5.1 Air emissions

You can usually detect air pollution by seeing coloured and/or noxious fumes, and sometimes, particulate matter. Air emissions require special investigation techniques and vigilance since they often vary according to the manufacturing period, time of year, time of day, direction of the wind, and so on. Here are a few tips for investigating air emissions:

• Each time there is an air problem, note the time and the type of problem, for example: breathing difficulties, odour, material discomfort of any kind (e.g., closing a window on a hot night or eating indoors because of concerns about air deposition).

• Note wind direction (using a compass if possible) and estimate the wind speed (light, 0 to 5 knots; moderate, 5 to 15 knots; strong, over 15 knots).
• Put a clean glass dish on a post or on top of a car away from buildings and collect particulates, then put them in a clean envelope marked with the date (for analysis).
• Keep notes of your communications with the suspected polluter, government agencies, and any other parties about this issue.
• If possible, take pictures of the plume coming out of the stack.
• You can call the health unit in your area if the air emissions appear to cause increased respiratory problems or ailments.

5.2 Liquid discharges

Liquid discharges come in many forms, most commonly as leachate and effluent out of a pipe. Contaminated effluents usually lead to contaminated sediments as well.

Telltale signs that can help you begin or focus a water pollution investigation include suspended solids, colour, smell, iridescence, foam, excessive sediment deposition, dead fish, changes in wildlife, algae blooms, and sewage fungus.

Field work is often opportunistic; some seeps that were present one day may not be there the next; those that are toxic one day may not be the next. If you are waiting for certain environmental conditions to arise before sampling for evidence, you may have to wait for weeks or months. The key is to always be prepared to take samples and to treat them all as if they were going to be a part of your case. Sampling is warranted if a discharge of a substance – such as silt, mud, petroleum, chemical products, or sewage – is coming from a specific source and entering a fish-bearing stream. If possible, sample where government agencies or the company has previously sampled, as well as at other sites. During one EBI investigation, an investigator discovered a toxic seep unknown to the manager of a site that had many such seeps.

Investigators can sometimes be fooled if they rely on observations to the exclusion of research and sampling. During another investigation, EBI investigators located two leachate seeps at a closed landfill. They collected samples from both seeps for rainbow trout toxicity testing. A rusty orange liquid bubbled out of one seep while the other discharged a clear liquid that developed an oily sheen as it drained into the river. Investigators sampled both seeps because they were located over buried wastes. The fish subjected to acute lethality tests showed no ill effects when placed in the orange liquid but died within an hour in the clear liquid.

Further chemical analysis may reveal that all the samples are contaminated. A discharge may not be acutely toxic to rainbow trout but it would still be illegal if it contained PCBs or other regulated substances, was chronically toxic to fish, or was lethal to other aquatic species (such as Daphnia).

Different circumstances warrant different types of sampling and hence, different equipment. Section 5.6 describes some types of testing and the corresponding containers needed. Although the procedure’s details may vary, the general approach, outlined in the example below, is the same in most cases.

Sampling example

On the first visit to a site, you witness a pollution occurrence: heavy sedimentation of a stream caused by uncontrolled erosion (i.e., it is raining heavily and the ditches are depositing dirty water into the stream). Back up your observations with notes, videotaped evidence, and photographs, along with samples of the waters affected.

Sampling equipment and procedure

• Bring at least 6 clean glass or plastic sampling containers 0.5 to 1 litre in size, which you can obtain for free from any regional or municipal water quality testing facility or laboratory.
• Wear gloves and mark each bottle (at the time of sampling) with a permanent waterproof marker, including the following information:
• date and time of sampling
• your name or that of the sampler
• sample identification code (indicate in your notes the exact location where you took the sample – GPS reading, if possible)

• Rinse the container three times with the sample water at each sample location prior to taking the final sample. If sampling for a metal analysis, you may need to use containers that contain a preservative. Do not rinse these containers, and do not overfill them since this removes the preservative.
• When taking the sample, ensure that it is representative of the water you would like to test. Raise and lower the sample container through the water (or as far as you can reach) as it is filling.
• Seal each sample bottle with tape and initial the seal.
• Sample at the source, above the point of sediment introduction (upstream, where the water is clearer), and below the point of sediment introduction.

