(A) Generally.
(1) Over the last several years, changes to environmental criminal laws have broadened the scope of activities subject to criminal enforcement, and have increased the severity of punishments that can be imposed upon offenders. Criminal penalties may be imposed upon the town or the individual who actually committed the wrongful act, depending upon the circumstances.
(2) Most environmental laws impose criminal liability upon a person who knowingly violates the law. The “knowledge” required to convict may not require a person to have actual knowledge that a law was broken. Sometimes, simply having responsibility within a business that deals with regulated materials can be enough to infer criminal knowledge. Knowledge can also be inferred where a person deliberately closes his or her eyes to a problem. In other words, no intent to violate a law may be necessary to incur criminal liability.
(3) If you have any doubt about the appropriateness of your proposed actions or the actions of others regarding environmental activities, consult the Attorney for the town.
(B) Recording, monitoring and reporting violations.
(1) Federal and state environmental statutes make it a crime to knowingly make a false statement in, or omit material information from, documents required to be submitted or filed under the law. Such documents include permit applications and monitoring reports.
(2) It is also a criminal offense under several environmental laws to fail to file a required notification or report, falsify or tamper with a monitoring device. Penalties for these crimes can be significant: up to two years’ imprisonment for a first-time offense (double for repeat offenses); and/or a sizable fine.
(C) Violations arising from releases and spills.
(1) Failure to notify the appropriate authorities of an oil spill, hazardous substance release or hazardous air pollutant release is made a crime by several environmental laws. Complying with the reporting requirements protects the person making the report from criminal prosecution for failure to report the spill or release.
(2) Releasing oil or a hazardous pollutant or waste into the environment (outside of permit limits) is a crime under most circumstance. Furthermore, the knowing release of a hazardous pollutant, substance or waste, which places another person in imminent danger of death or serious bodily injury, is punishable by a sizable fine and/or up to 15 years imprisonment. Negligent releases which place another person in imminent danger of death or serious bodily injury are punishable by a time and/or up to one year imprisonment.
(Ord. passed 3-1-2005; Ord. passed 1-21-2020)