Krzysztof Wójcik – Regional Inspectorate for Environmental Protection in Lodz

1. A Polish system for suspension of environmental penalties as a mechanism promoting environmental investments Krzysztof Wójcik – RegionalInspectorate for EnvironmentalProtection in Lodz Malta 2013 – 1 – 4 October

2. Environmentalpenalties in Poland • Fines (given by environmentalinspectors) -maximum of about 250 euro or 1250 euro ifimposed by a court; • Financial administrativepenalties (imposed by regionalinspectorates) – evenseveralthousands of euro; • Otheradministrativepenalties (such as halting of installationsimposed by regionalinspectorates).

3. Environmentalpenalties in Poland • Fines: minor infringements of environmental law; • Imposed by aninspectoror by a court; • Ifimposed by aninspector – no possibility of avoidance.

4. Environmentalpenalties in Poland • Otheradministrativepenalties – halting of aninstallation; • Seriousinfringements, e.g.: • operatingwithoutanenvironmentalpermit, • operatingthatcauses a threat to the environment orhumanhealth.

5. Environmentalpenalties in Poland • Financial administrativepenalties; • Generally - imposed for excessiveemissions (thanemission limit valuesstated in environmentalpermits); • Obligatory (aninspectoratehas no possibility to dissent from them); • Administrativeprocedure – possibleappeal from a decision of a regionalinspectorate to the ChiefInspectorate and even to anadministrativecourt;

6. Financial administrativepenalties - examples • Supposethat ELV for emission of dustis 88 kg/ hour; • Aninstallationemits 100 kg/hourwhichisconfirmed by monitoring; • They emit 12 kg over the limit and operateallday for about 220 days per year; • It meanstheyhave to pay 0,14 euro x 12 kg x 220 whichis 369 euro per year.

7. Financial administrativepenalties - examples Emission of noise above 6 decibels of the Polish standard during nights means that an operator is to pay about 35 euro per day – if it operates 200 working days per year, the penalty reaches 7 000 euro.

8. Financial administrativepenalties - examples • Therewerehugepenaltiesimposed in the 90’s and at the beginning of XXI century on sewagetreatmentplantsthatweresuspended and not payedatall(evenseveralhundreds of euro). • Thisisbecause of a suspension mechanism in the Polishenvironmental law.

9. Financial administrativepenalties - suspension • Ifan operator applyto itsregionalinspectoratewith an application in which he/she obliges himself/herself to modernise the installation in such a way it will no longer break the emission limit values, payment of the penalty will be suspended for a maximum period of 5 years.

10. Financial administrativepenalties - suspension • After that period, if standards are not broken, the penalty is lowered by deduction from its total amount the amount of money spent for modernisation. It also means that there might be no penalty at all – if the amount of money spent for modernisation is higher than the amount of penalty. • If an operator does not realisemodernisation on time, he/she has to pay the total amount of the penalty + official interest rates.

11. Financial administrativepenalties - summary • In 2012: • RegionalInspectorate for EnvironmentalProtection in Lodzimposed 104 financialpenalties of the totalamountabout 833 000 euro; • 6 penaltiesweresuspended of the totalamount 592 000 euro – most of the sum for one sewagetreatment plant in a city of Piotrkow.

12. Financial administrativepenalties - summary • Is the system fair? • One of commentsheard in a radio: „theypollutedheavily and theywillpaynothing”; • It promotes environmental investment – all in all the target is to be in line with ELVs; • The money from penaltiesareredistributed for accounts of Polishfunds of environmentalprotection and water management and thanks to iteven a single homeownermaybuysolarpannels for itshouse.

13. Thankyou for attention Krzysztof.wojcik@wios.lodz.pl