Effective Enforcement of Environmental Regulations
Environment Ireland 20064 September 2006, Burlington Hotel, Dublin
Mr Dara Lynott BE, MSc, PE, CEng
Director
Office of Environmental Enforcement
Environmental Protection Agency
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Talk Outline
Regulation - What has to be enforced?
Environment - The enforcement issues on the ground
Effective Enforcement - D.R.I.N.C.
Delivery - Delivery of enforcement
What has to be Enforced? – The Environmental Acquis
The Environmental Acquis - “acquis communautre´
comprises approximately 300 Directives and Regulations, including
Daughter Directives and amendments.
estimated to require an investment of about 80 to 120 billion euro for
the ten accession countries alone.
What has to be Enforced? - Environmental Regulation
Products - noise / emissions, etc
Activities & Production Processes - construction/industrial operations, etc
Environmental Quality Protection - emissions/nature protection, etc
Procedures & Procedural Rights - EIA/access to information, etc
Effective Enforcement Needs a Good Legal Base
IMPEL Principles for Better Legislation
•Strategy - strategic, rather than piecemeal,
•Definitions - clear and unambiguous; consistent between laws
•Requirements - requirements of the law are clear and achieve aims •Timeframes - practical fit realistically across different laws.
•Proportionality - proportionate to the risks
•Reporting - only essential reporting; harmonise across different laws
•Revision - allow for quick revision if enforcement issues arise
The Environmental Issues - Waste
Waste Issues Environmental Impact
Health Impact
Fly tipping/backyard burning Litter
Dioxin formation
Rodent infestation
Carcinogenic effect
Control of odour and noise at waste facilities
Odour Nuisance Odour nuisance
Quality of life
Handling storage and transfer of waste at licensed facilities
Ground water and surface water pollution associated with spills or illegal waste facilities
Odour nuisance Contaminated drinking water
Rodent infestation
Contaminated soils
Installation of landfill gas and leachate infrastructure at older landfills
Methane gas build up
Groundwater and soil contamination
Explosive atmosphere
Contaminated drinking water and food
Control of C&D material - 80% of illegally dump waste was C&D
Methane gas build up
Groundwater and soil contamination
Rodent infestation
Explosive atmospheres
Contaminated drinking water and food
The Environmental Issues - Surface Water
Surface Water Issues Env. Impact Health Impact
Poor management of wastewater treatment plants
River, lake and bathing water pollution
Faecal coliform pollution in amenity areas - gastroenteritis
Storm water overflows and misconnections
River, lake and bathing water pollution
Faecal coliform pollution in drainage ditches and bathing water
Inappropriate land spreading Surface water pollution
Nitrate and faecal coliform pollution of drinking waters
Poor farmyard management River and lake pollution
Faecal coliform pollution in amenity areas
The Environmental Issues - Groundwater
Groundwater Issues Environmental
Impact
Health Impact
Poor management practices at older industrial facilities
Historic contamination of groundwater
Carcinogenic subtances in drinking water wells
Poor installation and management of small communities systems
Groundwater pollution Faecal coliform pollution in residential areas
Inappropriate land spreading Groundwater pollution Nitrate and faecal coliform pollution of drinking waters
Poor septic tank installation and management
Groundwater pollution Drinking water contamination
Poor containment of hazardous materials
Contamination of groundwater
Carcinogenic subtances in drinking water wells
The Environmental Issues - Drinking water
Drinking Water Issues Environmental Impact
Health Impact
Public water supplies - satisfactory
21% of supplies that were risk assessed identified as high/very high risk
Cryptosporidiosis notifications rising
Gastroenteritis
Inadequate monitoring and reporting
Private water schemes – not satisfactory
(40 % contaminated with e-coli at least once in 2004)
Faecal colifom pollution in private wells
Gastroenteritis
Inadequate source water protection
The Environmental Issues – Odour Nuisance
Odour Nuisance Causes Issues
Most complaints to the EPA are odour related
Location of older facilities
Conurbation
Significant investigation time
Decreasing complaints against industry.
Significant investment or closure
Signicant knowledge gained
EPA as mediators
Significant increase in complaints against waste facilities following
Intensification of activities
Changing nature of waste stream
Incorrect or delayed installation of odour abatement infrastructure.
Difficult to diagnose
Mixed success in Court
Significant time dealing with complaints
Enforcement by D.R.I.N.C.
The Environmental Protection Agency implements and enforces environmental regulations by D.R.I.N.C.
Dpsir – Office of Environmental Assessment
Risk based approaches – OffIce of Environmnetal Enforcement
Integrated Pollution Prevention Control (IPPC) – Office of Licensing and Guidance
Networks - Office of Environmental Enforcement
Communication – Office of Communications and Corporate Services
DPSIR Framework
If you can measure or understand the linkages you can influence the driving forces
DPSIR Framework
Social and economic Driving forces (such as economic growth)
exert Pressures on the environment
so the State of the environment changes
these have Impacts on human health and well-being and on biodiversity.
which provoke a Response to feed back to the driving forces.
