1. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Environmental Management Instruments Carolina Sahlén

2. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Supervision Supervision of environmental legislation in Sweden is mainly performed by Local (Municipality) or Regional (County) Environmental Authorities. Some special legislative demands are supervised by various National Agencies. This mainly concern trans-national issues and seldom includes on-site inspections.

3. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA The two faces of the inspector “The Police” ”The Guide”

4. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Permitting Process (for industrial facilities etc) Consultation Account of consultations Technical description and EIA Permit Application Referral Complimentary information (technical or environmental) Preliminary decision Decision – Issuing permit Possible appeal to Env. Court - Regional Env. Authority - Local Env. Authority - Stakeholders + Other concerned authorities, organisations and public Decision whether Substantial Env. Impact or not - Juridical application - Technical description - EIA - Account of consultations -Account of perceived stakeholders Demands for additions/clarifications Applicants points of view Referral and announcement Hearing in Environmental court Decision – Issuing permit Possible appeal to Supreme Env. Court Alternative process

5. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Supervision Examples of supervision performed by environmental inspectors  Making sure that permits are applied for  Checking compliance with permits  Checking compliance with other environmental legislative demands  Checking annual reports and monitoring results  Making on-site inspections and have discussions with the companies  Reviewing self-monitoring programs  Taking samples or ordering sampling if needed  Making sure illegal contamination stops and clean-up are performed  Advice and demands for improvements (like BAT for equipment, process and raw materials)  Informing and making advice regarding existing and oncoming legislation and adjustments needed to comply with it  Checking complaints (interviewing neighbours and checking alleged damages such as contaminated streams, oil spills, illegal waste dump etc)

6. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Enforcement tools To enforce compliance or punish non-compliance  Injunctions stating restrictions (a penalty fine can be added to this)  Injunction including a ban  Injunction to supply information or ordering investigations  Report of suspected illegal activities, to the police (prosecution and judicial process where the inspector usually makes statement in court. Punishments can be fines or prison for the responsible person. Sometimes also a special fine for the company)  Standardised Environmental Penalty Fines for administrative errors. Issued by the authorities themselves

7. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Some other tools for supervision  Supervisory fees (the facilities that need supervision pays fees; standardised annual sum or according to actual time spent by authorities)  Annual environmental reports (- for all facilities that have are regulated by permit; electronically reporting system)  Environmental Quality Standards (- What is an acceptable level of pollution?)  Air Quality  Water Quality  (Noise)

8. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA How to make priorities Inventory of the need for supervision stating what should be done and the resources needed (annual) Priority according to objectives Inspection /Supervision plan (annual) Setting objectives  Environmental Quality Standards (EU)  National objectives for Environmental Quality  Regional and Local objectives for Environmental Quality  Master plans  Various action plans, policies, best practice

9. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Annual plan for supervision Legal demand and important management tool The plan should state; Which supervision should be made next year (due to legal demands, environmental quality, goals etc) Which resources are needed to fulfill that supervision (budget, staff number, competence, tools) Which economical resources/finance that could be raised (budget, fees) Which activities should be prioritized if the resources do not meet the need Making the high bosses and politicians taking responsibility for the priorities (ensure sufficient budget or accept lower quality).

10. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Discussion 1.Are permits necessary? Could supervision function without them? How? 2.Which tools are most efficient for supervision? 3.Which enforcement are useful and which are not? Which tools not in place should be on the wish- list? 4.What should be the fundation for priorities. Who should make priorities (the government, the local authorities, The inspectors?)

11. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Self-monitoring The art of making the polluters watch over themselves

12. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA ”Well I don´t mind the industries having systems for self-monitoring but it´s got nothing to do with my supervision of compliance – They can´t be trusted at all and I will always take my own samples” (Quote of an environmental inspector from Belgium)

13. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Positive  There is more monitoring made and of better quality than the authorities could ever provide themselves  Those who know the factory/facility etc do the main monitoring  Saves costs and resources for authorities and therefore make it possible to perform more supervision overall  Demands for self-monitoring forces companies to have at lest a minimum of structure of both the environmental work and the overall activities.  Creates awareness and responsibility in the companies – goes well with PPP  Leeds to better relations between companies and inspectors Positive and negative aspects of self-monitoring Negative  There is a risk that levels vary. The “good companies” that comply the best will also be most likely to have a good self- monitoring and the “bad companies are likely to have worse control.  The ones that really wants to, can deceive the authorities – at least fore a while  Monitoring-data can be harder to access and made comparable and intelligible for statistics and analyses of the overall status etc.

14. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Self-monitoring in the Swedish system Incentives for the company to have self-monitoring 1.Self-monitoring is a requirement by law 2.Necessary for making required reports 3.Polluters Pay Principle (clean up is costly) 4.Self-monitoring is a management tool and fits well with management systems for environment and quality (good monitoring-systems often equals good overall efficiency)

15. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Self-monitoring in the Swedish system Legislative requirements due to the “Environmental code” “The one who operate a facility or perform an activity that can be feared to cause harm for human health or effect the environment shall continuously plan for and control the activities to counteract or prevent such effects. The one who operate a facility or perform such activities shall also by their own investigations or in other ways keep themselves informed of the facility´s or activity´s effects on the environment”

16. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Self-monitoring in the Swedish system Detailed requirements for industries etc that need a environmental permit 1.The organizational responsibility for issues due to the Environmental code and permits and demands from authorities due to the code must be established and documented 2.There must be routines for continuously controlling that equipment etc for running and control is in good shape, to prevent harm to human health and the environment. This should be documented.

17. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Self-monitoring in the Swedish system Detailed requirements for industries etc that need a environmental permit 3.There must be continuous and systematic investigations and assessments of the risks for human health and environment that the facility/activity present. These investigations and assessments should be documented. 4.If there is a accident, disturbance etc in the running of the facility, that may lead to harm to human health and environment, this must immediately be reported to the supervisory authorities 5.Chemical products and biotechnical organisms that can cause risks for human health and environment must be listed.

18. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA How can the inspector monitor the self-monitoring? Supervision regarding monitoring results and measures taken Supervision regarding the structure of the self-monitoring and how it is updated

19. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA How can the inspector monitor the self-monitoring? Check the data – is it reasonable? Ask follow up questions Check the instruments Check the routines, checklists etc? Talk to more than one person in the company Look for indicators – a well built factory, building site etc that looks neat probably do their other environmental work OK too. Talk to people in the neighbourhood

20. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA How to get good results and efficiency in supervision of self-monitoring?  Adjust the level of inspection to the risks involved with the facility/activity, to how they have behaved in the past and if there is a reason (se above) to suspect a problem, falsification of results etc.  Have a method, checklists, questions etc to use – then these kinds of inspections can be efficient to the purpose but still save time and costs.  If possible be helpful to cooperative companies. Provide them with standards, checklists, ideas, etc if they need such help and give input on the routines they set up

21. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Discussion 1.What do the legislation at home say or not say about self-monitoring? 2.What other effective incentives are there to make companies perform self-monitoring? 3.What is the possibilities for an inspector to make demands for self-monitoring? Do they? 4.How does it work in practise? Quality? Gains? Risks? 5.Do companies cheat? What methods can be used to find out? How can it be prevented?

22. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Supervision of contaminated areas

23. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA The inspector deals with many questions due to contaminated areas. 1.Is it necessary to clean up? Will human health and the environment benefit? 2.What methods are there? (Cover, Remove, Remediate) 3.How clean must it become? Finding the no/low risk level - Cost-Benefit 4.Who will pay? Can a clean up be funded?

24. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Sins in the past effects the future – what can be done? Three ways to fund a clean up (in the Swedish system)  Supervision and legally based demands - the Polluters Pays Principle 2.Demands due to permit for a new factory, new buildings etc. - the Exploiter Pays 3.Special funds from society or donors, insurances etc. – the Society Pays

25. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Investigate responsibility and making demands 1.Who is the polluter? 2.Are they legally bound to pay? 3.Do they have the means to pay?

26. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA Classification due to risk-assessments Big risk Very big risk Inter- mediate risk Low risk Possibilities for Spreading Level of pullution (N) Sensitivity of the area to the pollutant (K) Need of Protection of the area (S) Danger of the pollutant (F) Small Interme diate Big Very big Low/small Intermediate High/BigVery high/big Water Land/Groundwater Sediment Buildings/facilities

27. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA

28. Discussion 1.What do the legislation at home say or not say about old contaminations? Does PPP work? What are the delimitations? 2.What is the possibilities for an inspector to demand clean up? Do they? Do the polluters comply?

29. A DVANCED I NTERNATIONAL C OURSE I N L OCAL E NVIRONMENTAL M ANAGEMENT I N U RBAN A REAS 2010 AFRICA