental Crimes Handbook A Guide for Law Enforcement Personnel 2019 UpdateIndexI.Air Releases & Air PollutionA. Air Pollution Control Act, N.J.S.A. 26:2C-19f. 1B. Unlawfully cause release or abandonment of a toxic pollutant,N.J.S.A. 2C:17-2a(2). 2II.Asbestos & LeadA. Asbestos Control and Licensing Act, N.J.S.A. 34:5A-41. 3B. Unlawfully cause release or abandonment of a toxic pollutant,N.J.S.A. 2C:17-2a(2). 4C. Causing a risk of widespread injury or damage, N.J.S.A. 2C:17-2c. 4D. Lead Paint Hazard Inspection and Abatement, N.J.S.A. 26:2Q-7. 5III. Fish & WildlifeA. Endangered and Non-Game Species Conservation Act,N.J.S.A. 23:2A-10f. 6B. Unlawful sale or purchase of wildlife, N.J.S.A. 23:4-27. 6IV. Hazardous ChemicalsA. Creating or risking widespread injury or damage, N.J.S.A. 2C:17-2c. 7B. Pesticide Control Act, N.J.S.A. 13:1F-10f (enacted 2008). 7C. Underground Storage Tank Act, N.J.S.A. 58:10A-32. 8D. Unlawfully causing a discharge required to be reported under the“Spill Compensation and Control Act,” N.J.S.A. 2C:17-2a(2). 9E. Violation of law intended to protect public health and safety,N.J.S.A. 2C:40-18. 10V.Land UseA. Coastal Area Facility Review Act, N.J.S.A. 13:19-18f. 11B. Flood Hazard Area Control Act, N.J.S.A. 58:16A-63f. 12C. Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-21f. 13D. Waterfront Development Act, N.J.S.A. 12:5-6g. 13iii
New Jersey Environmental Crimes Handbook A Guide for Law Enforcement Personnel 2019 UpdateIndex continuedVI. Radiation and Radioactive MaterialsA. Radiation Protection Act, N.J.S.A. 26:2D-22. 14B. Radiologic Technologist Act, N.J.S.A. 26:2D-36. 14C. Radon Monitoring and Mitigation, N.J.S.A. 26:2D-77. 14VII. Waste Related CrimesA. Comprehensive Regulated Medical Waste Management Act,N.J.S.A. 13:1E-48.20. 15B. Unlawfully cause release or abandonment of hazardous waste,N.J.S.A. 2C:17-2a(2). 17C. Solid Waste Management Act (hazardous waste), N.J.S.A. 13:1E-9.17D. Solid Waste Management Act (non-hazardous waste),N.J.S.A. 13:1E-9.6. 19E. Solid Waste Utility Control Act, N.J.S.A. 48:13A-12. 21F. Legacy Landfill Act, N.J.S.A. 13:1E-125.5, 13:1E-125.6. 22VIII. Water Related CrimesA. Ocean Dumping Enforcement Act,N.J.S.A. 58:10A-49, N.J.S.A. 58:10A-59. 23B. Safe Dam Act, N.J.S.A. 58:4-6f. 23C. Safe Drinking Water Act, N.J.S.A. 58:12A-10f. 24D. Water Supply Management Act, N.J.S.A. 58:1A-16f. 24E. Water Pollution Control Act, N.J.S.A. 58:10A-10f. 25iv
New Jersey Environmental Crimes Handbook A Guide for Law Enforcement Personnel 2019 UpdateI.Air Releases & Air PollutionA. Air Pollution Control Act (“APCA”), N.J.S.A. 26:2C-19f.2Degree &Enhanced PenaltiesMaterial ElementsCulpability1. Violates the provisions of the APCA, or any code, rule,regulation, administrative order, or court order adoptedor issued pursuant thereto.PurposefulorKnowingThird2. Violates any federally mandated air pollution controlrequirement, any operating permit condition, or anyfee or filing requirement imposed in connection with anoperating permit.PurposefulorKnowingThirdFine: 10,000 per dayper violation.3. Makes any false material statement, representation,or certification in any form, notice, statement, or reportrequired in connection with an operating permit, or whopurposely or knowingly renders inaccurate any monitoringdevice or method required by an operating permit.PurposefulorKnowingThirdFine: 10,000 per dayper violation.4. Violates the provisions of the APCA or any code, rule,regulation, administrative order, or court order adoptedor issued pursuant thereto.RecklessFourth2. Since 2007, no statute of limitations for this offense, as per N.J.S.A. 2C:1-6a(2).1
New Jersey Environmental Crimes Handbook A Guide for Law Enforcement Personnel 2019 UpdateB. Unlawfully cause a release of hazardous waste3 or a toxic pollutant,4N.J.S.A. 2C:17-2a(2).5Degree &Enhanced PenaltiesMaterial ElementsCulpability1. Unlawfully causes a release or abandonment ofhazardous waste, as defined in N.J.S.A. 13:1E-38, or atoxic pollutant, as defined in N.J.S.A. 58:10A-3.PurposefulorKnowingSecond2. Unlawfully causes a release or abandonment ofhazardous waste, as defined in N.J.S.A. 13:1E-38, or atoxic pollutant, as defined in N.J.S.A. 58:10A-3.RecklessThird3. See N.J.S.A. 13:1E-38 (defining “hazardous waste” as any waste or any combination of waste whichposes a present or potential threat to human health, living organisms or the environment. “Hazardouswaste” shall include, but not be limited to, waste material that is toxic, corrosive, irritating, sensitizing,radioactive, biologically infectious, explosive or flammable).4. See N.J.S.A. 58:10A-3(r) (defining “toxic pollutants” as any pollutant identified pursuant to the [FederalWater Pollution Control Act Amendments of 1972], or any pollutant or combination of pollutants,including disease causing agents, which after discharge and upon exposure, ingestion, inhalation orassimilation into any organism, either directly or indirectly by ingestion through food chains, will, onthe basis of information available to the commissioner, cause death, disease, behavioral abnormalities,cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, orphysical deformation, in such organisms or their offspring).5. Since 2007, no statute of limitations for this offense, as per N.J.S.A. 2C:1-6a(2).2
