Environmental Crime Case: Poisoning near Brewery

1. Environmental crime case Poisoning of a Person Near the Brewery Croatia, Ministry of Environmental Protection, Physical Planning and Construction ECENA TRAIN THE TRAINER PROGRAMME ON ENVIRONMENTAL CRIME 10-12, November 2009, Vienne/Linz, Austria Anita Pokrovac Patekar, MEPPPC Brigitte Mrvelj Čečatka, MEPPPC Zorana Mađerić, Misdemeanour Court Hrvoje Filipić, Ministry of Interior

2. Content Authorities which took part in actions Action taken which led to a prosecution - investigation - expertise Measures taken and the Court Cases Consequences Discussion Conclusion

3. Authorities Authorities which took place in the actions: 112 Service of National Protection and Rescue Directorate Police, Investigational Judge, Regional State Attorney Eko – Headquarter Environmental Inspector, Water Protection Inspector National Institute of Public Health National Institute of Toxicology Misdemeanor Court, Criminal Court

4. Action taken 24.02. Friday - Police: Received a phone call from 112 – dead dog and his owner were found in the street near the stream in vicinity of the Brewery Checking a place where man was found Went to hospital Environmental inspector: Went to Brewery – nobody responsible for environmental protection was present Institute for Public Health - took samples of water from the stream

5. Action taken - Investigation 24.02. Friday - afternoon Police interviewed Doctor – inquiring a possibility of some other substance poisoning Investigation at the Brewery’s ammonia installation – nothing unusual was found Director of the Brewery was interviewed and also 4 other managers of the company. Authorities were informed: Investigational Judge and State Attorney Office Also Water Protection Inspector, Veterinarian inspector,

6. Action taken- Investigation 25.02. Saturday Police interviewed people living next door to the Brewery 26.02. Sunday – Public Attorney All documentation relating production and use of ammonia was exempted with court order 27.02. Monday Presenting history of disease a suspicion on ammonia poisoning was rejected by doctor! Investigation took new direction. Extended meeting of Eko-Headquarter was held – DECIDED TO SET A MOBILE UNIT FOR AIRQUALITTY

7. Action taken-Investigation 28.02.-01.03. Hole range of activities undertaken Environmental inspector was checking in details the ammonia installation - no evidence Soil, water and wastewater drainage system sludge were taken by National Institute for Public Health in presence of water protection inspectorate – no evidence Surveillance camera records were checked by police – no evidence Responsible persons and other employees from a Brewery were interview – no evidence

8. Action taken- Investigation 01.03. - afternoon POLICE RECIVED AN INFORMATION FROM INSIDE THE BREWERY ON IRREGULAR OUTCOME OF CARBON DIOXIDE (CO2)!! Investigation was proceeded in the presence of representatives of all Institutions at the Brewery site.

9. Investigation - expertise fermentor inst. impureCO2 pureCO2 sewage liquified CO2 insta.

10. Investigation - expertise fermentor inst. pure CO2 impure CO2 sewage liquified CO2 inst.

11. Investigation - measurements samples fermentor inst. pure CO2 impure CO2 samples samples sewage samples liquified CO2 inst.

12. Investigation - measurements CO2 - 1,1% O2 – 10,8% fermentor inst. pure CO2 impure CO2 CO2 - 1,7% O2 – 4,3% CO2 – 0,2% O2 – 19% sewage CO2 – 0,7% O2 – 15% liquified CO2 CO2 – 0,1% O2 – 19,7% Measured after the emission to sewage was stoped

13. Investigation - conclusion • Impure CO2 pipeline was redesigned • Pure CO2 pipeline was redirected to impure CO2 pipeline • There was a link between impure CO2 pipeline, sewage and stream • Pipe in sewage CO2 – 0,7% O2 – 15% • Pipe in air CO2 – 0,1% O2 – 19,7% • Average conc. in atmosfere 0,03% • Max. allowed conc. 0,5% • Death causing conc. 8-10% • CO2 has no colour no smell, it can be dissolved in water, 1,5x heavier than air and it tends to accumulate in depressions, it can lead to suffocation.

14. Measures taken Carbon dioxide emission into drainage system were forbidden It was ordered to make the discharge pipe at least 25 m from ground Air quality monitoring was ordered In 4 day time the recuperation installation (liquified CO2) was to be put in function

15. Measures taken CROATIAN LEGAL SYSTEM – 3 levels Inspectors Decision → Administrative court An Official letter was sent to Misdemeanor Court → High Misdemeanor Court State Attorney pressed criminal charges against legal person and 5 responsible persons at Criminal Court → in progress

16. Measures taken and Court Cases Official Decision for the operator to temporarily stop using installation for fermentation was given by Environmental Inspectorate → Administrative court At the Misdemeanor Court legal person and the natural person - found guilty and fined. Legal person 80.000 kn (10.000 €) and responsibile person 20.000 kn (2.700 €)

17. Measures taken and Court Cases State Attorney pressed - criminal charges against legal person and 5 responsible persons for committing serious criminal offence against general safety of people taking unsafe action which caused a death of a victim instead of crime against the environment. Legal person is prosecuted for not disposing CO2 in a safe way (Act about responsibility of legal persons for criminal offences) Possible sanction 3 to 12 years imprisonment for responsibile person, and 20.000 to 5 million kn (2.700 to 670.000 €)

18. Consequences • Victim died consequently from oxygen insufficiency on 23th March. • Trial at the Criminal Court is still in progress.

19. Discussion – low points of the investigation? Can we have a beer ?

20. Conclusions • Irresponsible behavior of the operator • Not recognizing the crime, not applying the procedure and lack of expertise • Lack of coordination and cooperation • Not qualifying the crime as environmental one although there was the possibility of art. 254. • THE OUTCOME OF THIS CASE WILL EFFECT THE MANER OF OTHER OPERATOR BEHAVIOR!!!

21. Thank you for your attention