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Brussels Institute for the Management of the Environment

Brussels Institute for the Management of the Environment. The Brussels Inspectorate. Jean-Pierre Janssens Director Head of division Inspection & Patrimonium. Tel 02/ 775 75 01 Fax 02/ 775 75 05 www.ibgebim.be. Gulledelle 100 1200 Brussels BELGIUM. The Brussels Capital-Region.

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Brussels Institute for the Management of the Environment

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  1. Brussels Institute for the Management of the Environment The Brussels Inspectorate Jean-Pierre Janssens Director Head of division Inspection & Patrimonium • Tel 02/ 775 75 01 • Fax 02/ 775 75 05 • www.ibgebim.be • Gulledelle 100 • 1200 Brussels • BELGIUM

  2. The Brussels Capital-Region 19 municipalities 1 000 000 inhabitants 161,4 sq km  6 000 inhab / sq km 23 489 enterprises 390 000 workers 20% industrial sector 80% tertial sector 80% employment less than 10 people Conclusion : small and mediumsized entreprises integrated in the city life

  3. Tasks of Inspection Body Action / Sector INSPECTION  Waste  Water pollution  Air pollution  Noise - vibration problems  Soil pollution  Nature problems  Energy problems  Dangerous products  Safety (public) Responsible for surveillance and control of all the environmentalregulations in the Brussels Capital Region

  4. Role of the Inspection Body in the integrated Environmental Approach Evaluation “Evaluating the state ofthe Environment” Regulatorymonitoring Decidingwhat to do noise &vibrations Monitoringof environmentalquality soil nature BIME Planning waste water air Planning how to do it? Doing it - Legislation - Permitting - Inspection

  5. EUROPE 1997 European Parliament Resolution: • Stressed the importance of environmental inspections • Noted the existence of different systems and practices of environmental inspection in Member States • Proposed that they should not be replaced by a system of inspection at community level • Should retain the responsibility of the MS • But need for guidelines to ensure an even practical application and enforcement of environmental legislation 4 april 2001 Recommendation of European Parliament and of Council • on minimum criteria to apply on the so-called IPPC installations (directive 96/61/EC)

  6. Usefulness of Inspections According to the European Commission : « The existence of inspection systems and the genuine execution of inspections have a deterrence effect vis-à-vis infringements of environmental legislation because they enable the authorities to detect infringements and to enforce environmental legislation by means of sanctions or other environmental instruments; consequently, inspections are an indispensable link throughout the legislation and they are an effective instrument for guaranteeing the compliance and uniform maintenance of the environmental legislation and for avoiding unfair competition »

  7. Importance of Enforcement People do not automatically comply with rules and regulations  *Enforcement ensures fairness * Enforcement is essential - to protect public health - and improving environmental quality * Enforcement is necessary for credibility of the government * Enforcement reduces costs you need enforcement to achieve compliance

  8. Scope of the recommendations EUROPE • The organising and carrying out of inspections Examples : - be planned in advance - inspection should both check and promote compliance • The following up - regular reports on inspections and site visits • Publishing of the results of such tasks - reports open to the public - report to Commission • Organisation of the inspection body - division of responsibilities between authorisation and inspectorate services

  9. definition of inspection of the environment • Encourage the respect for environmental legislation • Control the respect for environmental legislation • React in a repressive way when refusing to comply with environmental legislation

  10. Our way - definition of our inspection philosophy - Not only Compliance checking but also Compliance promoting  = providing technical assistance to encourage voluntary compliance = developing mutually agreeable schedules and approaches for achieving compliance How to achieve? - by using administrative law enforcement instruments - by using criminal law enforcement (information of public prosecutor)

  11. Quality of Inspection • Performance of the Inspection body • Quality of the Inspector • Quality of the Inspection (site visit) • Depends also on : • the enforceability of the environmental legislation • the enforceability of the permit (and have to stand in court if necessary) • the regulations must not require the impossible; clear and practical •  compliance with regulations must be achievable (technical feasible)

  12. Role of the Inspection-Body (1) To produce an Inspection plan Impossible to continuously check for compliance with every requirement at every facility Challenging aspect to develop strategies to make the most effective use of available resources Priority setting by systematic approach based on polluting capability or risk caused by an installation  strategies  systematic approach

  13. Inspection Plan (1) – influencing factors - NOT ONLY CHECKING COMPLIANCE  Change behaviorand technical assistance C H E C K I N G S Never enough means to assure an annual inspection of every inst. High number of: - installations /activities - diversity >  LEGISLATION IN EVOLUTION • new tasks • new standards NO UNIQUE OPERATION Strategy of efficient and effectiveuse of means • environmental reputation

  14. Inspection Plan(2) - scope and period - In earlier days: no uniform approach ofall operators no integral vision without taking in account other actors (municipalities) to 1 year Choices for strategic planning restricted to our division Today : Planning of Inspections : Regional & a 5 year plan Memorandums of understanding with municipalities