In the example of a roadside ditch spewing heavily sedimented water into a stream, you would sample the ditch water before it enters the stream, upstream from where the ditch water enters, and just downstream from where the ditch water enters. This shows the effluent (the discharge itself as close to the source as possible), the stream’s background (natural) conditions, and the impact site (the point at which the discharge enters the receiving environment). The effluent or discharge may be the most important sample, but you must treat each and every sample with the same care.

5.3 Trespassing

One of the difficulties a private citizen may encounter when investigating a pollution offence is obtaining physical evidence from private property.

Municipally, provincially, or federally owned sites are generally open to the public and do not pose the problems that privately operated sites do. However, during an EBI investigation at a provincially owned site, a site employee told investigators that they were trespassing and that he would call the police if they did not leave immediately. The investigators pointed out that no fences or signs indicated that the land was private property, and that in fact, they knew it was Crown land. The EBI investigators then left the site. Although polluters may resort to intimidation, distortion of the truth, and lies, don’t be tempted to use the same tactics. Their attitudes will not reflect well on them, whereas your calm, respectful, and fair behaviour will gain you support.

If you are sincerely unaware of site boundaries due to the absence of fences or signs and if no one indicates that you are on private property, you may take samples at the site and not be troubled. However, if you know that you have entered private property and proceed nonetheless, you may be charged with trespassing, the information you gathered may not be admitted into evidence, and you may lose credibility in the eyes of the court and the public.

Few options exist to counteract this problem; although you may be able to obtain samples without entering the site itself (for example, by taking samples of the effluent while standing in a river). From a sampling perspective, you may want to take your samples at the property boundary anyway since the court may not consider the site a natural environment (depending on the circumstances).

You may also request that the polluter take a "split sample." In other words, the polluter gives you half of a sample that it has collected. Since the polluter’s refusal to do so may have a negative impact on its image, it may agree to provide you with a sample and even allow you to watch the sampling. You can then bring that sample to the laboratory of your choice. Another option is to request regulatory agencies’ assistance in obtaining samples once you have accumulated other evidence that an offence may be taking place. Government investigators have powers that allow them to enter a site and obtain samples if they have reason to suspect an offence is being committed.

5.4 Note taking

Note taking is an essential part of any investigation. Good notes describe in a few words where you were, when you were there, why you were there, and what you saw. They could also indicate who you spoke to and what was said. They should be clear and understandable because you may want to refer to them a year or more into the future (it can take this long, or longer, to get a case into court).

When investigating, take notes on waterproof paper such as Rite-in-Rain, which you can obtain in outdoor sports or forestry equipment stores. It would be disastrous if rain erased the hours you spent in the field recording valuable information. Take care to fasten the notebook to yourself with a string or cord, especially if you are working near or in a waterway. Although waterproof paper manufacturers recommend writing in pencil because some inks will run if exposed to water, you may want to use a permanent waterproof pen to prevent the defence from attacking your credibility at trial.

It is best to keep your notes in a bound notebook with numbered pages to avoid the defence counsel suggesting that you might have altered them. Since you will have to disclose your notes to the defence counsel, you should not include personal details. As a witness, you may be allowed to refer to your notes while testifying to refresh your memory, but the court must be satisfied that you made them at or soon after the event noted and that you have made no alterations or modifications since that time. Even if you are allowed to use your notes, you should also be able to demonstrate independent recall of the events. You will not be allowed to simply read out your notes to the court.

Alternatively, you can dictate your notes into a small hand-held Dictaphone.

Your field investigation notes should include:

