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Water Services Training Group. Guidance Document Control of Fat Oil and Grease Launch Seminar 26 th January 2012. Monitoring & Enforcement. Alan Costello Environment Officer Cork County Council. Enforcement and Monitoring. Inspections Sampling criteria Enforcement options Penalties

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Water services training group

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


Monitoring enforcement

Monitoring & Enforcement

Alan Costello

Environment Officer

Cork County Council

FOG Guidance Document Launch Seminar 26th January 2012


Enforcement and monitoring

Enforcement and Monitoring

  • Inspections

  • Sampling criteria

  • Enforcement options

  • Penalties

  • Court

FOG Guidance Document Launch Seminar 26th January 2012


Enforcement policy

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


Inspections

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


Inspections1

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


    Water services training group

    +

    =

    FOG Guidance Document Launch Seminar 26th January 2012


    Options

    Options?

    • Warning letter

    • Direction

    • Statutory Notices

    • Court Order

    • Prosecution

    FOG Guidance Document Launch Seminar 26th January 2012


    Options warning letter

    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


    Options s22 direction

    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


    Options statutory notices

    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


    Options court order

    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


    Options prosecution

    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


    Prosecution s16 v s70

    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


    Prosecution

    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


    Penalties

    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


    Court hearing

    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


    Court hearing1

    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


    Court hearing2

    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


    Thank you

    Thank You

    FOG Guidance Document Launch Seminar 26th January 2012


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