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ENVIRONMENTAL INSPECTIONS – PRACTICAL HELP

ENVIRONMENTAL INSPECTIONS – PRACTICAL HELP. Leila Makhmetova , Dinara Gabdulsabit Lawyers of the « Environmental law » Department , GRATA. Act on appointment of inspection with a note of registration in legal statistics authorities. Service certificate. The approved plan of inspection.

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ENVIRONMENTAL INSPECTIONS – PRACTICAL HELP

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  1. ENVIRONMENTAL INSPECTIONS – PRACTICAL HELP Leila Makhmetova, Dinara Gabdulsabit Lawyers of the «Environmental law» Department, GRATA.

  2. Act on appointment of inspection with a note of registration in legal statistics authorities Service certificate The approved plan of inspection Permit for visiting secure facilities Medical admission (if necessary)

  3. Companies are authorized not to allow inspectors in if… Inspector did not show the documents he was to Act on appointment of inspection was not formalized in due order Terms of inspection indicated in the act have not become due or have expired Inspector who came for inspection was not indicated in the act

  4. Within the inspection:in the territory of the enterprise and within the sanitary protection area Apart from the inspection:outside the sanitary protection area. Can become a basis for appointment of inspection.

  5. Laboratory analysis Measurement of concentration of pollutants in the open air

  6. Requirements for analysis and taking of samples • СТ РК ГОСТ Р 51592-2003. Water. Common requirements for taking samples • СТ РК 1545-2006. Radiation monitoring. Taking samples of surface and waste water. Common requirements • СТ РК ИСО5667-1-2006. (ИСО 5667-1-1980, IDT) Water quality. Taking samples. Part 1. Instruction on preparation of programs on taking samples • Instruction on supervision on work of waste treatment plants and waste disposal. Approved by the decree of the Minister of environmental protection of the RK of 14.04.05. № 129-п.

  7. Acts of the laboratory analysis as well as other evidence shall be… Relevant, i.e. confirming the circumstances which are relevant to the case Admissible, i.e.gathered in accordance with the Civil procedural code or the Administrative code Credible, i.e.true

  8. Taking samples in undue place entails nonconformity of evidence the criteria of relevancy Pulp Water reservoir Sump Tailings pond Bio-ponds

  9. For calculation of the damage to the environment there shall be taken samples of waste water discharged… Into water bodies (Decree of the MEP dated 18.04.08. № 100-п) Onto broad irrigation (Decree of the MEP dated 18.04.08. № 100-п) Onto landscape (Decree of the MEP dated 18.04.08. № 100-п) Into storage facilities (Decree of the MEP dated 27.10.06. № 324-п)

  10. Taking samples of waste waters in the presence of the company’s representative Inspector shall Take samples of waste watersin the presence of the company’s representative, otherwise… The company shall provide the presence of its representative during the inspection, otherwise … Act of laboratory analysis is an inadmissible evidence (part 1 article 69 of theCivil Procedural Code) For the officials responsible– fine up to 20 MCI (part 1 article 356 of the Administrative Code)

  11. Credibility of the laboratory analysis act stays unproved, if … Containers the samples are taken in are not identified • In the act of taking samples there are not indicated: • The place of taking samples and its location • The date of taking samples • The method of taking samples • Other data necessary for achieving goals of taking samples

  12. Inspection results Prescription act on compliance with the environmental legislation of the RK Civil liability Calculation of the damage to the environment Environmental injury claim Administrative liability Administrative offence report Resolution on imposing an administrative punishment

  13. If the civil liability is implemented before the administrative… • In case the injury claim is sustained, then the court decision established: • The fact of excess of emission standards • Emission amounts • These circumstances are found proved in case of consideration of the administrative case with the participation of the same persons. (part 2 article 608 of theAdministrative Code)

  14. If the administrative liability is implemented before the civil… Circumstances established by the administrative offence decree… Is not essential for the court Can be disproved with other evidence without repeal of the decree

  15. Violations of the administrative liability application order • Untimely formalization of the administrative offence report (part 1 article 638, part 1 article 668 of theAdministrative Code) • Preparation of the administrative offence report by the person who did not participate in the inspection (part 8 article 121 of the Environmental code, part 1 article 668 of theAdministrative Code) • Taking of an improper person to the liability (part 1 article 9, article 2 of theAdministrative Code) • Incorrect calculation of amount of the fine for emissions without permit (article 243 of theAdministrative Code)

  16. THANK YOU! 39 А Gogol street, Almaty Tel. +7 7272 590 112 Fax. + 7 7272 590 198 email: info@gratanet.com www.gratanet.com

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