Environmental Enforcement

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Environmental Enforcement

• F.X. ODwyer
• -Exec Scientist
• Environment Directorate
• Cork Co Council

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Enforcement Network

• Office of Environmental Enforcement (OEE)
• Set up in 2003
• Distinct office within EPA
• Environmental Enforcement Network (EEN)
• Local Authorities
• An Garda Siochana
• DoEHLG
• Revenue Commissioners
• Criminal Assets Bureau

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CCC - Waste Enforcement Team

• Sanction Financial Support from DoEHLG
• Six members
• Professional Administrative
• Developed Cork Regional Waste Enforcement Plan
• Scheduled Activities
• Unscheduled Activities

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Authorised Person

• Person appointed in writing
• The minister
• Local Authority
• The Agency
• The Commissioner of the Garda Siochana..
• Such other person as may be prescribed
• To be an authorised person for the purposes of
  the Waste Management Acts or section thereof.

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Powers of an Authorised Person

• Section 14
• Powers of an Authorised Person
• at all reasonable times, or at any time if he or
  she has reasonable grounds for believing that
  there may be a risk of environmental pollution
  arising from the carrying on of an activity at
  the premises or that such pollution is occurring,
  enter any premises and bring thereon such other
  persons (including members of the Garda Síochána)
  or equipment as he or she may consider necessary
  for the purpose of investigation

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Environmental Pollution

• Section 32
• General Duty of a Holder of Waste
• A person shall not hold, transport, recover or
  dispose of waste in a manner that causes or is
  likely to cause environmental pollution
• A person shall not transfer the control of
  waste to any person other than an appropriate
  person
• an appropriate person" means a local authority,
  the corporation of a borough that is not a county
  borough, the council of an urban district, or a
  person otherwise authorised under and in
  accordance with this Act or the Act of 1992 to
  undertake the collection, recovery or disposal of
  the class of waste in question.
• Section 39
• Requirement to hold a Waste License/Waste
  Management Permit

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Waste Collection Permits

• Section 34
• Waste Collection Permits
• 34.(1(a) Subject to paragraph (b), a person
  other than a local authority shall not, for the
  purposes of reward, with a view to profit or
  otherwise in the course of business, collect
  waste, on or after such date as may be
  prescribed, save under and in accordance with a
  permit (in this Act referred to as a 'waste
  collection permit') granted by-

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Waste Management

• Waste Disposal- Landfill was the only
  Disposal option for Municipal wastes
• 32 landfills accepted 1.824 m tonnes of municipal
  waste for disposal 1.193m t Ho waste
• Biodegradable wastes 44 paper/cardboard, 37
  food garden waste-approx 2m tonnes generated
  in 2005
• -65 was land filled 35 recycled aim under
  Landfill Directive red. 50 by 2009 further
  red. to 35 by 2016

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Power of a LA to Require Measures to be taken

• Section 55
• Powers of a Local Authority to require measures
  to be taken in relation to the holding, recovery
  or disposal of waste

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Environmental Inspections

• Consistency of Approach
• RMCEI
• Recommended Minimum Criteria for Environmental
  Inspections
• Consistent and transparent approach to
  environmental inspections

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Scheduled Activities

• Programmed Audits
• Waste Collection Permit holders
• Waste Management Permit Holders
• Authorised Treatment Facilities

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Unscheduled Activities

• CCC - Complaints
• Over 1300 complaints in 2006
• 1,307 complaints in 2007 to date-Sept 10 2007
• Transfrontier Shipment of Waste
• Monitor Waste Activities
• Multi Agency Checkpoints
• Complaints
• Illegal Dumping Line
• Information gleaned from Audits

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Prioritisation for Inspection

• Risk of Environmental Pollution
• Complaints- Waste dumping/Burning of wastes
• History
• General Monitoring

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Inadequate Security
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Visual Inspection
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Audit

• Carried out in accordance with RMCEI
• All documentation to be made available for the
  Audit.
• Copy of waste permit
• Plans of the facility ( as per the permit
  application submission)
• Register of Records
• Annual Reports.
• Waste Collection Records-copies of daily dockets
  Monthly Summaries
• Audit Report will be sent to the Permit Holder
  outlining non compliances observations from the
  Audit.
• Non compliances to be addressed and Information
  requested in the audit to be submitted to Cork Co
  Council lt 3 weeks from date of audit.

