BALTIC SEAENVIRONMENT PROCEEDINGS No. 59 - Helcom

the type and volume of wastes received. This type of
information is necessary for determining the effort expended
on enforcement.
A single small reception facility receiving only Annex V
wastes will not require the same enforcement effort as a
number of reception facilities operating in several ports and
receiving all types of wastes and transporting the wastes to
several treatment plants.
The legislation should include the power for the inspector to
enter and inspect all aspects of the facility without prior
notice. However, to protect the operators of the facility, the
legislation should also include the requirements for search
warrants to collect and seize evidence. The regulatory agency
should prepare yearly inspection schedules which identify the
frequency of inspection but not necessarily the dates for
inspection during the upcoming year.
Probably the most important aspect of any compliance and
enforcement program is a clear policy statement on how the
legislation will be enforced. Many countries have such
policies and they are available on request. The policy should
describe how to handle minor offenses. If all offenses are
taken to the judicial system, it will require a significant
effort and time will be wasted. The primary purpose of
enforcement is to achieve compliance and this objective may be
best achieved when the judicial system is reserved for major
violations or repeated offenses.
Consideration should be given to a system of warnings prior to
taking court action for offenses of a minor nature. The
environmental consequences of the offence should dictate the
action taken. For example, delay of a day or two in reporting
according to the conditions of a permit may be a minor offence
and the regulatory authority could issue a verbal or written
warning to the offender. However, discharge of untreated
effluent from a treatment plant may result in significant
environmental harm and a decision to take judicial action
immediately would be justified.
Ticketing provisions, similar to parking tickets, could also
be considered in the legislation and thus the inspector could
issue a ticket for minor violations.
Each country should select an approach to enforcement and
compliance that suits the country's needs and is consistent
with national legislation. The approaches suggested here
include warnings and a system of fines to encourage illegal
activities. The fines should be large enough to be a deterrent
but allow flexibility where accidents even though no fault of
the owner or operator of the facility.
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