Return to Home Page. Introduction to Environmental Problems: Past and Present Slides for November 19, 2013. GEOG 433. Institutional factors in environmental quality problems & management: Theoretical Advantages of Socialism. 2.
Introduction to Environmental Problems: Past and Present
Slides for November 19, 2013
Lake Onega oil spill
Polluter Pays Principle
Pollution charges for polluting industries
Establishment of an ear-marked ecological fund
Drawbacks in the Russian case
Uneven enforcement, absence of 3rd party oversight
Economic crisis, inflation
RSFSR law "On the Protection of the Natural Environment"
signed by Yeltsin 12/19/91 published 3/3/1992 in Rossiyskaya gazeta
15 major sections, 94 separate articles
Goskompriroda (short time was Ministry in 1991-joint union-republican body)
weak CIS body - Interstate Ecological Council (made of environmental misters minus Ukraine) Council function to mediate inter-republican disputes & address environmental obligations of former USSR within Russia Goskopriroda superseded by Ministry of Ecology and Natural Resources & interdepartmental Coordinating Council on Ecological Policy (first chaired by A. V. Yablokov-portfolio of Presidential Adviser on Ecology and Health
Council= Ministers of Ecology & Natural Resources, Public Health, Agric, Fuel and Electric Power, Science, Higher Education, Technical Policy and heads of state committees in Russian Government
The RSFSR law was product of Russian Fed Supreme Soviet's Committee on Ecological Issues and Rational Use of Natural Resource & MGU's (Moscow State University’s) faculty of Environmental Law
Vladimir Vorfolomeyev (Chair of Committee) and Vladislav Petrov (MGU faculty) say law is "Russia's ecological code," i.e., guide to subsequent laws, a response to Soviet environmental damage, framework for working within market economy
market conditions and plurality of interests
1) focus on delineating jurisdictions of governments at all levels Federal to local Soviets
2) recognition of and targeting of measures to different stages of econ development (e.g., siting, design, construction, start-up, operation of specific plants)
3) tailoring of environmental protection strategies to specific economic sectors (agric., chemistry industry, power generation, urban construction)
4) strengthen legal guarantees of environmental activities of citizens and public groups (i.e., citizens and groups rights to:
a) distribution of of environmental information,
b) participate in environmental inspection process,
c) hold meetings and demonstrations
d) initiate proceedings for termination or suspension of plant operations & sites deemed environmentally hazardous
e) file suits for compensation for damages, injury, and death, legislative intent versus implementation/enforcement pressure to scale back regulation as economy faltersThe RSFSR law
Section I General Principles: 10 articles focus on basic objectives, features to be protected, jurisdictions- - focus on preserving or stablizing quality of human environment, preventing damage, natural hazards, rational resource use, balancing of economy vs. ecology, promote openness and interstate cooperation.
Russian Federation Supreme Soviet charged with legislative and oversight functions; enact and repeal legislation; review policies and implementation; establish "legal regime for zones of extreme ecological situation".
implement state policy via host of bodies; coordinate activities of different ministries formation and use of extra-budgetary FEDERATION ECOLOGICAL FUND; prepare annual report on state of the environment, establish agencies and procedures for:
a) determination of air, water and other environmental quality standards and resource consumption norms
b) fining polluters
c) environmental monitoring
d) state "ecological inspection" & permitting
e) expansion and/or maintenance of nature reserve system
f) termination or suspension of polluting activities and seeking of compensation for environmental damage
g) provision of environmental information to public
h) conduct resource inventories
1) nationality-based units (republics, autonomous oblasts, autonomous okrugs
2) krays and oblasts -jurisdiction over "planning of environmental protection and resource use, and financing and material-technical support for ecological programs"
Oblasts and krays not authorized "to set differentiated rates of payment (user-fees) for use of natural resources and for emissions of pollutants," but can "make decisions on use of the environment and its resources,"
LOCAL GOVERNMENTS granted in principle the same rights as oblasts and krays (i.e, jurisdictional conflicts likely)
SECTION II: "Right of Citizens to a Healthy Environment" 4 articles guarantee environmental norms - MPCs (maximum permitted concentration) and state monitoring
(20% of population lived in 103 cities with at least one pollutant >10X MPC)
MPC problems-#, synergistic effects, quantity versus persistence, fines versus capital investment in equipment
FINANCING OF ENVIRONMENTAL PROTECTION
SECTION III: "The Economic Mechanism of Environmental Protection" carrot–economic incentives for pollution control & resource conserving technology strict–fines and administrative measures (nothing specified)
Article 16 – qualitative and quantitative accounting and inventory of resources and secondary raw materials
Article 17 – sources of funding
a) Federal budget and other territorial governmental budgets
b) resources of enterprises, organizations and institutions (voluntary, licensing, permit fees, fines)
c) Federal through okrug ecological funds
d) environmental insurance (strakhovaniye) fines (enterprise for accident mitigation costs
e) credit banks
f) voluntary contributions
Article 18 – permitting procedure for all major users worked out by enterprise officials and government officials (graft)
Article 20–system of resource use payment & payment for natural resources, for pollution, right to use natural resources within acceptable limits, for above-limit and irrational use, and for regeneration and conservation (fees proportional to quantities used and volumes discharged (90% to go to extra-budgetary "ECOLOGICAL FUND" & 10% to Federal budget) procedure not set up
Article 21–unitary, multi-level system of extra-budgetary ecological funds (60% to city and rayon levels; 30% to federation, republic, oblast, kray levels; 10% all-Federation level)
Article 24–economic incentives, tax breaks, right to transfer monies from eco fund to enterprises for environmental protection, credits to firms for achievement of Environmental Protection goals
"Environmental Quality Norms" based on latest level of technology and prevailing international standards.