State of the Environment Report
Flagship Report produced every 4 years by the EPA Last Report published in 2004 Last Report set out specific challenges:
Meeting International Commitments on Air Emissions -Greenhouse Gas, Acidifying Gases
Eutrophication Prevention and Control Waste Management Sectoral Integration -Integrating the environment into sectoral
decision making Improving Enforcement of Environmental Legislation
Risk Based Approach to Enforcement
Risk is determined by evaluating
Complexity of activity – some activities are inherently riskier than others. Emissions Environmental sensitivity - The activity location in relation to:
Human beings Groundwater Surface water Air quality Protected ecological species Sensitive agricultural receptors
Operator management - Whether the activity is/was well managed Compliance history –Whether the activity has complied with permits/legislation
Risk Based Approach to Enforcement
Risk based approach will:
• Focus on environmental outcomes, not administrative checks
• Establish a risk ranking and also priorities
• Target effort at the high risk – frequency and type of enforcement is determined from the risk clasification
• Be consistent - not based on inspector/regional assessment
• Be transparent – available to licensees
• Be interactive – provide for licensee input
Risk based approach should:
• Encourage good environmental practices into normal working methods.
• Help to prevent environmental pollution before it has a chance to occur.
• Provide information and advice
• Secure environmental improvements while ensuring value for money.
Enforcement Following Risk Assessment
Use range of compliance assessment tools Audit and inspection plan for site visits, inspections, audits Emission monitoring Assessment of self monitoring & programmes Incident & complaint response Mediation
The enforcement tools used to improve environmental performance
Letters/ Notifications of Non-Compliance
Enforcement Notices
Court Orders
Prosecution
Licence Review / Revocation
Other Risk Based Approaches to Enforcement by the EPA
Risk categorisation of historic waste disposal sites
Identify when potable water is at a high risk of contamination
Risk categorisation of historic mine sites
Financial provision for environmental liability
Integrated Pollution Prevention Control
IPPC licences are the vehicle through which many of the EU Directives are implemented in Ireland
Cover all Environmental media “Integrated”
The EPA Act legally binds the Agency to ensure a high standard of environmental protection, as well as the prevention of significant environmental pollution.
EPA Toolbox for Integrated Pollution Prevention Control
International Standards EU Directives & Regulations WHO Best Available Techniques Reference Documents (BAT Reference
Documents, or BREF)
Emission and Ambient Monitoring Modelling Advice of/input from Statutory Consultees (Health
Authorities, etc)
The Maximum-At-Risk-Individual Model
Maximum At Risk Individual (MARI) concept for health impact assessment. A MARI is a theoretical individual - a subsistence farmer, living for 30 years (usually) in, and obtaining all their food from a 100m diameter plot, upon which the maximum pollutant flux is deposited – represents the most sensitive of cases in a receiving population.
(used mainly in relation to air pollutants)
Networks
The use of Networks Gather practitioners to scope the problem and look at solutions Prepare and implement action plans Disseminate and communicate clearly
Extranet (1000 signed up) Conferences Working groups Regional concerted enforcement actions and inspection plans Gardai, NBCI, CAB, PSNI co-operation Use of private surveillance Use of lo-call phone lines
Outcomes National Complaints System National Inspector Training Programme Specialist Enforcement Training Development and distribution of enforcement protocols More consistent enforcement across all local authorities
Communication - Building Trust
Who does what? Many stakeholders - different views Open and transparent organisation
Reports, media, presentations, newsletters Website, public files, licensing files on website Licences available at sites, EPA offices and on www.epa.ie Real time monitoring data will be available for municipal incinerators Meetings
Challenge to communicate - to build trust with communities Decisions not always popular
Delivery of Enforcement by Networks
12,000 Inspections carried out 5,000 Copies of the (EEN) newsletter distributed 1,600 Statutory Notices issued 998 Members registered in the Enforcement Network 420 Copies of the Manual of Enforcement Guidance distributed 377 Check points carried out 373 Active members of the secure web-based Extranet 300 Prosecutions 65 Enforcement Network events 60 LA Officers trained in advanced enforcement skills 50 Public sector bodies 13 Guidance documents developed 3 National seminars 3 National conferences 1 Action plan to deal with illegal waste activities
Delivery of Enforcement by EPA
Regionalised enforcement Greater local knowledge – community voice Lower travel distances Happier staff
Team based enforcement No single expert Regional and sectoral teams
Greater development of technical guidance More efficient use of inspector time Greater consistency and transparancy
Continued investment in training €485k in 2005 or approx 4% of payroll
Delivery of Enforcement by EPA in 2004-2005
37 prosectutions
€320,000 in fines and costs
€33 million + in improvements in site infrastructure
7 cases progressing to the higher Courts on indictment
€120k highest fine imposed by the Court (framework for calculating fines also detailed by the Court)
Future of Enforcement
Put resources where risks are highest
Be cost effective and outcome based
Challenge the quality and relevance of the data we collect
Develop electronic capture of data to enable trend analysis and access by
regulators and the public
Develop the right indicators that are policy relevant and usable at a
regional level
Engage with communities in communication of risk