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Report of the Executive Workshop on Environmental

Compliance & Enforcement held at the Kenya School of 

Monetary Studies, Nairobi, Kenya from 3-5 May, 2010.

East African Network for Environmental Compliance & Enforcement (EANECE)

www.inece.org/eanece/

EANECE 

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REPORT OF THE EXECUTIVE WORKSHOP ON ENVIRONMENTAL COMPLIANCE &

ENFORCEMENT HELD ON 3RD  – 5TH MAY, 2010  AT THE KENYA SCHOOL OF

MONETARY STUDIES, NAIROBI, KENYA.

1.0 IntroductionOn 6-7 May, 2010, delegates from the East African nations of Kenya, Uganda, Tanzania,

Rwanda and Burundi, along with environmental compliance and enforcement experts from the

international community, gathered in Nairobi, Kenya, for the Launching Conference of the East

African Network for Environmental Compliance and Enforcement (EANECE).The conference

was preceded by three days of capacity building workshops from 3-5 May, 2010 on:

  Principles of Environmental Compliance and Enforcement. 

  Conducting Environmental Compliance Inspections. 

  Developing Performance Measures for Environmental Compliance and Enforcement Programs. 

On behalf of all the EANECE members and the participants to the workshop, the EANECESecretariat extends its sincere gratitude to the US Environmental Protection Agency (EPA), the

INECE Secretariat, USAID Kenya and the National Environment Management Authority

(NEMA-Kenya) for partnering with EANECE to ensure the success of the workshop. The

knowledge and skills gained during the training will for sure enhance the capacity of the

participants and their institution for better enforcement of environmental requirements. This

report gives a brief overview of the topics covered and the outcomes of the capacity building

workshops.

Participants at the EANECE Capacity building workshop on 3-5 May, 2010 

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2.0 Workshop on Principles of Environmental Compliance and Enforcement,

3rd May, 2010.

 Facilitators:  Davis Jones – US EPA

  Chris Denley – EPS (Danida)

  Gerry Opondo – EANECE

Mr. Davis Jones, an environmental compliance and enforcement expert from the US Environmental

Protection Agency (EPA) was the lead facilitator for this course assisted by Mr. Chris Denley and Mr.

Gerry Opondo. The session began with a lecture outlining a brief overview of the course. Mr. Jones

explained the basic principles needed to develop a program, which can enable a government to

effectively monitor for compliance and enforcement with the environmental requirements in any

country. These principles include:

  environmental awareness;

  goal setting;

  selection of management approaches;

  development of legal requirements;

  development of implementation strategy/program (compliance promotion, inspections,

response to violations, penalty policy); and measuring for success.

 Mr. Davis Jones delivers a lecture during the workshop 

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2.1 Introduction to case study.

The Saludia case study, which focuses on solid waste disposal problems, was used. Saludia is a

recently industrialized province that has seen rapid increases in urbanization and industrial activity.

Residents in Landville, one of the major cities, are particularly worried about severe environmental

health problems they have seen resulting from improper waste management, including air pollution

from open burning, water pollution, and other health risks.

2.2 Exercise: Designing Environmental Management ApproachesThe participants were divided into three groups. Each group then developed a management plan to

resolve Saludia’s problems. To develop the plan, the participants chose from among a list of options

for a management approach provided in the homework reading on Saludia. The groups then

discussed the different approaches in the plans. Mr. Chris Denley facilitated this session.

2.3 Exercise Writing Enforceable RequirementsThe participants worked together to develop about three legally enforceable requirements based on

the options chosen for the environmental management plans in the previous exercise. This sessionwas facilitated by the EANECE Coordinator Gerry Opondo.

2.4 Exercise: Compliance Promotion/Balancing Promotion and Enforcement First, the participants discussed possible approaches for promoting compliance with the enforceable

requirements developed in the previous exercise. Then the participants discussed how the

government authority responsible for implementing the compliance and enforcement program will

need to periodically reassess how it allocates or balances its financial and staff resources between

compliance promotion and enforcement activities.

2.5 Exercise: Monitoring ComplianceUsing the same enforceable requirements, the participants developed a scheme for monitoring the

targeted groups for compliance. Based on limited resources in Saludia, the participants also

determined the number of yearly inspections for the different targeted groups. 

