Water Services Training Group

1. Water Services Training Group Guidance Document Control of Fat Oil and Grease Launch Seminar 26th January 2012 FOG Guidance Document Launch Seminar 26th January 2012

2. Monitoring & Enforcement Alan Costello Environment Officer Cork County Council FOG Guidance Document Launch Seminar 26th January 2012

3. Enforcement and Monitoring • Inspections • Sampling criteria • Enforcement options • Penalties • Court FOG Guidance Document Launch Seminar 26th January 2012

4. Enforcement Policy • Allow opportunity to comply with law? • Enforcement action last resort? • Transparency • Proportionality • Environmental damage V. non compliance • Consistency • ‘Polluter pays’ principal • No economic benefit to offenders FOG Guidance Document Launch Seminar 26th January 2012

5. Inspections • Recommended: • Desk top investigation in advance advisable • OSI Maps/history of premises/CRO search • Authorization (Aware of powers of entry – S28WPA and S22 WSA • Hard-back note-book • contemporaneous notes. Use to prepare reports and statements • Copy of any permit • Camera + spare batteries • FOG leaflet explaining FOG programme • Business cards • PPE + wipes • Manhole cover lifters • Sample containers + COC form • Dyes – Fluorescein sodiumRhodamine B. FOG Guidance Document Launch Seminar 26th January 2012

6. Inspections • 1L Glass bottle (n-Hexane pre-treated) • Sample should be representative of the discharge • From GRU: outlet from unit • From G/T: closest d/s access. (Avoid scraping sides of sewers into container and contamination from foul sources) • Offer split (good practice) • Label containers • Storage of sample – cooler box + ice packs <24hrs to (accredited) laboratory • Chain of custody form FOG Guidance Document Launch Seminar 26th January 2012

7. + = FOG Guidance Document Launch Seminar 26th January 2012

8. Options? • Warning letter • Direction • Statutory Notices • Court Order • Prosecution FOG Guidance Document Launch Seminar 26th January 2012

9. Options:Warning Letter • Who exactly? • Sole trader/Company/business name owner • Site interviews with staff/owner (under Caution?) • Include: • What the problem is • What needs to be done • When it needs to be done • What will happen- sanctions • Mention S23 of LG(WP)(A)A 1990and S14 WSA. • Send via registered post to company director/secretary • Can be used to support a prosecution but itself is not binding FOG Guidance Document Launch Seminar 26th January 2012

10. Options: S22 Direction • S22(6) of Water Services Act • …wastewater infrastructure serving a premises constitutes a risk to human health or the environment may direct the owner to take such measures…. • Establish who exactly to direct? • CRO search for company/business name • Include: • What the problem is • Direct what needs to be done • When it needs to be done • What will happen- sanctions • Binding - offence not to comply if unchallenged • Quick • Low resource– No M.O order required FOG Guidance Document Launch Seminar 26th January 2012

11. Options: Statutory Notices • Section 16(13) of 1977 WPA • If FSE discharging without/in contravention of a licence. Can require cessation of the discharge, remedy the effects of the discharge • Section 23(2) of 1977 WPA • Can request particulars of a discharge to sewer. • Legally binding • Offence not to comply if notice not challenged • Manager’s order required • Slow, resource intensive FOG Guidance Document Launch Seminar 26th January 2012

12. Options: Court Order • S70(6) Water Services Act Provides for any person affected by a failure of a duty of care by a third party to obtain a D.C order to discontinue/mitigate effects of said failure. Civil  balance of probabilities (also S20 of LG(WP)(A)A 1990) FOG Guidance Document Launch Seminar 26th January 2012

13. Options: Prosecution • Initiate Prosecution? • Intent • History • Attitude • Co-operation • Time limit for proceedings • Which charge? • Non compliance with notice/direction • S16 WPA • S70 WSA Consider as many charges as possible to encourage a plea Consider S23 of LG(WP)(A)A 1990and S14 WSA • Realistic chance of success FOG Guidance Document Launch Seminar 26th January 2012

14. Prosecution:S16 V. S70 • S16 WPA • S16(1): “…shall not…discharge or cause or permit the discharge of any trade effluent or other matter (other than domestic sewage or storm water) to a sewer, except under and in accordance with a licence….” (i.e. no licence or not in accordance with a licence) • S70 WSA • S70(1): “..shall not permit wastewater to be discharged from a premises in a manner that presents a risk to health or the environment..” • S70(3): “…shall not cause any matter to enter a sewer.. by which the free flow of the contents may be interfered....” (i.e. block a sewer) FOG Guidance Document Launch Seminar 26th January 2012

15. Prosecution: • What is required to prosecute • Evidence of offence - report • Specifics - how • Evidence of offender • Investigator Authorized • Authority Delegated (managers orders) FOG Guidance Document Launch Seminar 26th January 2012

16. Penalties . S12 S16 S22 €5,000 and/or 3 months or ( on conviction on indictment €15,000,000 and/or 5 years) S23 S28/22 S70 FOG Guidance Document Launch Seminar 26th January 2012

17. Court Hearing: • District Court (Minor Summary Offence) • Very adversarial! • Examination in chief/cross examination • Beyond all reasonable doubt. • Investigating Officer’s Oral Evidence • Qualifications & Experience • Knowledge of the obligations imposed by the legislation, and the legislation itself • Know possible defences • Note book • Report FOG Guidance Document Launch Seminar 26th January 2012

18. Court Hearing: • Exhibits: • Manager’s Order • Officer’s authorization • Certificate of incorporation from Registrar of Companies • Proof of service of notice/summons • Correspondence (original warning letter) • Photographs • Signed and dated. 4 copies + negatives/disc. referenced in notes/drawing • Test reports • Drawings FOG Guidance Document Launch Seminar 26th January 2012

19. Court Hearing: • Chain of custody • Must be able to prove the evidence has not been interfered with, and how evidence was stored. If given to someone else, to whom was it given (they may also be required to give evidence). Check with lab in advance. • Costs • now payable to Local Authority FOG Guidance Document Launch Seminar 26th January 2012

20. Thank You FOG Guidance Document Launch Seminar 26th January 2012