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STUDY VISIT ON BEST PRACTICES IN WASTE MANAGEMENT INFRA 25822 VALENCIA 25-28 FEBRUARY 2008

STUDY VISIT ON BEST PRACTICES IN WASTE MANAGEMENT INFRA 25822 VALENCIA 25-28 FEBRUARY 2008. Waste Inspections. Regional Ministry of Environment, Water, Urbanism and Housing. Secretary General Environment, Water, Urbanism and Housing. Undersecretary General (Administrative functions).

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STUDY VISIT ON BEST PRACTICES IN WASTE MANAGEMENT INFRA 25822 VALENCIA 25-28 FEBRUARY 2008

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  1. STUDY VISIT ON BEST PRACTICES IN WASTE MANAGEMENT INFRA 25822 VALENCIA 25-28 FEBRUARY 2008 Waste Inspections VALENCIA 25-28 FEBRUARY 2008

  2. Regional Ministry of Environment, Water, Urbanism and Housing Secretary General Environment, Water, Urbanism and Housing Undersecretary General (Administrative functions) DG Zoning DG Housing and Urban Projects Environmental Inspectorate DG Water DG Landscape DG Climate Change Colaboration WM Inspeccions DG Natural Environment Management VALENCIA 25-28 FEBRUARY 2008

  3. WS Enforcement Bodies in VC WS Authorizations, Notifications, Control and Monitoring of Waste Management Activities and Waste generation Activities. Policy Maker. DGCC WASTE AREA Enforcement and Inspection Body Procedure of Punishing Proceeding on WS and other Environmental Infractions. Inspection Plans and Control and Monitoring of Infractions. ENVIRONMENTAL INSPECTORATE VALENCIA 25-28 FEBRUARY 2008

  4. WS Inspection Bodies in VC Environmental wing of the Civil Guard, which is a Spanish police force with both military and civilian functions SEPRONA VC POLICE Environmental wing of the Autonomous Police with civilian functions INSPECTORS Public Servants from the Environmental Inspectorate Area and DGEQ VALENCIA 25-28 FEBRUARY 2008

  5. Infractions Of the provisions set out in Act 10/1998 and Act 10/2000 Serious damage to environment caused by the activity Serious Infraction Major damage to environment caused by the activity Major Infraction Minor damage to environment caused by the activity Minor Infraction VALENCIA 25-28 FEBRUARY 2008

  6. Sanctions InspectionAreaimposessanctionsoninfractions 30.050,61 € - 1.202.024,21 € (HW) 300.506,06 € -1.202.024,21 € Serious Infraction 601,02 € - 30.050,61 € (HW) 6.010,13 € - 300.506,05 € Major Infraction • Up to 601,01 € • (HW) Up to 6.010,12 € Minor Infraction VALENCIA 25-28 FEBRUARY 2008

  7. Other considerations about Sanctions Sanctionswilltakeintoaccount: Resposiblescircumstances, Degree of blame, Reiteration and Profitfromtheinfraction and DamagestoEnvironment and Health Infractors: Mustreplaceorrestorealldamages in ordertoreturntopreviousstate VALENCIA 25-28 FEBRUARY 2008

  8. Inspection Criteria 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- VALENCIA 25-28 FEBRUARY 2008

  9. Inspection Criteria It is important to have a Recommendation exclusively focused to inspection issues, other specific regulations must include the general principles to promote compliance Priorities in Inspection plans must be based on the level of risk of installations It is necessary to deal with industrial facilities taking into account Natura 2000 sites VALENCIA 25-28 FEBRUARY 2008

  10. Inspection Criteria Unify concepts and definitions in all the European regulations should be made in order to harmonize them A EuropeanEnvironmental Inspection Network, including an alert information system, must be established by regulation VALENCIA 25-28 FEBRUARY 2008

  11. Sanctionary Procedure Administrative Proceedings General Law: • Establishes duties for civil servants when proceeding against a non-compliance: Inform inspected company, confidentiality,... • Establishes citizens (and companies) rights versus administrative proceedings: Information, being always heard, presenting allegations at any moment,... VALENCIA 25-28 FEBRUARY 2008

  12. Sanctionary Proceeding Inspection Inspection Body Sanctionary Proceeding DGEQ Report ConcernedpeopleAllegations Resolution No evidenceorSanction and Infractor’sRestoreDamageDuty Even make unfit for the activity – definitive temporaly or definitely Control and monitoring Inspection Body CRIMINAL COURT In case of evidence VALENCIA 25-28 FEBRUARY 2008

  13. Study Case 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 • 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 VALENCIA 25-28 FEBRUARY 2008

  14. Study Case 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. VALENCIA 25-28 FEBRUARY 2008

  15. Study Case 3. Non compliances detected • Notifier • Notshipmentnotificationto C.A. destiny < 3 days • Transporterisnottheoneincluded in theauthorisation • Transporter • Isnotauthorisedtotransportinfectioussanitarywaste • Totransport ISW mustcomplywithAct 240/1994 • Destiny • Notreceptionnotificationto C.A. destiny < 3 days • Notdisposalcertificatealthoughison time yet < 180 days VALENCIA 25-28 FEBRUARY 2008

  16. Study Case Resolution and sanctions Resolutionsignedby Regional Minister Notifier 15.000 € Transporter 15.000 € Destiny 15.000 € 6 months of temporaryshutdown of theplant withoutwastemanagementauthorisation VALENCIA 25-28 FEBRUARY 2008

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