2002-2003 Oags Studies of the Authorities Efford to Clean up Polluted
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The Office of the Auditor General of Norway Document no. 3:6 (2002–2003) The Office of the Auditor General’s study of the authorities’ efforts to clean up polluted ground and sediments caused by polluting activities in bygone years 1 TO THE STORTING (NORWAY´S PARLIAMENT) The Office of the Auditor General hereby submits Document no. 3:6 (2002–2003), the Office of the Auditor General´s study of the authorities´ efforts to clean up polluted grounds and sediments caused by polluting activities in bygone years. Office of the Auditor General, 17 December 2002 For the Board of the Auditors General Bjarne Mørk-Eidem Auditor General 2 Table of Contents Page 1. INTRODUCTION 5 2. SUMMARY OF THE STUDY 7 2.1 Goal attainment and reporting 7 2.2 The use of policy instruments 9 2.3 The authorities’ allocation of responsibility 10 3. THE MINISTRY OF THE ENVIRONMENT’S COMMENTS 11 4. THE OFFICE OF THE AUDITOR GENERAL’S OBSERVATIONS 14 5. THE MINISTRY OF THE ENVIRONMENT’S RESPONSE 15 6. THE OFFICE OF THE AUDITOR GENERAL’S STATEMENT 18 3 The Ministry of the Environment The Office of the Auditor General’s study of the authorities’ efforts to clean up polluted ground and sediments caused by polluting activities in bygone years 1 INTRODUCTION Based on the Norwegian Storting’s consideration of Proposition no. 111 (1988–89) to the Storting on further measures to deal with hazardous waste, the Norwegian Pollution Control Authority (SFT) presented a detailed action plan in 1992 for the cleanup of landfills with hazardous waste, polluted ground and polluted sediments (SFT report 92:32). The main objective of the plan was to reduce to a minimum by the year 2000 the risk of serious pollution problems resulting from the incorrect disposal of hazardous waste in bygone years. The level of ambition and the objectives were later changed in both 1996 and 1999. The area proved to be more extensive and complex than the authorities had previously presumed.1 At the same time, the government announced new efforts to clean up polluted ground and sediments. The target date for completing the most serious cases and for clarifying the majority of the sites that require investigation is still the end of 2005. The purpose of this performance audit has been to assess the authorities’ endeavours with regard to the cleanup of polluted ground and sediments caused by polluting activities in bygone years. In Proposition no. 1 (1996–97) to the Storting, the Ministry of the Environment estimated the total cost of the cleanup of polluted ground and sediments at around NOK 2–3 billion. It was estimated that the Norwegian government is directly responsible for about 10% of the pollution and the costs of cleaning it up, i.e. NOK 200–300 million. In a more recent report, the total expenses for the cleanup of polluted sediments are assessed at NOK 25 billion.2 1 Cf. Proposition no. 1 (1996–97) to the Storting The Ministry of the Environment, and Proposition no. 1 (1999–2000) to the Storting The Ministry of the Environment. 2 SFT rapport 1774/2000 Miljøgifter i norske fjorder (SFT report 1774/2000 Hazardous substances in Norwegian fjords). 5 The accuracy of the cost estimate is extremely doubtful. Much of the cleanup work remains to be done, and the expenses incurred by the government in this area are also likely to be higher than previously assessed.3 The Office of the Auditor General’s report from the study is attached as a printed appendix. The draft of the report was submitted to the Ministry of the Environment in a letter dated 4 July 2002. The Ministry has made a statement about the matters addressed, and comments from the Ministry have largely been taken into consideration in the compilation of the final report. The Ministry’s comments on the Office of the Auditor General’s evaluations are given in section 3. 3 SFT rapport 1774/2000 Miljøgifter i norske fjorder (SFT report 1774/2000 Hazardous substances in Norwegian fjords). 6 2 SUMMARY OF THE STUDY The Office of the Auditor General’s study has been based on parliamentary documentation, reports, case files and current Acts and regulations concerning pollution. In addition, interviews have been held with the Ministry of the Environment, the Norwegian Pollution Control Authority (SFT), the Norwegian Defence Construction Service (NODCS), NSB AS (formerly the Norwegian State Railways) and the Norwegian Food Control Authority (SNT). The Office of the Auditor General has reviewed the 151 cases of pollution from activities in bygone years that the authorities have given the highest priority and which represent the most serious sources of pollution. In the review of each case, the Office of the Auditor General has been assisted by NET AS (Norwegian Environmental Technology AS). Professor Hans Chr. Bugge has provided advice and guidance in the compilation of the report. 