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Assuring Environmental Compliance

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Assuring Environmental Compliance ASSURING ENVIRONMENTAL COMPLIANCE A toolkit for building better environmental inspectorates in Eastern Europe, Caucasus, and Central Asia ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT Pursuant to Article 1 of the Convention signed in Paris on 14th December 1960, and which came into force on 30th September 1961, the Organisation for Economic Co-operation and Development (OECD) shall promote policies designed: − to achieve the highest sustainable economic growth and employment and a rising standard of living in Member countries, while maintaining fi nancial stability, and thus to contribute to the development of the world economy; − to contribute to sound economic expansion in member as well as non-member countries in the process of economic development; and − to contribute to the expansion of world trade on a multilateral, non-discriminatory basis in accordance with international obligations. The original Member countries of the OECD are Austria, Belgium, Canada, Denmark, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, the United Kingdom and the United States. The following countries became Members subsequently through accession at the dates indicated hereafter: Japan (28th April 1964), Finland (28th January 1969), Australia (7th June 1971), New Zealand (29th May 1973), Mexico (18th May 1994), the Czech Republic (21st December 1995), Hungary (7th May 1996), Poland (22nd November 1996), Korea (12th December 1996), and the Slovak Republic (14th December 2000). The Commission of the European Communities takes part in the work of the OECD (Article 13 of the OECD Convention). OECD CENTRE FOR CO-OPERATION WITH NON-MEMBERS The OECD Centre for Co-operation with Non-Members (CCNM) promotes and co-ordinates OECD’s policy dialogue and co-operation with economies outside the OECD area. The OECD currently maintains policy co-operation with approximately 70 non-Member economies. The essence of CCNM co-operative programmes with non-Members is to make the rich and varied assets of the OECD available beyond its current Membership to interested non-Members. For example, the OECD’s unique co-operative working methods that have been developed over many years; a stock of best practices across all areas of public policy experiences among Members; on-going policy dialogue among senior representatives from capitals, reinforced by reciprocal peer pressure; and the capacity to address interdisciplinary issues. All of this is supported by a rich historical database and strong analytical capacity within the Secretariat. Likewise, Member countries benefi t from the exchange of experience with experts and offi cials from non-Member economies. The CCNM’s programmes cover the major policy areas of OECD expertise that are of mutual interest to non- Members. These include: economic monitoring, structural adjustment through sectoral policies, trade policy, international investment, fi nancial sector reform, international taxation, environment, agriculture, labour market, education and social policy, as well as innovation and technological policy development. Издано на русском языке под названием: ОБЕСПЕЧЕНИЕ СОБЛЮДЕНИЯ НОРМАТИВНО-ПРАВОВЫХ ТРЕБОВАНИЙ В СФЕРЕ ОХРАНЫ ОКРУЖАЮЩЕЙ СРЕДЫ Практическое пособие по совершенствованию государственного экологического контроля в странах Восточной Европы, Кавказа и Центральной Азии © OECD 2004 Permission to reproduce a portion of this work for non-commercial purposes or classroom use should be obtained through the Centre français d’exploitation du droit de copie (CFC), 20, rue des Grands-Augustins, 75006 Paris, France, Tel. (33-1) 44 07 47 70, Fax (33-1) 46 34 67 19, for every country except the United States. In the United States permission should be obtained through the Copyright Clearance Center, Customer Service, (508) 750-8400, 222 Rosewood Drive, Danvers, MA 01923 USA, or CCC Online: www.copyright.com All other applications for permission to reproduce or translate all or part of this book should be made to OECD Publications, 2, rue André-Pascal, 75775 Paris Cedex 16, France. The printing of the English version of this publication is funded by the European Commission, CARDS programme project, supporting the activities of the Balkan Environmental Regulatory Compliance and Enforcement Network (BERCEN). The project is implemented by the Regional Environmental Center for Central and Eastern Europe. FOREWORD Many countries are working to achieve their environmental objectives by systematically assur- ing compliance with environmental laws and regulations. In the transition economies of Eastern Europe, Caucasus, and Central Asia (EECCA), this challenge comes at the point when