In order to give this talk I had to turn it on its head by taking about Regulation Environment Enforcement Effectiveness Delivery
THE BENEFITS OF COMPLIANCE WITH THE ENVIRONMENTAL ACQUIS FOR THE CANDIDATE COUNTRIES DG ENV CONTRACT ECOTEC Research & Consulting Limited UK
Strategy . Pursue a strategic, rather than piecemeal, approach to law-making for broad environmental policy sectors. Definitions . Provide clear and unambiguous definitions for key terms. Make definitions consistent between laws unless there is good reason for difference. Requirements . Ensure that the requirements of the law are clear, and appropriate to deliver the aims of the legislation. Timeframes . Ensure that timeframes for implementation are clear and practical. Check that the timeframes of different laws fit realistically. Proportionality . Ensure that the requirements of legislation are proportionate to the risks and hazards they address. Reporting . Only require reporting that will support implementation of the law or give useful feedback on its effectiveness. Harmonise reporting requirements across different laws. Revision . Make provision in the law for a simplified process (where the Treaties allow this) to quickly review and revise parts of the law if initial implementation reveals problems of practicability and enforceability.
Faced with so many regulations, sometimes not written very well and so many issues to be resolve on the ground where do you begin to enforce effectively I am proposing that DRINC is the answer The first shot of DRINC is:
The second shot of DRINC is:
The Third shot of DRINC is:
The fourth shot of DRINC is:
The last call for DRINC is:
WHO define health not just as an absence of disease or infirmity, but rather, it is a state of complete physical, mental and social wellbeing . There are many health factors that are beyond the control or influence of regulatory agencies; however, the issue of TRUST is considered central to one’s sense of wellbeing. Building of trust in communities is key to the implementation and enforcement of environmental law
I will finish with a quote from a book called the “The Regulatory Craft” , by Malcolm Sparrow (2000) “ Regulators, under unprecedented pressure, face a range of demands, often contradictory in nature: be less intrusive – but more effective; be kinder and gentler – but don’t let (them) get away with anything; focus your efforts – but be consistent; process things quicker – and be more careful next time; deal with important issues – but do not stray outside your statutory authority; be more responsive to the regulated community – but do not get captured by industry.” As you can see there are many challenges but we must meet them if we are to deliver effective enforcement of Environmental Legislation.
Effective Enforcement of Environmental Regulations Environment Ireland 2006 4 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.
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
IMPEL Principles for Better Legislation
The Environmental Issues - Waste Rodent infestation Carcinogenic effect Litter Dioxin formation Fly tipping/backyard burning Odour nuisance Quality of life Odour Nuisance Control of odour and noise at waste facilities Rodent infestation Explosive atmospheres Contaminated drinking water and food Methane gas build up Groundwater and soil contamination Control of C&D material - 80% of illegally dump waste was C&D Explosive atmosphere Contaminated drinking water and food Methane gas build up Groundwater and soil contamination Installation of landfill gas and leachate infrastructure at older landfills Odour nuisance Contaminated drinking water Rodent infestation Contaminated soils Ground water and surface water pollution associated with spills or illegal waste facilities Handling storage and transfer of waste at licensed facilities Health Impact Environmental Impact Waste Issues
The Environmental Issues - Surface Water Faecal coliform pollution in drainage ditches and bathing water River, lake and bathing water pollution Storm water overflows and misconnections Faecal coliform pollution in amenity areas River and lake pollution Poor farmyard management Nitrate and faecal coliform pollution of drinking waters Surface water pollution Inappropriate land spreading Health Impact Env. Impact Surface Water Issues Faecal coliform pollution in amenity areas - gastroenteritis River, lake and bathing water pollution Poor management of wastewater treatment plants
The Environmental Issues - Groundwater Carcinogenic subtances in drinking water wells Historic contamination of groundwater Poor management practices at older industrial facilities Faecal coliform pollution in residential areas Groundwater pollution Poor installation and management of small communities systems Drinking water contamination Groundwater pollution Poor septic tank installation and management Carcinogenic subtances in drinking water wells Contamination of groundwater Poor containment of hazardous materials Nitrate and faecal coliform pollution of drinking waters Groundwater pollution Inappropriate land spreading Health Impact Environmental Impact Groundwater Issues
The Environmental Issues - Drinking water Inadequate source water protection Health Impact Environmental Impact Drinking Water Issues Gastroenteritis Faecal colifom pollution in private wells Private water schemes – not satisfactory ( 40 % contaminated with e-coli at least once in 2004) Inadequate monitoring and reporting Gastroenteritis Cryptosporidiosis notifications rising Public water supplies - satisfactory 21% of supplies that were risk assessed identified as high/very high risk
The Environmental Issues – Odour Nuisance Issues Causes Odour Nuisance Difficult to diagnose Mixed success in Court Significant time dealing with complaints Intensification of activities Changing nature of waste stream Incorrect or delayed installation of odour abatement infrastructure. Significant increase in complaints against waste facilities following Signicant knowledge gained EPA as mediators Significant investment or closure Decreasing complaints against industry. Significant investigation time Location of older facilities Conurbation Most complaints to the EPA are odour related
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.