Criminal Defense Lawyers

EPA Criminal Investigators at My Construction Site

EPA Criminal Investigators at My Construction Site – What Should I Do

EPA Special Agents just arrived at your construction site. They have credentials. They have badges. They’re asking to inspect your site, review your permits, interview your crew. Your first instinct might be to think this is a routine inspection – maybe someone complained about dust or runoff. Heres the first thing you need to understand: EPA Special Agents aren’t inspectors. They’re federal law enforcement officers with full arrest authority. If theyre at your site, a criminal investigation is probably already underway.

Welcome to Spodek Law Group. We handle federal environmental crime defense cases regularly, including cases were construction company owners first realize theyre facing criminal prosecution through exactly this kind of site visit. The second thing you need to understand is this: environmental crimes investigations in which EPA serves a search warrant result in criminal charges 67 percent of the time. The conviction rate for those defendants runs near 90 percent. When EPA Special Agents show up at your construction site, the odds are not in your favor.

Heres something most construction company owners dont realize about EPA enforcement. The agency has had full criminal law enforcement authority since 1988. EPA Special Agents are sworn law enforcement officers who carry weapons and make arrests for federal offenses. They dont issue citations. They build criminal cases. The presence of EPA Special Agents at your site means you’ve moved beyond the inspection stage into the investigation stage.

The Law Enforcement Authority You Didnt Expect

Heres the uncomfortable truth about EPA’s Criminal Investigation Division. These arent bureaucrats with clipboards. Theyre trained federal agents with the same authority as FBI or DEA agents when it comes to environmental crimes.

EPA Special Agents have authority to carry firearms. They have authority to make arrests for federal crimes. They have authority to execute search warrants and seize evidence. If you treat them like state environmental inspectors who might issue a warning, youre making a potentially catastrophic mistake.

The Criminal Investigation Division operates in over 30 locations nationwide. They work with Environmental Crime Task Forces that coordinate federal, state, and local law enforcement. When EPA CID shows up at your construction site, they may be working with the Department of Justice, state attorney generals offices, and local prosecutors.

Think about what that means for your situation. This isnt a local code enforcement officer who might give you a chance to correct problems. This is a federal law enforcement operation potentially involving multiple agencies. Everything you say and do from this moment forward is being evaluated for use in a criminal prosecution.

The Stormwater Violations That Send People to Prison

Heres something about construction stormwater permits that most developers dont understand. The permit you obtained – the NPDES permit that allows you to discharge stormwater from your site – can become the foundation of a criminal prosecution.

Bryan Stowe was a prominent Washington State developer. He obtained the proper stormwater permits for his construction projects. But his company violated those permit terms – and the violations contributed to two major landslides that closed a public highway. Result: Bryan Stowe was sentenced to six months in federal prison, one year of supervised release, and a $300,000 fine. His company paid an additional $350,000 criminal fine plus $100,000 in restitution.

Heres the paradox that catches construction companies. Stormwater permits exist to ALLOW discharge under controlled conditions. But violating those permit conditions transforms legal activity into federal crime. The same permit that authorized your project becomes evidence of what you knew you were supposed to do – and proof that you didn’t do it.

This case represents one of the first stormwater pollution criminal prosecutions in the United States. Its not an isolated incident. Stormwater violations account for nearly 30% of EPA enforcement cases. What seems like a paperwork issue can result in federal prison time.

The Knowing vs Negligent Distinction

Heres something about environmental criminal law that confuses most people. You dont need to intentionaly pollute to face criminal charges. Even negligent violations can result in federal prosecution.

The Clean Water Act creates two levels of criminal liability. Negligent violations – essentially accidents caused by carelessness – can result in one year imprisonment and fines of $2,500 to $25,000 per day. Knowing violations – intentional conduct – can result in three years imprisonment and fines of $5,000 to $50,000 per day.

But heres the part most people miss. “Knowing” dosent mean you intended to cause harm. It means you knew what you were doing – even if you didn’t realize it violated the law. If you knowingly discharged water from your site without following permit requirements, thats a knowing violation. You dont have to have intended environmental damage. You just have to have acted voluntarily rather then through pure accident.

And then theres “knowing endangerment.” If your violations put another person in imminent danger of death or serious bodily injury, the maximum penalty jumps to 15 years imprisonment and $250,000 in fines – or $1 million for corporations. Subsequent convictions double these penalties.

The Asbestos and Demolition Cases

Heres something about construction-related environmental crimes that goes beyond stormwater. Asbestos violations represent some of the most severely prosecuted environmental offenses.

Alexander and Raul Salvagno – father and son owners of asbestos abatement companies in New York – recieved the two longest federal prison sentences ever for environmental crimes. They conducted illegal asbestos abatement over a 10-year period at more then 1,550 facilities including elementary schools, churches, hospitals, and military housing. They were convicted on all 18 counts.

AIREKO Construction Company was fined $1.5 million and sentenced to three years of probation for illegally removing asbestos-containing materials in violation of the Clean Air Act.

