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1 VALENCIA 25-28 FEBRUARY 2008 STUDY VISIT ON BEST PRACTICES STUDY VISIT ON BEST PRACTICES IN WASTE MANAGEMENT IN WASTE MANAGEMENT INFRA 25822 VALENCIA 25-28 FEBRUARY 2008 Waste Inspections
1VALENCIA 25-28 FEBRUARY 2008
STUDY VISIT ON BEST PRACTICES STUDY VISIT ON BEST PRACTICES IN WASTE MANAGEMENTIN WASTE MANAGEMENT
INFRA 25822VALENCIA 25-28 FEBRUARY 2008
Waste Inspections
2VALENCIA 25-28 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
3VALENCIA 25-28 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
4VALENCIA 25-28 FEBRUARY 2008
SEPRONAEnvironmental 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
5VALENCIA 25-28 FEBRUARY 2008
Infractions
Of the provisions set out in Act 10/1998 and Act 10/2000
Serious InfractionSerious damage to environment
caused by the activity
Major InfractionMajor damage to environment
caused by the activity
Minor InfractionMinor damage to environment
caused by the activity
6VALENCIA 25-28 FEBRUARY 2008
Sanctions
Inspection Area Inspection Area imposes sanctions on infractions
Serious Infraction30.050,61 € - 1.202.024,21 €
(HW) 300.506,06 € -1.202.024,21 €
Major Infraction601,02 € - 30.050,61 €
(HW) 6.010,13 € - 300.506,05 €
Minor InfractionUp to 601,01 €
(HW) Up to 6.010,12 €
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Other considerations about Sanctions
Sanctions will take into account:Sanctions will take into account:
Resposibles circumstances, Degree of blame, Reiteration and Profit from the infraction and
Damages to Environment and Health
Infractors:Infractors:
Must replace or restore all damages in order to return to previous state
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RECOMMENDATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 4 April 2001providing 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
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It is important to have a Recommendation exclusively focused to inspection issuesinspection issues,
other specific regulations must include the general principles to promote compliance
Inspection Criteria
Priorities in Inspection plans must be based on the level of risk level of risk of installations
It is necessary to deal with industrial facilities taking into account Natura 2000 taking into account Natura 2000
sites
10VALENCIA 25-28 FEBRUARY 2008
A EuropeanEuropean Environmental Inspection Environmental Inspection NetworkNetwork, including an alert information
system, must be established by by regulation regulation
Inspection Criteria
Unify concepts Unify concepts and definitionsdefinitions in all the European regulations should be made in
order to harmonize them
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Sanctionary Procedure
Establishes dutiesduties for civil servants when
proceeding against a non-compliancenon-compliance: Inform
inspected company, confidentiality,...
Establishes citizens (and companies) rights rights versus
administrative proceedings: Information, being
always heard, presenting allegations at any
moment,...
Administrative Proceedings Administrative Proceedings General Law:
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Sanctionary Proceeding
Inspection Inspection Body
Sanctionary Sanctionary
ProceedingProceeding
Resolution Resolution
No evidence or Sanction and
Infractor’s Restore Damage Duty
DGEQ Report
Concerned people
AllegationsControl and monitoring
Inspection Body Even make unfit for the activity – definitive
temporaly or definitely
CRIMINAL COURT In case of evidence
VALENCIA 25-28 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
• 56.000 l –in containers- infectious sanitary waste EWL 180103*• Waste transported without special conditions
Study Case
14VALENCIA 25-28 FEBRUARY 2008
2. EI requests for information to DGCC
NOTIFIER is authorized -nº PT 00XXXX- in accordance with Regulation 259/93/CEE to transport 250.000 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
15VALENCIA 25-28 FEBRUARY 2008
3. Non compliances detected
NotifierNotifier Not shipment notification to C.A. destiny < 3 days
Transporter is not the one included in the authorisation
TransporterTransporter Is not authorised to transport infectious sanitary waste
To transport ISW must comply with Act 240/1994
DestinyDestiny Not reception notification to C.A. destiny < 3 days
Not disposal certificate although is on time yet < 180 days
Study Case
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Study Case
Resolution and sanctions
Resolution signed by Regional Minister
NotifierNotifier15.000 €
TransporterTransporter15.000 €
DestinyDestiny15.000 €
6 months of temporary shut down of the plant without waste management authorisation