• Your name and the names of anyone present in the field with you
• Date, time of day, weather, and other environmental conditions (e.g., April 3, 2000; 10:35 a.m.; partly cloudy, air temperature 2EC, water temperature 6EC, snowpack light, heavy surface runoff from recent rain)
• Name, address, and/or location (in map units or geographic positioning units) of the site you are visiting and of any persons or corporations involved (e.g., Great Blue River, ABC Plant Inc., 9 Paradise Lost Road, Dark Water Town, Ontario)
• Any identifying marks (e.g., signs, logos, registration numbers) indicating who is operating at the site and where those marks are located (e.g., on side door of a pick-up truck, equipment, front gate). These may be helpful in obtaining further information.
• Time and place of any photographs taken. Include roll number and frame (picture) number (e.g., Roll #2, Photo #16, Tributary #1, 10:15 a.m., 10 m downstream of culvert on Branch Road M2000)
• Features of the site, event, and type of activity involved (e.g., Photograph shows point in stream where silt-laden ditch water is entering Tributary #1. Note that the water upstream from this point is running clear despite spring run-off conditions.)
• Any steps the people involved in the potential offence have taken to prevent the perceived problems. Noting these preventative measures, if there are any, shows you are conducting a fair investigation.

Review your field notes as soon as possible, when you return home, while all the information you gathered is still fresh in your mind, since you may have forgotten to write down an important observation you made at the site. Rewriting or typing your notes may make them easier to read, but make sure to keep your originals. Make copies of your final notes and store them in separate locations (e.g., at your office and at your lawyer’s).

5.5 Chain of custody

Any sample may become evidence; hence, you should handle all the samples in a manner that will allow you to identify them in court and to prove that no one has tampered with them. Here are the procedures you should follow:

• Your partner should witness the collection of the samples.
• You must properly label and sign the samples.
• For plastic containers use a permanent waterproof marker. You can also mark glass containers in this manner, but a glass scribe is preferable.
• Labels must be accurate. You should code the sample with a number, letter, and/or colour that corresponds to your notes. To avoid a potential conflict of interest at the laboratory and to ensure confidentiality, do not mark your samples with the name of the suspected polluter. Keep the codification simple and consistent because you may need to take repeated samples in an area, and you will need to be able to identify each one.
• You should be able to show the exact location from which you took the samples. You can record this information on a small-scale map (1:5,000 if possible; in cases involving forestry, maps are usually available at any forestry office) or on a reasonable hand-drawn facsimile. You should pinpoint the sampling location (a GPS is very useful for this) and mark it with the coded information that corresponds to the sample’s label. It may be a long time before you testify, so it is important to ensure that your notes are clear and accurate.
• You must keep the samples in a secure location where you can be assured that no one can tamper with them. A locked, cool, dark place is best. In most cases, samples are best kept cool (but should not freeze).
• If at all possible, bring the samples to the laboratory personally. If you must ship samples, use a licensed, bonded courier company and keep all bills of lading or waybills. Securely wrap the samples in a tamper-proof, impact-resistant package.
• If you transfer care of the samples to another person, be sure to obtain a written, signed statement to this effect. However, it is best to keep the samples in your own possession until you can ensure that they are in the hands of the laboratory personnel. Laboratories are familiar with this procedure and most have chain of custody forms for you to fill out when you arrive at their offices.

5.6 Analysis and testing

Chemical analysis will reveal an effluent’s composition and sometimes that may be sufficient. For example, the effluent may contain high levels of a known toxicant – in concentrations above what regulations allow – or any trace of a banned substance.

Laboratories can perform chemical analysis on liquid, solid, and gaseous samples, but not all laboratories perform every test available. Chemical analysis can be expensive, and you may have to test many samples, so it is important to select the tests wisely, based on the documentary information you have obtained. A reconnaissance scan is advisable on the first series of samples. By ordering a wide array of tests in the beginning, you will be able to make a more appropriate selection of tests for later samples you collect at the site. You may want to take more samples than you plan on having tested. The laboratory can sometimes hold these samples in case you need them for further analysis.

Although you may have obtained information that indicates high levels of particular contaminants at a site, do not limit the tests to those. Polluters will generally limit their analysis to what their release permits require, even though they may be aware or suspect the presence of other contaminants.

5.7 Visual evidence

Videos and photographs – visual documentation of environmental infractions – make good evidence. They are also useful in publicizing your case and great material to distribute to the media. For these reasons, visual evidence can be one of the keys to a successful case, but both videos and photographs present advantages and disadvantages.

5.7.1 Videotaping

Advantages

• Moving pictures show events or situations as they occur.
• Video cameras can imprint the date and time.
• Videos put the entire situation into perspective, including where you are (landmarks), where the problem is, and the scope of the problem.
• Video cameras allow narration of events as they occur.
• New cameras are light, compact, and can be concealed.
• You can view results instantly.
• You can copy results to other tapes cheaply and easily (and give them to the media).

