Report - Maryland Department of the Environment

properly. Additionally, outside police agencies which have historically had officers
assigned to this division have either markedly decreased their numbers, or have
taken all officers out of the unit completely. It is only through complete and full
investigation that criminal cases can be properly assessed and charges filed. The
minimal investigative resources currently available to ECU translates directly to
fewer viable cases investigated and charged.
AUTHORITY
STATE: The General Assembly, through the Environment Article, provides the
Attorney General exclusive or concurrent authority to prosecute criminal violations
stemming from investigations involving water pollution, air pollution and hazardous
waste. The Attorney General also has authority under Article V, Section 3 of the
Constitution of Maryland to investigate and prosecute other crimes as directed by
the Governor. Historically the Governor has granted ECU continuing authority to
investigate and prosecute violations of Maryland's Litter Control Law (§10-110 of the
Criminal Law Article), and other broadly defined related offenses. ECU seeks the
Governor’s authorization to investigate and prosecute other violations not within the
Environment Article on a case-by-case basis.
PROCESS
ECU typically receives complaints about possible criminal activity from multiple
sources: citizen complaints, other governmental and law enforcement agencies, the
MDE Administrations, or from their own initiatives. Complaints are initially reviewed
by an ECU prosecutor and investigator to assess the potential case. Complaints
with the potential for prosecution are then assigned to ECU investigators to conduct
full investigations for the purpose of gathering sufficient evidence to accurately
assess whether the filing of criminal charges is warranted. If charges are filed or
indictments returned by grand juries, ECU prosecutors and investigators work the
case through trial and any appeals.
SUCCESSES/CHALLENGES
In FY 2009, ECU successfully assisted MDE in furthering its compliance and
enforcement goals by conducting 51 full criminal investigations and filing charges in
20 of those investigations. Of the 51 investigations, 31 were the result of referrals
from MDE administrations. Twelve prosecutions were completed during the fiscal
year, resulting in jail terms totaling 14 years, probation terms totaling 18.5 years and
imposed fines totaling $127,832.50, in addition to community work service and other
penalties.
A continuing challenge is to restore investigative resources at least to levels
experienced in the 1990’s. Sworn law enforcement personnel with statewide
authority assigned to this Unit have been reduced by 80% over the past ten years
(FY 1999 - FY 2009). In FY 2009, MSP remained limited to a single trooper
assigned in part to the Unit, down from the initial five troopers assigned. Baltimore
City Police have removed the one officer position previously assigned to the Unit.
MDE FY 2009 Annual Enforcement and Compliance Report 153