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CCC Auditing Programme- Condition 1

• Check area of waste collections
• Check waste types
• Retention period for waste collection record
• Notify CCC of any changes to info furnished
• Permit is non-transferrable

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CCC Auditing Programme- Condition 2

• Waste facilities in use by the permit holder
  ---are the facilities authorised??
• Were the facilities in use applied for by the
  permit holder for inclusion on Appendix B??
• Carrying a full copy of permit on vehicles??
• ERP-Emergency Response Procedure
• Spill kitcarried on waste collection vehicle?

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CCC Auditing Programme- Condition 3

• Vehicles-have the collection vehicles been
  applied for inclusion on Appendix C by the Permit
  Holder
• Permit Labelling waste collection vehicles
  and/or waste collection Trailers/Containers??
• Skips-Written skip hire agreement in place
  ---are skips labelled in line with permit
  requirements
• Storage of wastes overnight in public places??

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CCC Auditing Programme- Condition 4

• Waste spillages/incidents notified to CCC
• Waste collection dockets/recording system-permit
  holder to have own waste collection dockets 1
  docket per load of waste collected
• Regular collection round 1 docket/vehicle/day
• Dockets to be retained for 3 years at PH Place of
  business make available for inspection to CCC

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CCC Auditing Programme- Condition 4

• Monthly Summary required by permit holder
• Annual Report-compile from Monthly Summary
  submit to CCC by 28th Feb.
• List of waste producers to be compiled
• Retain all CCC permit Correspondences
• Submit Review information to CCC Inniscarra

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CCC Auditing Programme- Condition 5

• CCC Monitoring costs
• Permit holders Insurance cover in place must
  meet the permit listed cover of-
• 12.8m Employers Liability
• 6.5m re Public Liability
• 3.8m re 3rd party property damage on motor
  insurance

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CCC Auditing Programme- Condition 6

• Conditions specific to waste types collected,
  which vary from Industrial, Construction/Demolitio
  n, Domestic Wastes, Hazardous wastes, Septic Tank
  Sludge waste, ELVs, WEEE wastes, waste oils
• Compliance with all of the sub conditions will be
  checked at CCC waste permit Audit

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CCC Auditing Programme- Appendices

• Appendix A - Waste types collected match the
  waste types applied for by permit holder
• Appendix B - Facilities in use as applied for by
  permit holder-permitted facilities closed??
• Appendix C waste collection vehicles-fleet in
  use correspond to vehicles applied for to CCC by
  permit holder or, Revisions issued

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Annual Environmental Reports -AER for Waste
Collection Permit Holders

• AER a condition of permit
• Must be submitted by the 28th February each year.
• Information in the AER covers the preceding year
  Deadline 28th Feb. each year, though the AER
  covers work carried out from Jan 1st to Dec 31st
  previous year.
• Information required
• EWC Code re waste collected --- 6 digit number
• Hazardous Waste --- Yes or No
• Description of waste --- e.g. Plastics/Glass etc
• Quantity (tonnes) ---- tonnes/Litres
• Destination of wastes (name and location)
• Licence or permit number of destination facility
  is required on all waste collection dockets.

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• Summary
• Waste Management is critical -avoid the potential
  for Environmental Pollution-detailed planning is
  a must.
• Wastes-every effort to be made by all sectors to
  reduce/reuse/recycle
• Waste producer must give control of wastes to a
  Waste Collection Permit Holder
• Waste destination must be authorised Local
  Authority Permitted facility, or, EPA Licensed
  facility Transfer stations/Landfills etc

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• CCC Chief Environmental Awareness Officer
• -Mary Stack 021-4532700
• Thank you for your attention
• Mise, Le Meas,
• F.X. ODwyer Env. Enf. Officer
• Waste Enforcement Section-Inniscarra

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