Pollution offenses
could bring state grand jury investigations
JIM
DAVENPORT Associated
Press
COLUMBIA, S.C. - Companies and their employees
who intentionally harm the environment could face state grand jury
investigations under legislation expected to clear the Senate on
Thursday.
The legislation, seen as a key tool for the attorney general's
office in prosecuting environmental crimes, won second reading
Wednesday and is expected to get final approval Thursday before
going to the House, which is considering similar legislation.
Companies would have to cause more than a $1 million in damages
before the state grand jury could investigate.
The bill will "protect the state from those people who
intentionally violate the state's laws," Sen. Jake Knotts, R-West
Columbia, said.
Sen. Dick Elliott, D-North Myrtle Beach, spoke against the
legislation Wednesday, finally winning changes in the bill that
clarified how it would work. "I think we got a better bill," Elliott
said.
It still has a shortcoming, Elliott said, because the definition
of what may be an environmental crime is too broad. For instance,
there's no clear definition on wetlands, he said.
Knotts has tried to get a bill through the Legislature "that had
teeth in it" ever since a 2000 chemical spill at Tin Products, a
Lexington County chemical company, killed thousands of fish and
contaminated two waterways.
Under the bill, the state Department of Health and Environmental
Control will conduct investigations and call on the State Law
Enforcement Division and the state attorney general if they find
evidence of intentional violation of state law and have an
independent estimate showing the potential damage of cleanup costs
could be $1 million or more.
DHEC would not make the decision to prosecute. The attorney
general would refer cases for grand jury investigation, Knotts
said.
Knotts said companies also are protected from simultaneously
state and federal prosecution.
The legislation isn't meant to go after companies with minor
pollution problems, Knotts said.
"It's solely for those people who are intentionally, knowingly or
willfully violating the environmental laws," Knotts said. "It
prevents a witch hunt. The last thing we want is a witch hunt." |