  15. Inspection Plan (3) – example -

  16. Role of the Inspection-Body (2) To produce this inspection plan: • we developed an accessible database of all industrial installations • we developed a database covering all delivered environmental permits • We developed a methodology to prioritize our inspections (mathematical approach) • we developed a database for the daily follow-up of the inspection files/ statistics • we standardized practices • definition of different kinds of inspection (+ minimum requirements); • on site inspection methodology (procedures) ; • arrangements on follow-up of on site visits ; • report content of site visits ; • We developed an administrative fine system • we organized regular meetings to influence the public prosecutor in their decision on whether to prosecute or not

  17. The inspector • We put in place a team of environmental inspectors (≠ specializations) and we put in place a multi-disciplinary training program • To increase technical knowledge we developed instruments to help the inspector by organizing his work: For ex. for the site inspection : (covers compliance checking and promotion) so we developed an administrative& technical check list we trained the inspector to encourage dialogue towards the owner of the plant

  18. Types of Inspections (1) - routine inspections (mostly before or after obtaining a permit) - program based inspection (plan) (systematic control of all companies in a geographic area or in an economic sector Preventive (60 - 70 %) Sometimes : (only one environmental aspect is checked) SPECIFIC INSPECTION Mostly : INTEGRATED INSPECTION announced via self monitoring data • with on site visit - without on site visit • mostly not announced via external experts (contracted by operator or by inspectorate)

  19. Types of Inspections (2) (30 - 40 %) Reactive enforcement In response to complaints or incidents = mostly a specific inspection = inspection with on site visit

  20. Quality of the Inspections (2) Depends on • timing of the planned inspections • correctness and accuracy of the inspection • time needed to carry out the inspection • efficiency of the on site visit • consistancy and quality of the inspection report • clear and proper communication about the on site visit and the related enforcement action

  21. Organisation of an IPPC site inspection Directive IPPC, art 1,4,5,9,12, 13 List of IPPC companies new IPPC companies Annual program min criteria: Eur Parl and Council sect 2 §1 • The inspection file has to contain: • The environmental permit of the IPPC • A contact inside the company • Pertinent antecedent info • (application/ complaints/ self control data) • Certificates (of maintenances of electr install, …, of collected waste) • -notifications of the licensee •  these files need integrated control • but the  important issues may be treated separately / thoroughly open file Inspector -preparation of file -verification of admin data and DB water-tax dossier dossier file Description of IPPC company

  22. No Yes No Yes Yes No Directive IPPC, art 14,18 • The first inspection: • Prioritizing the inspections to realize in the factory • Evaluation of the companies intern control-system • Inventory of the installations in the environmental permit • (extension or modification necessary?) • Verification of the conditions of the environmental permit -screening & sampling of the relevant emissions • Dialogue about the infringements -> time table to solve them • Sensibilisation to change the licensees behaviour Site visit with licensee ? Contact for appointment (14d) TEL/ LET/… min criteria: Eur Parl and Councilsect 5 §1,2,3 Site visit VIS REP Intranet BIME Inspector Redaction of visit-report (14d deadline) REP Inspector Redaction public RAP (60d deadline) Open file violation ? Copy of part of visit REP for the licensee (letter of conclusion) min criteria: Eur Parl and Councilsect 6 §1,2 urgent actions ? Site visit

  23. warning Complete register DB water and air Inspector Copy of part of visit REP for licensee(letter of conclusion) Redaction of visit-report and of violations warning based on visit/ admin data Planning of actions + deadlines REP REP Prosecution report Inspector min criteria: Eur Parl and Councilsect 6 §1,2 Intranet BIME Redaction public report other visits No min criteria: Eur Parl and Councilsect 6 §2+sect7,§2 conform ? Yes Close off file

  24. Our Inspection Strategy PREVENTION = dialogue = motivate = convince REPRESSION  (prosecution) Final purpose • to mitigate and avoid accidents or incidents • to make licensee CONSCIOUS of environmental problems • CHANGE OF MENTALITY of licensee by promoting of compliance by means of auto discipline auto surveillance To fight against pollution at the source in stead of at the “end of pipe”

  25. How does the BIME inspect ? Establishment of infringement Small infringement Urgent situations Other cases oral order(warning) immediatemeasures written warning + eventually [reminder] Suspension/abrogation/modification of license proposal to competentauthority prosecution report Public prosecutor Other measures : (administrative measures) - stopping activity/ installation - (temporary closure) administrative fine

  26. Put in place administrative, legal and technical procedures Realisation of different audits: Impel – minimum criteria inspections on site technical inspection work Work- Program Conditions of the environmental permit + modernisation of the permit existing procedures Inspection Link autorisation-inspection Professionnalisation (1)

  27. Professionnalisation (2) • Reflections on the indicators of performance • Reflections about prioritisation of inspections (plan of inspection) • Reflections on the integration of e-governance in the treatment of files (complaints, permits, …) • Reflections on how to better ‘sell’ our inspection system and on how to improve the efficacity regarding the message we’re giving (written/oraly)

  28. Continuous improvement Inspection quality continuousimprovement SustainableInspection plan do act check borging time - “audit” minimal annual inspection program- “audit” permits & inspection procedure IPPC-installations- “audit” distance to Iso9002 qualification certificate

  29. INSPECTION: Figures • annually 4000 inspection visits:  45 % no violations  50 % some interventions  5 % prosecution reports (2 % administrative fines) • Since the start: • ± 1500 official reports • ± 600 administrative fines • > 1 000 000 euro’s administrative fines

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