New Jersey Environmental Crimes Handbook A Guide for Law Enforcement Personnel 2019 UpdateII.Asbestos & Lead PaintA. Asbestos Control and Licensing Act (“ACLA”), N.J.S.A. 34:5A-41.6Material ElementsCulpabilityDegree &Enhanced Penalties1. Hinders or delays the Commissioners of Labor andthe Workforce Development or Health or the authorizedrepresentative thereof, in the performance of the duty toenforce the ACLA.KnowingThird2. Submits false or misleading information on anylicense or permit application required by the ACLA, orfails to obtain licenses or permits accessible to eithercommissioner, or the authorized representative thereof,or otherwise violates any provision of the ACLA or anyregulation adopted under the ACLA.KnowingFine: Up to 25,000.6. Since 2007, no statute of limitations for this offense, as per N.J.S.A. 2C:1-6a(2).3ThirdFine: Up to 25,000.
New Jersey Environmental Crimes Handbook A Guide for Law Enforcement Personnel 2019 UpdateB. Unlawfully cause a release of hazardous waste or a toxic pollutant,N.J.S.A. 2C:17-2a(2).7Degree &Enhanced PenaltiesMaterial ElementsCulpability1. Unlawfully causes a release or abandonment ofhazardous waste, as defined in N.J.S.A. 13:1E-38, or atoxic pollutant, as defined in N.J.S.A. 58:10A-3.PurposefulorKnowingSecond2. Unlawfully causes a release or abandonment ofhazardous waste, as defined in N.J.S.A. 13:1E-38, or atoxic pollutant, as defined in N.J.S.A. 58:10A-3.RecklessThirdC. Creating a risk of widespread injury or damage, N.J.S.A. 2C:17-2c.8Material ElementsCulpabilityDegree &Enhanced Penalties1. Creates a risk of widespread injury or damage.Widespread injury or damage means serious bodilyinjury to five or more people, or damage to fivehabitations, or to a building which would normally havecontained 25 or more people at the time of the offense.RecklessFourth2. Same as above, but the risk of widespread injury ordamage results from the reckless handling or storage ofhazardous materials.RecklessThird3. Same as above, if the handling or storage ofhazardous materials violated any law, rule, or regulationintended to protect public health and safety.RecklessSecond8. Since 2007, no statute of limitations for this offense, as per N.J.S.A. 2C:1-6a(2).7. Since 2007, no statute of limitations for this offense, as per N.J.S.A. 2C:1-6a(2).4
New Jersey Environmental Crimes Handbook A Guide for Law Enforcement Personnel 2019 UpdateD. Lead Evaluation and Abatement (“LEA”), N.J.S.A. 26:2Q-7.Material ElementsCulpabilityDegree &Enhanced Penalties1. Hinders or delays the Department of Health in theenforcement of the LEA;KnowingDisorderly Persons2. Fails to obtain the certification required by the LEAand engages in lead evaluation or lead abatement workfor pecuniary gain;3. Solicits another person to engage, employ, orretain him or her to perform a lead evaluation or leadabatement work, for pecuniary gain, when he or she isnot certified pursuant to the LEA;4. Holds oneself out as accredited by the Departmentof Health or otherwise represents that he or she iscompetent to offer training when he or she is notaccredited to provide training; or5. Violates any provision of the LEA.5
New Jersey Environmental Crimes Handbook A Guide for Law Enforcement Personnel 2019 UpdateIII. Fish & WildlifeA. Endangered and Non-Game Species Conservation Act(“ENGSCA”), N.J.S.A. 23:2A-10f. 9Degree &Enhanced PenaltiesMaterial ElementsCulpability1. Violates any provision of the ENGSCA, or any rule orregulation adopted, or permit or order issued, 2. Makes a false statement, representation, orcertification in any application, record, or other documentfiled or required to be maintained under any provisionof the ENGSCA, or any rule or regulation adopted, orpermit or order issued pursuant thereto, or who falsifies,tampers with, or purposely, knowingly, or recklesslyrenders inaccurate, any monitoring device or methodrequired to be maintained pursuant to the ENGSCA, orany rule or regulation adopted, or permit or order issued,pursuant thereto.Purposeful,Knowing,orRecklessThirdFine: 5,000- 50,000per day of violation.Fine: Up to 50,000 perday per violation.B. Unlawful Sale or Purchase of Wildlife, N.J.S.A. 23:4-27.Material ElementsCulpabilityDegree &Enhanced Penalties1. Unlawfully sells or purchases wildlife, where the totalsale or purchase value is less than 200.PurposefulDisorderly Persons2. Unlawfully sells or purchases wildlife, where the totalsale or purchase value is 200 or greater but less than 500.PurposefulFourth3. Unlawfully sells or purchases wildlife, where the totalsale or purchase value is greater than 500.PurposefulThird9. Crimes enacted in 2008. No crime existed prior to that.6
