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Brussels Institute for the Management of the Environment

Jean-Pierre Janssens

Director

Head of division Inspection & Patrimonium

Tel 02/ 775 75 01 Fax 02/ 775 75 05

www.ibgebim.be

The Brussels Inspectorate

Gulledelle 100 1200 Brussels BELGIUM

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Conclusion : small and medium sized entreprises integrated in the city life

The Brussels Capital-Region

19 municipalities

1 000 000 inhabitants

161,4 sq km

6 000 inhab / sq km

23 489 enterprises 390 000 workers20% industrial sector80% tertial sector80% employment less than 10 people

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Tasks of Inspection Body

Action / Sector

Waste

Water pollution

Air pollution

Noise - vibration problems

Soil pollution

Nature problems

Energy problems

Dangerous products

Safety (public)

INSPECTION

Responsible for surveillance and control of all the environmentalregulations in the Brussels Capital Region

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BIME

noise &vibrations soil

water

air

waste

natureMonitoring

of environmentalquality

“Evaluating the state ofthe Environment”

Decidingwhat to do

Planning how to do it?

Doing it

Evaluation

Planning

Regulatorymonitoring

- Legislation- Permitting- Inspection

Role of the Inspection Body in the integrated Environmental Approach

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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

EUROPE

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)

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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 »

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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

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• 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

Scope of the recommendations EUROPE

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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

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Our way- definition of our inspection philosophy -

Not only

but also

How to achieve?

Compliance checking

Compliance promoting

= providing technical assistance to encourage voluntary compliance = developing mutually agreeable schedules and approaches for achieving compliance

- by using administrative law enforcement instruments

- by using criminal law enforcement (information of public prosecutor)

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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)

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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

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NOT ONLY CHECKING COMPLIANCE

Change behaviorand technical assistance

LEGISLATION IN EVOLUTION

NO UNIQUEOPERATION

CHECKINGS

High number of: - installations /activities- diversity

- new tasks- new standards

- environmental reputation

Never enough means to assure an annual inspection of

every inst.

>

Inspection Plan (1) – influencing factors -

Strategy of efficient and effective

use of means

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to 1 yearChoices for strategic planning restricted to our division

no uniform approach ofall operators

no integral vision

without taking in account other actors (municipalities)

Planning of Inspections : Regional & a 5 year plan

Inspection Plan(2) - scope and period -

In earlier days:

Today :

Memorandums of understanding with municipalities

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Inspection Plan (3) – example -

Division Inspection – Work Program 2005

Department : Complaints and Prevention of risks

Nr Project ETP purpose Realisation Budget Remarks

+ Title short + Respons. guideline Budget art.( budget prévu )

Engaged2005

paid2005

2000045 – Gestion des plaintes

7 ETPVCA / DME

Prendre en charge les plaintes introduites à la division Inspection ( 350 )

Nbre de nlles plaintes : 234

531.03.817( 15.000 € )

BC 2003/21712

 : Engagé /

payé :16.940 € / 8.470 €

Nbre de plaintes 2005 cloturées : 67

BC 2004/22650

 : Engagé /Payé :

8.470 € / 0 €

Nbre de plaintes 2005 en cours : 167

605 € BC 2004/22649

 :Engagé /

payé :5. 082 € /

605 €

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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 practicesdefinition 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

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The inspectorWe 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

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Types of Inspections (1)

Preventive

SPECIFIC INSPECTION INTEGRATED INSPECTIONSometimes :(only one environmental aspect is checked)

Mostly :

• with on site visit- without on site visit •

- 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

announced

mostly not announced

via self monitoring data

via external experts(contracted by operator or by inspectorate)

(60 - 70 %)

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Reactive(30 - 40 %) enforcement

In response to complaints or incidents

= mostly a specific inspection

= inspection with on site visit

Types of Inspections (2)

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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

Quality of the Inspections (2)

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List of IPPC companies

new IPPCcompanies

Annual program

open file

dossierdossier

Description of IPPC company

file

Inspector

-preparation of file-verification of admin data and DB water-tax

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

min criteria: Eur Parl and Council sect 2 §1

Directive IPPC, art 1,4,5,9,12, 13

Organisation of an IPPC site inspection

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No

Yes

No

Yes

Yes

No

Site visit with licensee ?

Contact for appointment (14d)

TEL/ LET/…

Site visit VIS

violation ?

urgent actions ?

REP

REP

Intranet BIME

Open file

Inspector

Redaction public RAP (60d deadline)

Inspector Redaction of visit-report (14d deadline)

Copy of part of visit REP for the licensee (letter of conclusion)

Site visit

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

min criteria: Eur Parl and Council sect 6 §1,2

min criteria: Eur Parl and Council sect 5 §1,2,3

Directive IPPC, art 14,18

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Redaction of visit-report and of violations

warning based on visit/ admin data

Planning of actions + deadlines

Copy of part of visit REP for licensee(letter of conclusion)

Inspector

REP

Intranet BIME

REP

InspectorRedaction public report

other visits

min criteria: Eur Parl and Council sect 6 §1,2

min criteria: Eur Parl and Council sect 6 §2+sect7,§2

Yes

Close off file

conform ?No

warning

Complete register DB water and air

Prosecution report

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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”

PREVENTION

= dialogue= motivate= convince

REPRESSION

(prosecution)

Our Inspection Strategy

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Establishment of infringement

Small infringement Urgent situations Other cases

oral order(warning)

written warningimmediatemeasures

+ 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

How does the BIME inspect ?

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Professionnalisation (1)

Put in place administrative, legal and technical procedures

Realisation of different audits:

Impel – minimum criteria inspectionson site technical inspection workWork- ProgramConditions of the environmental permit + modernisation of the permitexisting procedures

InspectionLink autorisation-inspection

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•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)

Professionnalisation (2)

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- “audit” minimal annual inspection program- “audit” permits & inspection procedure IPPC-installations- “audit” distance to Iso9002 qualification certificate

time

qual

ity

borging

continuousimprovement

SustainableInspection

plan do

act check

Continuous improvement Inspection

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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

INSPECTION: Figures