Articles 24-34: MPCs for ambient air quality, pollutant emissions, noise and vibration levels, radiation, chemical use in agric, residual concentration in food, ecological requirements for various products, human pressure on the environment, EQ (environmental quality) in sanitary-protection zones (green belts etc.)
biological pathogens as EQ indicators to be monitored, dosimeters to public, geography spatial variations, MAJOR extension of past MPCs.
"State Ecological Inspection" by state (partly by Ministry of Ecology and Natural Resources, scientific community, and public) verify new plants during construction and operation, obligatory for planned plants, to be passed before financing and construction can begin really IES, teams responsible for accuracy, reports can be overturned by courts
Provision for "public ecological inspections" requested by public for operating firms, legally binding if approved by "appropriate state bodies"
"Ecological Requirements for the Siting, Planning, Construction, Reconstruction and Start-Up of Enterprises and Other Structures" - applies to industry, transport, power generation, water , pipeline and power lines, irrigation canals,
Article 41–siting (locating)
Article 42–scientific principles in planning and design
Article 43–construction and reconstruction/renovation
Article 44– start-up
public involvement in facility siting,
even allows for referendums and court rulings
start-ups subject to "acceptance team" (priyemniki) inspections,
stiff penalties for spurious approvals
"ECOLOGICAL REQUIREMENTS FOR THE OPERATION OF ENTERPRISES, FACILITIES, AND OTHER OBJECTS" - deals with daily operation stuff (procedures)
Article 48, point 3: "the siting, design, and construction of atomic power stations is forbidden in areas with large population concentration, resort and recreation qualities, medicinal/thermal waters,... in seismically hazardous zones, near large reservoirs of republican significance, and traditional places of mass recreation..."
Article 50, point 3: prohibits entrance into Russia of radioactive material "from other states" for storage or burial (example, in Jan. 1992 Izvestiya of Krasnoyarsk refuses(ed) to accept Ukrainian nuclear wastes)
Article 55: "Ecological Requirements for Military and Defense Installations and Military Activity"
Article 56: "preservation of the Earth's Ozone Layer" international compliance
on "EXTREME ECOLOGICAL SITUATIONS":
zones with extreme ecological situation: (heavy industrial emissions
b) ecological disaster zones: true disaster areas, no new enterprises, reconstruction strongly restricted, only essential activities to continue
"Specially Protected Natural Areas and Features" zapovedniki–nature reserves, zakazniki–nature preserves, biosphere reserves, national parks, national monuments, rare and endangered species as in Russian Federation REDBOOK
zapovedniki–nature reserves: all economic activity prohibited
zakazniki–nature preserves: habitat preservation with contradictory activities banned
some zapovedniki in UNESCO international biosphere reserve system monitored to detect global change
others can, but oblasts and krays cannot petition or establish such protected areas
SECTION X: legal basis for monitoring, pooling of personnel and resources, inspectors have right to enter military and KGB and all other facilities, inspect documents, data, can call for state ecological inspection or suspension of operations.
SECTION XI: "Ecological Education and Research" requires classes on environmental protection and resource conservation in special middle schools and high schools in Russia, RAN (Russian Academy of Sciences) to elaborate and ratify complex research programs on environmental protection and rational resource use