2.1 Goal attainment and reporting The environmental protection authorities have surveyed and registered a total of 3,390 sites with polluted ground. The surveys show that many of the sites are situated near the coast, where a river and/or a fjord are the main recipient. This particularly applies to the sites that are most severely polluted. SFT has ranked the sites in relation to the impacts on the surrounding environment with regard to vulnerability, user interests and the potential for the spread of pollution. The sites are divided into five ranks. Those ranked as the most serious need immediate investigation or action, and these have been allocated rank 1 or rank 2*. For these sites there is reliable information concerning the disposal of hazardous waste or leakages of hazardous chemicals. The sites with well-founded suspicion of hazardous waste and/or hazardous chemicals in the ground are placed in rank 2. Rank 3 contains the sites that are less polluted but where studies are required in the event of altered use of land or recipient. For sites allocated rank 4, no basis has been found to show that hazardous waste has been deposited there or that any leakage of hazardous chemicals has occurred that will have a significant impact on the surroundings. As of September 2001, 151 sites have been allocated rank 1 or rank 2* by SFT. 7 The Office of the Auditor General’s review of the cases has revealed examples that will presumably be impossible to complete before the end of 2005. This means that there is a risk that the current objective of the environmental protection authorities will not be fulfilled. Among other things, the study shows that there are still landfills that are in active use and landfills that will be monitored for a considerable time in the future (up to 30 years). The study also reveals that 24 sites have been investigated since 1992.4 The fact that cases have been investigated for ten years may indicate that they are complicated, either with regard to who is responsible or to the remedial measures that are required. Taking into consideration the amount of time it has taken so far to complete cases, questions can be raised as to whether it will be possible to complete the most serious cases by the end of 2005. According to the Norwegian Pollution Control Authority (SFT), a site that includes a landfill in active use can be registered as completed in the landfill database if the operation of the landfill takes place under safe conditions and if there is no uncontrolled run-off. At 34 of the 63 completed sites, no or limited measures have been taken. In this context, it must be pointed out that a site will constitute a potential pollution risk as long as the pollution at the site has not been properly cleaned up or it is a landfill in operation, and that the site will require monitoring by the environmental protection authorities even though the case is registered as completed. The environmental protection authorities define “completed” as the administrative procedures being completed because measures have been taken in accordance with the requirements from SFT, entailing that the role of the environmental protection authorities has been terminated. According to the Ministry, it is a normal procedure for SFT to have a final report from the project and to assess whether the status is satisfactory before they consider their processing of the case to be concluded. The Office of the Auditor General’s study has revealed examples of cases that have been registered as “completed” in the landfill database, but where the authorities’ requirements with regard to cleanup have not been fulfilled. Nonetheless, completed sites are reported to the Storting as if the pollution problems have been solved. A cleanup of the sites where there is a risk of pollution has been planned since the beginning of the 1990s. In the period 1989–1991, the Geological Survey of Norway (NGU), on commission from SFT, conducted a 4 Two of the cases with the status “under study” in 1992 have been completed, but have now been reopened. 8 nationwide survey of landfills and industrial sites polluted by hazardous waste. As many as 2,452 such sites were registered, and the existence of hazardous waste was proven or suspected at 1,742 of these sites. As of 1999, the number of registered sites had increased to 3,390. There are still polluted areas that have not been surveyed, particularly with regard to polluted sediments. The Ministry of the Environment uses areas with warnings against the consumption of fish and shellfish as indicators of sediment pollution. In this connection it is important to point out that the coast from and including Hordaland to and including Nord-Trøndelag has yet to be covered in the survey that forms the basis for the introduction of warnings against the consumption of fish and shellfish.