Becoming a Citizen Investigator
By Lily Auliff

Before January 1, 2002, the public had to rely entirely on state regulators to prosecute polluters. But new legislation allows citizens to collect evidence that the Texas Commission on Environmental Quality (TCEQ – formerly TNRCC) can use for enforcement. How can you become a citizen investigator?

First, citizens should know what they are getting into before beginning to collect evidence, explains Kimmy Watson, who trained several dozen citizen investigators in Houston last month.

A tapelift sample can be analyzed for certain types of particulate matter. Coutresy of TCEQ.

An individual who provides evidence to TCEQ cannot remain anonymous. He or she must sign an affidavit stating that the submitted materials are genuine and were gathered legally, following TCEQ protocols. One must also agree to testify in court if needed.

On the other hand, those who simply register a complaint – rather than collect evidence themselves – can remain anonymous and are not required to participate in enforcement or court proceedings. As always, TCEQ staff are required by law to investigate each complaint made.

Documentation is key to ensure that evidence is credible, admissible in court, and will satisfy the burden of proof. For each piece collected, Watson recommends recording the five Ws: who, what, where, when, and how.

Air, water, and soil samples also require a “chain of custody” tag, which documents who has handled the sample and where it has been.

Watson emphasized the importance of safety while collecting. Citizen investigators should use appropriate sampling equipment and containers, wear adequate protective clothing and eyewear, and bring someone along while collecting evidence. They should never open drums or containers; taste, smell, or touch unknown substances; smoke or eat while sampling; mix unknown substances; enter confined spaces of any kind; or approach any site with evidence of fumes, smoke, or gases. And keep in mind that any sample collected while trespassing on private property will not be accepted.

Unfortunately, TCEQ does not provide any equipment to collect or funding to analyze evidence gathered by the public. Individuals must pay for laboratory analyses of any water, air, or soil samples taken, which can be quite pricey. But other forms of evidence, such as journals and photographs, can cost little or nothing but be priceless in enforcement value.

Protocols differ for each type of sample, so it is best to acquire details and official forms from TCEQ and/or the laboratory you plan to use before collection. TCEQ provides a list of approved laboratories and protocols for them to follow, available on their website. Also providing the laboratory with details on how the sample was collected and the chemicals you suspect they may find is useful.

Watson and his colleagues did offer some basic guidelines for each type of evidence that can be collected:

Journals
Journals can be particularly useful for recording repeat offenses. Be sure to include the date and time with each observational entry, as well as meteorological conditions such as wind direction, if applicable. TCEQ also offers several publications on evaluating nuisance odors and the visual opacity of toxic releases, which can help the public accurately describe their observations.

Photos/Videos
Photographs should be attached to a standard sized piece of paper that lists the following information: date, location, name of person taking photograph, investigation/ complaint number (if available), number sequence (i.e., 1 in 5) and a brief description of the subject matter. For videotapes or films, label the cassette or canister with the same information. You may also describe what you are seeing in a voice over, but try to avoid editorial comment, advises Watson.

Air Sampling
TCEQ currently does not accept air samples collected in Tedlar bags. Summa Canister samples are allowed. TCEQ offer a publication on how to use the Summa Canister, and several local organizations, including the Texas Bucket Brigade, have Summa Canisters that the public can use and will train interested parties.

Beyond actual air samples, citizens can collect “tape lifts” for analysis. A tape lift is prepared by pressing the sticky side of a piece of transparent tape onto and area where particulate matter has settled (perhaps on a window or the hood of a car). The tape is then wrapped on the inside of a petri dish and covered. The tape should rest on the edges of the dish, but not be stuck to its surfaces. A laboratory can analyze the tape for grain, concrete, or carbon black dust.

Water Sampling
Water samples can be taken from public drinking water systems, private wells, or wastewater discharge points. Often, laboratories will provide the needed containers for the type of sample you have in mind. It is important to follow their procedures and use appropriate equipment, so samples do not break down before analysis. TCEQ offers several detailed publications on this topic through their website.

Soil Sampling
The presence of hazardous waste can often be detected through soil samples. Again, it is important to use the appropriate equipment to ensure samples are not contaminated during collection and processing. Protocols are on the TCEQ website.

TCEQ’s complete protocols for citizen collected evidence are available at www.tnrcc.state.tx.us/enforcement/protocols/evi_proto.html. To contact the Bucket Brigade, call LaNell Anderson at 281-360-3333.