2.6 Exercise: Response to ViolationsThe participants discussed possible violations of the enforceable requirements and various

enforcement responses to those violations.

2.7 Exercise: Penalty Policy

The facilitator, Davis Jones, discussed a penalty policy that included calculations based on theseverity or significance of the violation, the economic benefit of noncompliance, and various penalty

adjustment factors.

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2.8 Exercise: Evaluating Program Success

This exercise examined various numerical indicators of pollution changes in Saludia four years

after a environmental management plan went into effect. The facilitator discussed a variety of factors

that may affect the evaluation of the overall program for Saludia.

3.0 Workshop on Conducting Environmental Compliance Inspections – 4th May,

2010.

 Facilitators:

  Davis Jones – US EPA

  Chris Denley – EPS (Danida)

  Eric Njue – NEMA Police Unit

3.1 IntroductionThe introduction covered the following areas:

  the goal of environmental compliance; 

  principles of compliance and enforcement;

  compliance promotion tools; and

  the relationships in the enforcement process. 

3.2 Role(s) of the Inspector In this session the participants were taken through:

  the different types of inspections;

  the ethical considerations when conducting environmental inspections: and  the responsibilities of the environmental inspector.

3.3 Enforceability of RequirementsThis session focused on:

  translating requirements into verifiable items;

  different types of requirements;

  evaluating requirement; and

  implementation of the requirement.

3.4 Collecting EvidenceParticipants learnt:

  the different types of evidence;

  verification and documentation of evidence; and

  evidence protection and control.

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3.5 On-Site ActivitiesIn this session, participants went through:

  the various aspects of on-site activities including interaction with the company;

  access to site;

  site walk-through and visual inspection.

This was followed by a discussion of different participants’ experiences regarding inspections.

3.6 Sampling and AnalysisThe areas covered in this session included:

  planning for sampling;

  representativeness of the sample; and

  ensuring quality results.

3.7 Preventing MistakesThis session involved a group exercise to find errors in sampling. Participants then discussed how to

prevent the errors during sampling.

3.8 Documenting InspectionsParticipants learnt the various ways of documenting inspections including:

  checklist vs. narrative format;

  tips for writing the inspection report; and

  report format and content.

3.9 Enforcement ProcessThe areas covered in this session included:

  translating discovery of violation to resolution;  penalty calculation;

  negotiation and settlement;

  Court process; and

  resolution strategies.

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4.0 W orkshop on Environmental Compliance & Enforcement Indicators 5th 

 May 2010,

 Facilitators:

  Ken Markowitz – 

INECE Secretariat  Davis Jones – US EPA

4.1 Introduction

Mr. Ken Markowitz introduced the course, starting with the definition and classification of

Environmental Compliance & Enforcement (ECE) indicators.

 Mr. Ken Markowitz delivers his lecture during the workshop

4.2Benefits and Uses of ECE Indicators

This session highlighted the different questions that indicators can answer as well as the

characteristics of indicators.

4.3 Designing ECE Indicators

Participants were taken through the logical model of Identifying ECE indicators.

4.4 Using ECE Indicators

This session focused on:

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   best practices for using ECE indicators;

  challenges for the use of ECE indicators; and

  questions for program evaluation.

4.5 Examples from the United States

Participants learnt about:

  the development and use of ECE indicators at USEPA;

  what the inputs involved were ;and

  what the results have been.

4.6 Limitations to Indicators 

Participants were taken through some of the limitations that have been identified over time with

respect to ECE indicators. These include: 

  differences between environmental indicators and program management indicators; 

  limitations of their use;

  surveys and the level of confidence of the results. 

4.7 Examples of Indicators in Use in Participating Countries

In this session participants shared examples of indicators in use in their respective countries.

 L-R: EANECE Coordinator Gerry Opondo, EPS Technical Advisor Chris Denley and 

 INECE Deputy Director Ken Markowitz follow proceedings during the workshop. 

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 Ms. Lyria Ariella Dushime from Burundi receives her certificate of attendance from USEPA's Davis Jones.