New Jersey Environmental Crimes Handbook A Guide for Law Enforcement Personnel 2019 UpdateIV. Hazardous Chemicals (Non-Waste Materials)A. Creating a risk of widespread injury or damage, N.J.S.A. 2C:17-2c.10Material ElementsCulpabilityDegree &Enhanced Penalties1. Creates a risk of widespread injury or damage.Widespread injury or damage means serious bodilyinjury to five or more people, or damage to fivehabitations, or to a building which would normally havecontained 25 or more people at the time of the offense.RecklessFourth2. Same as above, but the risk of widespread injury ordamage results from the reckless handling or storage ofhazardous materials.RecklessThird3. Same as above, if the handling or storage ofhazardous materials violated any law, rule, or regulationintended to protect public health and safety.RecklessSecondB. Pesticide Control Act (“PCA”), N.J.S.A. 13:1F-10f.11Degree &Enhanced PenaltiesMaterial ElementsCulpability1. Violates any provision of the PCA, or any rule orregulation adopted, or permit or order issued, 2. Makes a false statement, representation, orcertification in any application, re
What is an environmental crime? Under New Jersey law, an environmental crime or offense is an act, committed with the requisite mental state, which violates one of the statutes contained in this Handbook. There are often related crimes that accompany environmental crimes, such as Tampering with Public Records, Theft, Bribery, or Official .
In the US, both men and women engage mostly in crimes against property, including burglary, theft, car theft, and white-collar crimes. Property crimes represent almost 70% of total crimes for women and around 50% for men who are in prison. The share of drug crimes and violent crimes is almost twice as high am
crimes against humanity, the application should be refused. 8. Information relevant to war crimes or crimes against humanity . 8.1 This information will usually consist of one or more of the following; Admission or allegation of involvement in any of the crimes which constitute
of the crimes of genocide, crimes against humanity and war crimes follows the structure of the corresponding provisions of articles 6, 7 and 8 of the Rome Statute. Some paragraphs of those articles of the Rome Statute list multiple crimes. In those instances, the elements of crimes appear in separate paragraphs which correspond to each .
Dec 16, 2011 · Environmental Crimes Introduction to the Environmental Crimes Issue of the USA Bulletin. . . . .1 By Ignacia S. Moreno Environmental Justice in the Context of Environmental Crimes. . . . . . . . .3 By Kris Dighe and Lana Pettus Post F
5 Analysis of the Prosecution of War Crimes in Serbia 2004-2013 Humanitarian Law Center Acronyms and Abbreviations Appeals Court Department - the Department of War Crimes of the Court of Appeal in Belgrade BiH - Bosnia and Herzegovina CPC - Criminal Procedure Code EU - European Union FRY - Federal Republic of Yugoslavia Higher Court Department - the Department for War Crimes of the Higher .
iii Brief Contents PREFACE xiii Chapter 1 Introduction to Criminal Law 1 Chapter 2 Criminal Liability 18 Chapter 3 Requirement of an Act 34 Chapter 4 Inchoate or Anticipatory Crimes 56 Chapter 5 Defenses 81 Chapter 6 Homicide 112 Chapter 7 Sex Crimes 140 Chapter 8 Crimes Against Persons 161 Chapter 9 Theft and Property Crimes 180 Chapter 10 Robbery, Extortion, and Bribery 195
enforcement is focused on the materials and manifestations of the crimes rather than on the money the crimes generate. Take just one aspect of the transnational crimes analyzed in the following pages—drug trafficking—as an example. The United Nations Office of Drugs and Crime estimates that globally 40 percent of cocaine
and measured pile capacities. API-1993 provides potentially non-conservative results for shaft capacity in loose sands, and in loose-to-medium sands with high length (L) to diameter (D) ratios. Figures 1 and 2 illustrate these skewed trends, reproducing the database comparisons given by Jardine et al (2005) between calculated (Q c) and measured (Q m) shaft capacities. 2.2.2 Non-conservative .
