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Chapter 3.3 Enforcement

Chapter 3.3 Enforcement. Enforcement. LEGISLATION. FACILITIES. SUPPORT. ENFORCEMENT. SERVICES. Enforcement is one of the inter-related components of a hazardous waste management system. Source: David C Wilson 1993. Effective enforcement - considerations. Problems:

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Chapter 3.3 Enforcement

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  1. Chapter 3.3 Enforcement TRP Chapter 3.3 1

  2. Enforcement LEGISLATION FACILITIES SUPPORT ENFORCEMENT SERVICES Enforcement is one of the inter-related components of a hazardous waste management system Source: David C Wilson 1993 TRP Chapter 3.3 2

  3. Effective enforcement - considerations • Problems: • Resources may be inadequate • Administrative responsibilities may be fragmented • There may be insufficient enforcement of existing laws • Regulations on hazardous waste: • should be phased in gradually • must be enforced • require monitoring • Enforcement: • must recognise limits of available resources and skills • should be transparent to encourage compliance TRP Chapter 3.3 3

  4. Inspection & enforcement: pros and cons • Benefits to industry include: • level playing field • improved public image • Disadvantages include: • cost of compliance eg higher operating costs • risk of fines, cancellation of permits or closure of operations • bad publicity • lost business TRP Chapter 3.3 4

  5. What to enforce? Illegal activities eg dumping, deliberate spills or discharges, non-permitted treatment or recycling, accepting illegal waste, falsifying information Permits eg for sites, storage, transport, treatment, recycling or disposal Information eg declarations of waste generation, results of monitoring results and reporting of incidents Procedures eg monitoring, sampling and reporting Responsibilities for operators eg due care, safety, clean-up of spills - for public bodies eg taking action and consulting, keeping records, monitoring and reporting TRP Chapter 3.3 5

  6. Licensing of facilities • Permit conditions for a hazardous waste treatment or recycling plant are likely to address: • Wastes permitted • Wastes not permitted • Discharge limits • Residue disposal • Record keeping • Reporting • Permit conditions for a hazardous wastes landfill are likely also to include: • Operating conditions • Monitoring • Site rehabilitation • Insurance or bond TRP Chapter 3.3 6

  7. Controlling waste transport • Illegal transport of hazardous wastes is one of the most common offences • Focus of control may include: • Types of waste • Type of vehicle • Hazard signs on the vehicles • Pick up and deposit points for waste • Record keeping • Driver training • Emergency equipment • May also need documents for waste itself TRP Chapter 3.3 7

  8. Enforcing the requirements for waste generators A requirement to provide proper, secure storage facilities TRP Chapter 3.3 8

  9. International obligations • Basel Convention • London Convention • containers • labelling • How to enforce? TRP Chapter 3.3 9

  10. Penalties for non-compliance • Reporting failures – fine • Illegal dumping of wastes –fine or prison sentence • Waste transport offences – fine or revoked permit • Site permit contraventions – fine or site closure • False information or misreporting – fine or a prison sentence TRP Chapter 3.3 10

  11. Encouraging compliance • Monitoring • Assessment of self-reported data • Site inspections • Site audits • Follow up of reported incidents • Routine checks of self-reported information • Introduce measures to encourage industry to report non-compliance • Also influential: • Benchmarking • Peer pressure • Pressure from clients, special interest groups, NGOs TRP Chapter 3.3 11

  12. The public’s role in enforcement • The public can put pressure on industry and government • Industry can improve relationships with public by: • Signing Good Neighbour charters • Offering annual open days • Establishing standard complaints procedure • Enforcers can make permit conditions transparent TRP Chapter 3.3 12

  13. Public disclosure • Use of: • newspapers and trade journals • environmental agency annual reports • public registers • web sites • to disclose offences and details of non-compliance TRP Chapter 3.3 13

  14. Chapter 3.3 Summary • Enforcement is one of the components of an integrated hazardous waste management system • It should cover: illegal activities, licenses (eg for sites, transport), responsibilities and procedures • It is influenced by international obligations • It needs resources • It offers benefits to industry • Must fit with other pollution control laws • It should be transparent to encourage compliance and should impose penalities for non-compliance TRP Chapter 3.3 14

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