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

All or part of this publication may be reproduced without further permission, provided the source is acknowledged.

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