2009-09 - IRI Portugal - FINAL REPORT - IMPEL

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Funding IGAOT receives the following funding: Share of Government budget. The amount is estimated based on the previous year. After negotiations with IGAOT the Ministry decides how the total budget that is allocated to MAOTDR is split between its constituent organisations. • Self-funding: - Amount of fines applied . IGAOT is entitled to a certain percentage of the fine, this percentage depends on the law 3 . - Pecuniary sanctions (a fine is applied if a witness does not attend the interview notified by IGAOT during the prosecution process) - Court fees (Offending operator is obliged to pay the court costs if found guilty in a prosecution process of IGAOT). - Sale of publications and other supporting materials. - Fees calculated according to the expenditures with environmental inspections in instances where the operator has no wastewater discharge permit or if there is failure to comply with that permit. - Contracts for technical studies, technical measurements and training (given by IGAOT) - During the year it is possible that IGAOT’s budget can be reduced by the Ministry. IGAOT continues to follow its yearly Activities Plan as well as possible. The Regional Development and Coordinating Commission (CCDR) The CCDR is administratively and financially autonomous. Broadly, CCDR delivers Ministry policy related to the environment, spatial planning, regional development, urban redevelopment within its geographic remit. It provides support to local municipalities and their associations. There are 5 CCDRs covering different geographical areas. Main tasks: Licensing authority for waste management operators (only non-hazardous waste). Monitoring of atmospheric emissions of the sites (only if the monitoring is not continuous). Competences on controlling certain environmental activities: atmospheric emissions, noise, waste. 3 A percentage of the collected fine is transferred to the Environmental Intervention Fund which shall be used in case remediation of the site is necessary when a facility closes and the company has no possibility to pay for it.This fund allows a quick intervention in case of environmental damages where there is no chance of using other legal or financial tools/means.. 12
Relationship between IGAOT and CCDR IGAOT and CCDR are both direct administrations of the Ministry. Elements of their relationship are listed below: • Coordination of activities: o CCDR contributes suggested areas of activity to the IGAOT annual Activity Plan. o Complaints, there is a division of tasks between CCDR and IGAOT 4 . • Exchange of information: o IGAOT’s sends inspection reports of the companies that were suggested by the CCDR for inspection. o CCDR’s notification of non-compliance by EIA operators. • Can execute second line inspections of CCDR (administrative inspections and financial audits) 5 . River Basin Boards (ARH) In May 2007 a group of 5 River Basin Boards were created to be responsible for water management. The river basin regions are the main units for water planning and management, based on the river basin as a territorial structure. The ARH are administratively and financially autonomous. Main tasks To develop River Basin Management Plans. Monitoring (river basin water quality monitoring network). Control issues related with water. Economic and financial regime for the river basins. Licensing authority for use of river resources (including wastewater discharges etc). Register of protected areas and identification of drinking water collection areas. Coastal zone and estuaries planning. Relationship between IGAOT and ARH IGAOT and ARH are both direct administrations of the Ministry. Elements of their relationship are listed below: • Coordination of activities: o ARH contributes to the IGAOT annual activity plan. o Complaints, there is a division of tasks between ARH and IGAOT 6 . • Exchange of information: o IGAOT’s inspection reports of the companies that have been suggested by ARH. 4 When the complaint about a small facility or about a minor violation the CCDR deals with the complaint. If the complaint is about a bigger facility (IPPC and SEVESO) or if the environmental situation is serious than IGAOT takes over. 5 IGAOT has the authority to perform financial, administrative and control tasks upon CCDR 6 See note 5, with ARH the issue is focused only on water 13
Page 1 and 2: IMPEL REVIEW INITIATIVE (IRI) “A
Page 3 and 4: Number report: 2009/09 PORTUGUESE I
Page 5 and 6: 2. Introduction 2.1 The IRI Scheme
Page 7 and 8: The review team consisted of a pane
Page 9 and 10: IGAOT Environmental and Spatial Pla
Page 11: Figure 2. Structure of IGAOT Inspec
Page 15 and 16: - APA’s notification of non-compl
Page 17 and 18: industries. Inspectors are not rota
Page 19 and 20: • IGAOT also gathers information
Page 21 and 22: Changes are continuously being made
Page 23 and 24: • Emission monitoring: IGAOT does
Page 25 and 26: definitions of what is classified a
Page 27 and 28: • Confidentiality obligation. •
Page 29 and 30: APA Notification Major Accident Pre
Page 31 and 32: Part D - Site visit A site visit ca
Page 33 and 34: Defining objectives and strategies
Page 35 and 36: 5. To demonstrate a clear relations
Page 37 and 38: 5. Conclusions The review team cons
Page 39 and 40: 7. Appendices Annex 1 Terms of Refe
Page 41 and 42: 1.2. Link to MAWP and IMPEL’s rol
Page 43 and 44: 2. Structure of the project 2.1. Pa
Page 45 and 46: Travel: Provided by MS Accommodatio
Page 47 and 48: Annex 2 Division of industrial sect
Page 49 and 50: Annex 4 List of legislation IGAOT i
Page 51: Annex 6 List of items on the websit

2009-09 - IRI Portugal - FINAL REPORT - IMPEL

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