TRP Chapter 3.3 1

Chapter 3.3 Enforcement

TRP Chapter 3.3 2

Enforcement

ENFORCEMENT

LEGISLATION

SUPPORTSERVICES

FACILITIES

Enforcement is one of the inter-related components of a hazardous waste management system

Source: David C Wilson 1993

TRP Chapter 3.3 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

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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

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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

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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

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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

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Enforcing the requirements for waste generators

A requirement to provide proper, secure storage facilities

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International obligations

•Basel Convention

•London Convention

•containers

•labelling

How to enforce?

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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

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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

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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

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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 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