![]() To hear more about this case and the impact on victims, see the Scott Dominguez video presentation. The case was prosecuted by the Justice Department’s Environmental Crimes Section of the ENRD and the United States Attorney’s Office for the District of Idaho. The DOJ press release is available at United States v. The case was investigated by the EPA’s Criminal Investigation Division, IRS, OSHA, FBI, Idaho State Police, and the Idaho Department of Environmental Quality. Elias was sentenced to serve 17 years in prison, the longest sentence ever imposed for an environmental crime. Because he lacked safety equipment, Dominguez suffered from cyanide poisoning from breathing in the hydrogen cyanide gas and became permanently brain damaged.Įlias was convicted of knowingly endangering employees in violation of the Resource Conservation and Recovery Act (RCRA), two counts of illegally disposing of hazardous cyanide sludge, and one count of making a false statement to federal officials by falsifying and backdating a safety plan. Dominguez was unaware that the tank contained cyanide and phosphoric acid, so he hosed the tank down with water as instructed, which produced hydrogen cyanide gas. Allan Elias, the owner and operator of the plant, ignored requests by workers for safety equipment. In 1996, 20-year-old Scott Dominguez was ordered to clean a 25,000 gallon storage tank while employed at Evergreen Resources, an industrial chemical reprocessing plant in Soda Springs, Idaho. ![]() Some examples of environmental crimes that impacted victims include: The health impacts may be immediate and plain to see or may be less obvious because they are hidden or because they may take time to develop. For more information about human health and exposure, go to the EPA's Report on the Environment.Įmotional harm may take many forms, ranging from temporary impairment of the ability of victims to cope and function, to acute stress reactions and post-traumatic stress disorder. More information about coping with crime victimization can be found on the FBI's Coping with Crime Victimization website.įinancial harm can include medical costs, mental health counseling costs, loss of income, funeral expenses, repairs for property damage, or loss of access to personal property. Physical harm can be in the form of negative health effects resulting from exposure to a pollutant or chemical, or in the form of damage to property from contamination. A victim can be the person directly impacted or an immediate family member. Businesses, corporations, and non-profit organizations can be victims. Who is an Environmental Crime Victim?Ī federal crime victim is a person who has been directly and proximately harmed by the commission of a federal crime. Harm to a victim can be physical (health impacts or property damage), emotional (depression), or financial (medical or repair bills). For more information about ENRD’s Environmental Crimes Section and the pollution cases that it prosecutes, see Prosecution of Federal Pollution Crimes.Įnvironmental crimes can include, among other things, illegal dumping of hazardous wastes, or dumping pollutants into a water source. In addition, the No Further Actions forms can be found on the VAP web page under the Program Info/Services tab.An environmental crime can be a negligent, a knowing, or a willful violation of a federal law that protects human health and the environment, such as the Clean Air Act or the Clean Water Act. However, not all negligent, knowing, or willful behavior is an environmental crime. The factsheet about Ohio's Voluntary Action Program has more details on the no further action process. If remediation of the property is necessary, the NFA provides an explanation of the remedial actions undertaken in addition to how the applicable standards are achieved. This information allows the certified professional to determine whether or not there is reason to believe that a release of hazardous substances or petroleum has or may have occurred at the property. ![]() The NFA contains information concerning the certified professional's investigation of the historical and current uses of the property. Somewhat a misnomer, the NFA “letter” is actually a thick document full of very detailed information about the property. ![]() This document, which must be submitted in a prescribed format developed by the VAP, describes the environmental problems found at a property, how those environmental problems were investigated and how the property was cleaned up. ![]() When a certified professional believes that a property has been investigated and, if necessary, cleaned up to the standards contained in the Voluntary Action Program (VAP) rules (OAC Chapter 3745-300), he or she can prepare what is called a No Further Action Letter (NFA). ![]()
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