Donald Torriero and Julius DeSimone illegaly dumped asbestos-contaminated construction debris on a 28-acre site along the Mohawk River. They fabricated a permit from New York’s Department of Environmental Conservation and forged a government officials name. Torriero received 36 months in federal prison.

These arnt unusual cases. They represent how seriously federal prosecutors treat construction-related environmental crimes. The prison terms demonstrate that environmental crime convictions carry real incarceration – not just fines that companies can write off as cost of doing business.

How EPA Criminal Investigations Begin

Heres something about how environmental crime investigations start that should make you think carefully about your operations. Many investigations begin with tips – often from people you know.

Disgruntled employees are a major source of tips. Someone you fired, someone who feels underpaid, someone who disagrees with how things are done. They contact EPA or state environmental agencies. If the allegation seems credible, an investigation begins.

Competitors report violations. A rival contractor who thinks youre cutting corners to underbid them. A developer who lost a project to you. Environmental tip lines dont verify the motivations of callers. They investigate the allegations.

State agencies refer cases. When state environmental regulators beleive criminal prosecution is warranted, they refer cases to EPA’s Criminal Investigation Division. What started as a state inspection becomes a federal criminal case.

Heres the irony. By the time EPA Special Agents arrive at your site, they probly already have evidence. They’ve probably already interviewed the tipster. Theyve probly reviewed documents. The site visit isnt the beginning of the investigation – its a later stage where theyre gathering additional evidence and interviewing subjects.

The Subcontractor Liability Trap

Heres something about construction liability that creates enormous criminal exposure. Your subcontractors violations can become YOUR criminal prosecution.

Think about how construction projects work. You hire subcontractors to handle demolition, excavation, concrete work. Maybe you hire waste haulers to remove debris. If those subcontractors violate environmental laws on your project, youre potentially criminaly liable.

Your permit is your responsibility. The NPDES permit, the wetlands authorization, the demolition permits – they’re issued to you. When subcontractors violate the conditions of those permits, the permit holder is accountable. EPA dosent just prosecute the subcontractor. They prosecute the construction company that should have ensured compliance.

Consider the consequence cascade. You hire a waste hauler. The hauler illegally dumps construction debris instead of taking it to an authorized facility. EPA investigates the dumping site and traces the debris back to your project. Now you’re facing charges for illegal disposal – even though you didn’t personally dump anything.

This is why due diligence on subcontractors matters enormously. They’re not just your business partners – they’re potential sources of criminal liability.

What You Cannot Do When EPA Arrives

Heres what construction company owners do when EPA Special Agents show up. They panic. They try to minimize the situation. They make decisions that create additional criminal exposure.

Do NOT lie to the agents. False statements to federal agents is a crime under 18 U.S.C. § 1001, punishable by up to five years in prison. If you misrepresent your permit status, your discharge history, your knowledge of violations – anything material – youve committed a seperate federal crime. Lying often carries more prison time then the underlying environmental violation.

Do NOT alter or destroy documents. Your stormwater logs, inspection records, discharge monitoring reports – all of it is potentialy evidence. Destroying or altering documents is obstruction of justice. EPA probably already has copies of documents youve submitted. Destruction proves consciousness of guilt while accomplishing nothing.

Do NOT coach employees on what to say. If investigators discover that you’ve coordinated stories with your crew, thats evidence of obstruction and witness tampering. Tell employees to answer truthfully about what they personally know and did.

Do NOT consent to searches without legal advice. You have constitutional rights even at a construction site. You dont have to consent to searches. If they have a warrant, they can search regardless of consent. If they dont have a warrant, you can politely decline and contact an attorney immediatly.

The “Responsible Corporate Officer” Doctrine

Heres something about environmental criminal law that company owners find especially alarming. You can be prosecuted personally for violations you didn’t personally commit – simply because you were in a position to prevent them.

The “responsible corporate officer” doctrine holds executives criminally liable for violations that occur on their watch. You dont have to have personally discharged pollutants. You dont have to have personaly ordered violations. If you were in a position of authority and failed to prevent violations, you can face personal criminal charges.

Think about what that means for a construction company owner. Your site foreman fails to maintain erosion controls. Your waste hauler dumps debris illegally. Your subcontractor cuts corners on asbestos removal. Under responsible corporate officer doctrine, YOU can be prosecuted – even if you didn’t know about the specific violations.

This is why environmental crimes prosecutions often target company owners and executives, not just the company itself. The prison sentences in environmental cases serve as deterrents precisely because they’re personal. Executives cant pass prison time on to customers like they can pass on fines. The threat of personal incarceration changes behavior in ways that corporate penalties dont.

The Documentary Evidence Problem

Heres something about construction projects that creates significant criminal exposure. The documentation requirements for environmental permits generate a paper trail that prosecutors use to build cases.

Stormwater permits require specific records. Discharge monitoring reports. Site inspection logs. Best management practice documentation. Erosion control inspections. All of this paperwork becomes evidence when an investigation begins.

