Water Consultancy Services

EU SANCTIONS IMPOSED ON THE ENTERPRISES VIOLATING THE SPECIFIED WASTEWATER

REGULATION REQUIREMENTNiina Vieno, Dr. (Tech.)

Treatment of industrial wastewater from metalworking plantsSt. Petersburg

Seminar by International Advanced Water Technology Center of Ladec and Vodokanal of St. Petersburg

October 27, 2015

Regulatory background

Directive on environmental liability with regard to the prevention and remedying of environmental damage (2004/35/EC)

Directive of the protection of the environment through criminal law (2008/99/EC)

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Environmental liability with regard to the prevention and remedying of

environmental damage 'Polluter pays' principle An operator whose activity has caused the environmental

damage or the imminent threat of such damage is to be held financially liable.

Not all forms of environmental damage can be remedied by means of the liability mechanism. For the latter to be effective, there need to be one or more identifiable polluters, the damage should be concrete and quantifiable, and a causal link should be established between the damage and the identified polluter(s). Liability is therefore not a suitable instrument for dealing with pollution of a widespread, diffuse character, where it is impossible to link the negative environmental effects with acts or failure to act of certain individual actors.

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Prevention of environmental damages through environmental permits

What if the environmental permit is not obeyed?1. Negotiations and hearing2. Oral and/or written request3. Administrative force that can include penalty

payment4. Cessation of operation5. Cessation of environmental permit6. Report on offence (police)

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FINLANDCompensations need to paid if the waterways

have been polluted.

Compensations may need to ne paid also for individuals or other operators in a polluted area.

Penalty payments can be addressed to organization or individuals in managerial level

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Criminal law (2008/99/EC)“Experience has shown that the existing

systems of penalties have not been sufficient to achieve complete compliance with the laws for the protection of the environment. Such compliance can and should be strengthened by the availability of criminal penalties, which demonstrate a social disapproval of a qualitatively different nature compared to administrative penalties or a compensation mechanism under civil law. “

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Provides for minimum rules Member States are free to adopt or maintain more stringent

measures regarding the effective criminal law protection of the environment.

Article 3 lists offenses (b) the collection, transport, recovery or disposal of waste, including

the supervision of such operations and the after- care of disposal sites, and including action taken as a dealer or a broker (waste management), which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;

(h) any conduct which causes the significant deterioration of a habitat within a protected site;

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Criminal law (2008/99/EC)

Member States shall take the necessary measures to ensure that the offences are punishable by effective, proportionate and dissuasive criminal penalties.

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Criminal law (2008/99/EC) – Article 5 penalties

Legal persons can be held liable for offences where such offences have been committed for their benefit by any person who has a leading position within the legal person, acting either individually or as part of an organ of the legal person, based on: a power of representation of the legal person; an authority to take decisions on behalf of the legal person; or an authority to exercise control within the legal person.

Legal persons can be held liable where the lack of supervision or control has made possible the commission of an offence for the benefit of the legal person by a person under its authority.

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Criminal law (2008/99/EC) – Article 6 liability of legal persons

European statistics on environmental infringements

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Infringements by sector

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Infringements by member state

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FINLANDPenalties:

Natural persons: Penalty payment or imprisonmentLegal persons: Corporate fine

Confiscations Property and possessions

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EXAMPLES

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JVP-Eura Ltd (Finland)

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JVP-Eura Ltd (WWTP in Finland)Illegal passage of untreated wastewater to a

river due to lack of capacity of the treatment plant.No information to the authorities given.Passage was continuous and high in volume.

In 2014, report on offence to police was given by residents living near the river.

WWTP receives high volumes of industrial wastewater that contains for example bisphenol-A.

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Lokapojat Ltd (Finland)

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Lokapojat Ltd Company dumbed untreated residential wastewaters into the

environment during the years 1998 – 2008 (nearly 3000 loads). Oily and greasy wastewaters were dumbed into sewers. Charges of aggravated fraud and environmental crimes as well

as misleading the customers. Two of the managers were sentenced to prison for four (4) years. Penalty payments:

To the state 1 000 000 € Damages to the tune of 270 000 € to different organizations.

Twelve employees or other person involved were sentenced for penalty payments.

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Talvivaara

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Talvivaara In the fall 2014, four persons representing the Talvivaara nickel mine

were indicted Claim:

criminal negligence in the design and research phase of the nickel mine negligence in the environmental and water management permit

application Operators in charge of the construction and commission of the gypsum

pond that was the source of the leaks and the mine’s waste treatment and disposal are also charged with criminal negligence.

The plaintiffs in the case are several local fishing waters associations, the state-owned forest administrator Metsähallitus, the Kainuu ELY centre and two property owners.

Corporate fee claim is 850 000 € (max by law). No verdict yet.

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Industrial wastewater agreement

Agreement between the wastewater treatment plant and the industrial facility can contain sanctions. Industrial facility may be liable to compensate

deterioration of sewers or hindrances to the treatment process if it is caused by the industrial wastewaters.

However, sanctions cannot be an alternative to the pre-treatment of industrial wastewaters.

If industrial wastewater causes severe damage to the sewer or the treatment plant, the WWTP can stop receiving the wastewater.

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Contact information

Niina Vienopuh. 050 5448431niina.vieno@envieno.com

www.envieno.com

Thank you for your attention!