Disadvantages

• Older cameras can be heavy and cumbersome.
• Improperly shot video footage can be jerky and difficult to follow.
• Lens options (wide-angle, telephoto) may be limited.
• Video cameras are expensive and fragile.

Things to remember when shooting video

• Always ensure that your batteries are fully charged and that your tape is set to go before you begin.
• Use a new or clean tape, if possible.
• Check and recheck all camera settings (exposure, focus, colour, and so on).
• Always study your subject before you begin.
• Orient yourself to your subject and plan your shot (e.g., pan left, pan right, cut to, zoom in).
• Put the view finder to your eye, checking that what you see is what you plan to record, then, and only then, press the record button.
• Try to limit your shot sequences to between 30 and 45 seconds (an easily absorbed length of time within the average viewer’s attention span).
• When you finish your planned shot, stop recording before you take your camera away from your eye.
• Never use the camera to find something else to shoot while recording and looking through the viewfinder.
• When you are finished shooting a shot, ensure that the camera is no longer recording.
• Be cautious with sound. Ensure that those present are aware that they may be captured on audio or disable the audio feature completely when not narrating.

Things to remember when narrating a video

• Study what you are going to shoot, how you are going to shoot it, and what you need to say before taking the shot.
• Avoid scripts; be natural!
• Limit narration to topics such as your location and what the shot depicts.
• Avoid editorializing.
• Let the picture speak for itself.

Example of a good narration

"I am on Deleterious Creek, 300 metres upstream from where it joins Great Blue River. This shot (pan to) shows several trees that have been felled directly into the creek and abandoned. Here (pan or cut to) are the butt ends of the trees. Over there (pan to) are the matching stumps."

Example of a bad narration

"I am on Deleterious Creek. This shot shows a bunch of trees that have been dumped into the creek and left. It is obvious that this has damaged fish habitat because I saw some fish on the downstream side of the trees, but none on the upstream side, so fish movement has definitely been blocked. It probably screwed up some good spawning area, too. Ooooh! I’m gonna get whoever did this, I’m so mad. They’re screwing up our fishery. Look at this mess. It looks like a war zone."

5.7.2 Photography

Advantages

• Cameras are small and light.
• Some cameras have flexible lens capabilities (e.g., wide-angle, zoom, macro).
• Newer cameras are point-and-shoot, no thinking required.
• Pictures are easy to view and study (no slow motion or pauses required).
• Prints can be made for the media or posters.
• Slides can be made into prints, and vice versa.
• Slides can be used for presentations.
• Photographs can be inserted into albums or reports.

Disadvantages

• Photographs give a limited, "snapshot" view of the world, making it difficult to put things in proper perspective.
• Film processing is expensive and environmentally unfriendly.
• Some "new generation" cameras have fixed photographic capabilities limiting your camera’s flexibility.

Things to remember when taking photographs

• Always ensure that you have fresh batteries in the camera and a flash unit.
• Check all settings (e.g., ASA, exposure, focus).
• Always carefully study your subject before you begin shooting.
• Orient yourself to your subject and plan your shot.
• Look through the viewfinder and make sure that you can see everything that you had planned to see.
• Centre your subject in the frame, focusing on the most critical element in the shot.
• When showing something where scale might be important, include something of known size in the frame for comparison (e.g., a ruler, a hand, a person).
• Use a flash when lighting is low.
• Use a tripod if you are unable to hold the camera steady.
• You can obtain wide-angled, panned effects by composing a mosaic: a series of shots that overlap side-to-side. It is important to know the capabilities of your camera and to be familiar with the coverage of the frame to cover the subject of a mosaic in as few pictures as possible. Make sure that the frames overlap. Often a good, wide-angle lens makes this technique unnecessary.
• Once you develop your pictures, if your camera does not automatically put a date on them, write the date you took the picture on the back, along with your name and a description that matches your notes. In the course of an investigation, you may be at a site on several occasions; keeping track of when you took pictures is easy if you mark them appropriately. You may need several copies if the case goes to trial.