1 VALENCIA FEBRUARY 2008 STUDY VISIT ON BEST PRACTICES IN WASTE MANAGEMENT INFRA VALENCIA FEBRUARY 2008 Waste Inspections

2 VALENCIA FEBRUARY 2008 Undersecretary General (Administrative functions) Secretary General Environment, Water, Urbanism and Housing Regional Ministry of Environment, Water, Urbanism and Housing DG Water DG Zoning DG Natural Environment Management DG Landscape DG Housing and Urban Projects DG Climate Change Environmental Inspectorate Colaboration WM Inspeccions

3 VALENCIA FEBRUARY 2008 ENVIRONMENTAL INSPECTORATE Enforcement and Inspection Body Procedure of Punishing Proceeding on WS and other Environmental Infractions. Inspection Plans and Control and Monitoring of Infractions. DGCC WASTE AREA WS Authorizations, Notifications, Control and Monitoring of Waste Management Activities and Waste generation Activities. Policy Maker. WS Enforcement Bodies in VC

4 VALENCIA FEBRUARY 2008 SEPRONA Environmental wing of the Civil Guard, which is a Spanish police force with both military and civilian functions VC POLICE Environmental wing of the Autonomous Police with civilian functions INSPECTORS Public Servants from the Environmental Inspectorate Area and DGEQ WS Inspection Bodies in VC

5 VALENCIA FEBRUARY 2008 Infractions Of the provisions set out in Act 10/1998 and Act 10/2000 Serious Infraction Serious damage to environment caused by the activity Major Infraction Major damage to environment caused by the activity Minor Infraction Minor damage to environment caused by the activity

6 VALENCIA FEBRUARY 2008 Sanctions Inspection Area Inspection Area imposes sanctions on infractions Serious Infraction ,61 € ,21 € (HW) ,06 € ,21 € Major Infraction 601,02 € ,61 € (HW) 6.010,13 € ,05 € Minor Infraction Up to 601,01 € (HW) Up to 6.010,12 €

7 VALENCIA FEBRUARY 2008 Other considerations about Sanctions Sanctions will take into account: Resposibles circumstances, Degree of blame, Reiteration and Profit from the infraction and Damages to Environment and Health Infractors: Must replace or restore all damages in order to return to previous state

8 VALENCIA FEBRUARY 2008 RECOMMENDATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States European Union network for the implementation and enforcement of environmental law (IMPEL) -WS not specifically included but we use it as a reference- Inspection Criteria

9 VALENCIA FEBRUARY 2008 inspection issues It is important to have a Recommendation exclusively focused to inspection issues, other specific regulations must include the general principles to promote compliance Inspection Criteria level of risk Priorities in Inspection plans must be based on the level of risk of installations taking into account Natura 2000 It is necessary to deal with industrial facilities taking into account Natura 2000 sites

10 VALENCIA FEBRUARY 2008 EuropeanEnvironmental Inspection Network by regulation A European Environmental Inspection Network, including an alert information system, must be established by regulation Inspection Criteria Unify concepts definitions Unify concepts and definitions in all the European regulations should be made in order to harmonize them

11 VALENCIA FEBRUARY 2008 Sanctionary Procedure duties non-compliance Establishes duties for civil servants when proceeding against a non-compliance: Inform inspected company, confidentiality,... rights Establishes citizens (and companies) rights versus administrative proceedings: Information, being always heard, presenting allegations at any moment,... Administrative Proceedings Administrative Proceedings General Law:

12 VALENCIA FEBRUARY 2008 Sanctionary Proceeding Inspection Inspection Body Sanctionary Proceeding Resolution No evidence or Sanction and Infractor’s Restore Damage Duty DGEQ Report Concerned people Allegations Control and monitoring Inspection Body Even make unfit for the activity – definitive temporaly or definitely CRIMINAL COURT In case of evidence

VALENCIA FEBRUARY 2008 Add documents related to WS PT 00XXXX ND stamped, signed, dated DGEQ Authorization Ministry of Environment (Portugal) Consent ND stamped, signed, dated Instituto dos Residuos 1. SEPRONA sends a report about WS to the EI A trailer from Portugal is beeing unloaded in a facility in Alicante The origin of the load is a plant in Portugal l –in containers- infectious sanitary waste EWL * Waste transported without special conditions Study Case

14 VALENCIA FEBRUARY EI requests for information to DGCC NOTIFIER is authorized -nº PT 00XXXX- in accordance with Regulation 259/93/CEE to transport Kg of infectious sanitary waste in 30 shipments to DESTINY by means TRANSPORTER, included in the notification different from SEPRONA report. Infectious sanitary waste management is regulated in VC by Act 240/1994, which lays down requirements for transport –isothermal vehicles, closed case, safety lock, waterproof and easily disinfected. Moreover, NOTIFIER must notify shipment < 3 days and DESTINY must notify reception < 3 days and must certificate of disposal < 180 days as set out in 259/93/CEE. Any of these have been notified. Study Case

15 VALENCIA FEBRUARY Non compliances detected Notifier  Not shipment notification to C.A. destiny < 3 days  Transporter is not the one included in the authorisationTransporter  Is not authorised to transport infectious sanitary waste  To transport ISW must comply with Act 240/1994Destiny  Not reception notification to C.A. destiny < 3 days  Not disposal certificate although is on time yet < 180 days Study Case

16 VALENCIA FEBRUARY 2008 Study Case Resolution and sanctions Resolution signed by Regional MinisterNotifier €Transporter Destiny 6 months of temporary shut down of the plant without waste management authorisation