TNRCC seeks ways to handle citizen collected evidence

By MANDY JOHN | Central Texas Edition

Anna Dunbar, regional director for TNRCC, answers participants' questions during the July 25 educational session held in Waco. -Staff photo by Mandy John

August 8, 2002 -- On July 25, the Texas Natural Resource Conservation Commission (TNRCC) held two educational seminars in Waco to discuss the proper way to handle citizen collected evidence. These sessions focused on the resources available to citizens, guidelines on how to gather and submit collected evidence, and the TNRCC's enforcement process.

Citizen collected evidence, according to TNRCC, is any information demonstrating a possible environmental violation that is collected by a private individual. Under the new citizen collected evidence program, which went into effect in December of 2001, individuals can provide information on possible violations of environmental law. This information can then be used by the TNRCC to pursue enforcement. In other words, Texans will now be able to help bring potential environmental problems to light.

There are several ways citizens can help with this process. If an individual has evidence that shows an environmental problem, they may call toll free 1-888-777-3186 to reach the nearest TNRCC regional office, they may visit the regional office, or they may e-mail cmplaint@tnrcc.state.tx.us. TNRCC will then determine whether the evidence was gathered using proper protocol and whether the evidence documents a violation under the jurisdiction. The evidence used must be sufficiently reliable so that it may be used in enforcement proceedings. The protocol are the same as those to which agency personnel are held. To find out about the proper protocol for collecting evidence, go to: www.tnrcc.state.tx.us/-enforcement/protocols.

If the evidence does not meet protocol or does not document a violation, then the evidence will be returned to the individual.

If the evidence does show a violation, the TNRCC staff will keep the evidence for use in initiation of appropriate action. During this time, the individual may be required to sign an affidavit or to testify in a court of law.

If the individual does not want to be involved directly, they can still request the TNRCC to investigate a situation by filing a compliant.

Complaints can be submitted anonymously by calling the nearest regional office or by going online to www.tnrcc.state.tx.us/report-problem.html.

The Texas Natural Resource Conservation Commission covers over 25 different programs, and handles issues such as compliance monitoring, complaint response, emergency response, and environmental monitoring. To find out more about TNRCC, visit their Website at www.tnrcc.state.tx.us.