concerted actions are also required to advance the rule of law and the credibility of governments. In this context, environmental enforcement authorities (inspectorates) need to increase their effectiveness and effi ciency, be more transparent, and follow good governance principles in their work at the interface between the government, the regulated community, and the civil society. In creating systems of compliance assurance and enforcement programmes, environmental inspectorates must care- fully select the compliance objectives, their instruments, and tactics. This publication builds on the “Guiding Principles for Reform of Environ mental Enforcement Authorities in Transition Economies of Eastern Europe, Caucasus and Central Asia”, which were endorsed by European environment ministers at their last conference in Kiev in May 2003. While the Guiding Principles present a concise reference model to direct the long-term improvement of environmental compliance assurance systems, this Toolkit brings together a range of methodological and organisational approaches to support improvements and help build the capacity of environmental inspectorates in the EECCA region. The publication of the Toolkit is one of the environmental activities undertaken within the programme of work of the OECD’s Centre for Co-operation with Non-Members. These activities are carried out within the OECD’s Environment Directorate, under the umbrella of the Task Force for the Implementation of Environmental Action Programme for Central and Eastern Europe (EAP Task Force), for which the Environment Directorate serves as Secretariat. Financial support to develop and publish this volume was provided by the Netherlands. The views expressed in this publication are those of authors and do not necessarily refl ect those of the OECD or its Member countries. The Toolkit is published under the responsibility of the Secretary-General of the OECD. Lorents Lorentsen Eric Burgeat Director Director Environment Directorate Centre for Co-operation with Non-Members TABLE OF CONTENTS PART 1 LAYING THE FOUNDATIONS OF AN ENVIRONMENTAL INSPECTORATE.........11 Chapter 1.1 The role of environmental compliance assurance Chapter 1.2 Preventing and addressing regulatory failures Chapter 1.3 Major institutional aspects of compliance assurance PART 2 MANAGING STRATEGICALLY....................................................................................79 Chapter 2.1 Strategic planning Chapter 2.2 Designing organisational structures Chapter 2.3 Organisational culture and leadership Chapter 2.4 Human resources management Chapter 2.5 Financing and budgeting PART 3 DESIGNING AND IMPLEMENTING COMPLIANCE ASSURANCE PROGRAMMES.............................................................................................................179 Chapter 3.1 Profi ling the regulated community Chapter 3.2 Preventative compliance assurance through communication Chapter 3.3 Compliance monitoring and the use of different types of inspection Chapter 3.4 Inspection priorities, frequency and regulatory effort assessment Chapter 3.5 Operators’ self-monitoring programmes Chapter 3.6 Enforcement actions and remedies Chapter 3.7 Performance management PART 4 CONDUCTING ON-SITE VISITS................................................................................307 Chapter 4.1 Critical points in organising on-site visits Chapter 4.2 Preparation of an on-site visit Chapter 4.3 Conducting the on-site visit Chapter 4.4 Evidence: Theory and practice Chapter 4.5 Personal communication as an inspector’s tool Chapter 4.6 Basic sampling procedures Chapter 4.7 Inspection report and follow-up 5 ACRONYMS BAT Best Available Technique BERCEN Balkan Environmental Regulatory Compliance and Enforcement Network BREF BAT reference document EECCA Eastern Europe, Caucasus and Central Asia EIA Environmental Impact Assessment ELV Emission (Effl uent) Limit Value EMS Environmental Management System IMPEL EU Network for the Implementation and Enforcement of Environmental Law INECE International Network for Environmental Compliance and Enforcement EPA Environment Protection Agency EU European Union IPPC Integrated Pollution Prevention and Control ISO International Standards Organisation NGO Non-governmental Organization OECD Organisation for Economic Cooperation and Development PRTR Pollution Release and Transfer Registry RIA Regulatory Impact Analysis T11 Table of Eleven UNECE United Nations Economic Commission for Europe UNEP United Nations Environment Programme USAID United States Agency for International Development USEPA United States Environment Protection Agency VOC Volatile Organic Compounds VROM Netherlands Ministry of Housing, Spatial Planning and the Environment WHO World Health Organization 6 INTRODUCTION Purpose
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