Inconsistencies become criminal charges. If your discharge monitoring reports show one thing but site conditions show another, thats evidence of false statements. If your inspection logs claim best management practices were in place when they werent, thats evidence of fraud. If you certified compliance on documents when you weren’t actually compliant, thats a federal crime.

Heres the uncomfortable truth about documentation. The records you create to comply with permit requirements become the evidence used to prosecute you. Every report you sign, every log you maintain, every certification you submit – all of it can be used against you. Inaccurate documentation isnt just a paperwork problem. Its potentially a federal crime.

This is why many environmental prosecutions include charges for false statements and fraud in addition to the underlying environmental violations. The documentation violations often carry more prison time then the pollution itself.

The Environmental Crime Task Force Network

Heres something about how environmental crime investigations work that expands their reach. EPA dosent investigate alone. They operate through coordinated task forces that combine resources from multiple agencies.

Environmental Crime Task Forces bring together federal, state, and local authorities. EPA Special Agents work alongside FBI agents, state environmental police, local prosecutors, and other federal agencies. Information flows between agencies. Evidence is shared. Resources are combined.

This means your exposure is broader then you might realize. A state environmental violation might be referred to federal prosecutors for criminal charges. A local complaint might trigger a joint federal-state investigation. What seems like a minor local issue can become a multi-agency federal prosecution.

The task force structure also means investigations are comprehensive. Different agencies bring different expertise. EPA focuses on environmental violations. FBI investigates fraud. IRS examines financial records. When multiple agencies investigate together, they uncover more violations and build stronger cases.

The Permit Violations That Escalate Everything

Heres something about construction permits that creates unexpected criminal exposure. Permit violations arnt just paperwork problems. They can be federal crimes.

Wetlands violations carry severe penalties. Robert Lucas received nine years in federal prison – the longest sentence ever in a wetlands case. His co-defendants recieved over seven years each. They were also ordered to pay $1.4 million in mitigation costs. Filling wetlands without proper Section 404 permits is a federal crime, not just a regulatory violation.

NPDES permit violations are criminal. The stormwater permit you obtained creates specific requirements for erosion control, sediment management, discharge monitoring. Every violation of those requirements is potentially a criminal offense. Multiple violations create multiple counts. The penalties stack.

Think about what that means for typical construction projects. Inadequate erosion control. Missing best management practices. Discharge monitoring reports that dont match actual conditions. Each of these can be charged as a separate criminal violation. What seems like a single project problem becomes dozens of federal charges.

The Citizen Lawsuit Problem

Heres something about environmental enforcement that many construction companies dont anticipate. The Clean Water Act allows private citizens to sue you directly – and these lawsuits often trigger EPA involvement.

Environmental groups actively target construction companies. Citizen lawsuits under the CWA are increasing. Organizations monitor construction sites, document violations, and file federal lawsuits seeking penalties and injunctive relief. These arnt nuisance suits – they carry the same legal weight as EPA enforcement actions.

A citizen lawsuit can become a criminal referral. When environmental groups document violations and file suit, that documentation often ends up with EPA. Civil enforcement can escalate to criminal investigation. What started as a private lawsuit becomes a federal prosecution.

Heres the uncomfortable reality. You might think no one is watching your construction site. But environmental organizations have become sophisticated in monitoring projects, using drones, reviewing public permits, and documenting conditions. Stormwater violations that you think no one notices may already be documented and heading toward legal action.

The citizen lawsuit provisions of environmental law mean you have more potential adversaries then just government regulators. Any member of the public can become your prosecutor in civil court – and their evidence can become the governments case in criminal court.

What You Should Do Right Now

If EPA Special Agents have arrived at your construction site, heres exactly what you should do:

Do NOT attempt to handle this yourself. This is a federal criminal investigation, not an inspection. You need immediate legal representation from an attorney who understands environmental criminal defense.

Contact a federal criminal defense attorney immediately. Before you answer questions. Before you provide documents. Before you consent to anything. Your attorney can communicate with investigators and protect your rights.

Preserve all documents exactly as they are. Stormwater logs, inspection records, discharge reports, correspondence with regulatory agencies. Do not alter, destroy, or organize anything. Document preservation is critical.

Identify potential exposure areas. Are there permit violations you know about? Subcontractors who may have cut corners? Discharges that weren’t properly documented? Your attorney needs to understand the full scope of potential issues.

Do NOT discuss the investigation with anyone except your attorney. Not employees. Not subcontractors. Not business partners. Anyone you talk to can be compelled to testify about your conversations. Only attorney-client communications are protected.

Todd Spodek tells every construction company owner in this situation the same thing: EPA Special Agents at your site means a federal criminal investigation is underway. The 90% conviction rate for charged defendants means the government dosent bring cases they expect to lose. Your response in the next few hours could determine whether this becomes an investigation that goes away – or federal charges that result in prison time.

Call Spodek Law Group at 212-300-5196. Before you answer more questions. Before you provide documents. Before a construction project problem becomes a federal criminal prosecution.

Those EPA credentials are real. Those agents have arrest authority. What you do next matters enormously.