ENVIRONMENTAL INSPECTIONS

– PRACTICAL HELP

Leila Makhmetova,Dinara GabdulsabitLawyers of the «Environmental law» Department, GRATA.

Types of environmental inspections

Inspection intervals

Scheduled Not more frequently than once a year

Unscheduled Intervals are not established

Cross Intervals are not established

Raid Prohibited, if a scheduled or comprehensive inspection took place in the current year

Comprehensive Prohibited, if a scheduled inspection took place in the current year

Act on appointment of inspection with a note of registration in legal statistics authorities

Service certificate

The approved plan of inspection

Permit for visiting secure facilities

Medical admission (if necessary)

Companies are authorized not to allow inspectors in if…

Inspector did not show the documents he was to

Act on appointment of inspection was not formalized in due order

Terms of inspection indicated in the act have not become due or have expired

Inspector who came for inspection was not indicated in the act

Within the inspection: in the territory of the

enterprise and within the sanitary protection area

Apart from the inspection: outside the sanitary protection area. Can become a basis for

appointment of inspection.

Laboratory analysis

Measurement of concentration of pollutants in the open air

• СТ РК ГОСТ Р 51592-2003. Water. Common requirements for taking samples

• СТ РК 1545-2006. Radiation monitoring. Taking samples of surface and waste water. Common requirements

• СТ РК ИСО5667-1-2006. (ИСО 5667-1-1980, IDT) Water quality. Taking samples. Part 1. Instruction on preparation of programs on taking samples

• Instruction on supervision on work of waste treatment plants and waste disposal. Approved by the decree of the Minister of environmental protection of the RK of 14.04.05. № 129-п.

Requirements for analysis and taking of samples

Relevant, i.e. confirming the circumstances which are relevant to the case

Admissible, i.e. gathered in accordance with the Civil procedural code or the Administrative code

Credible, i.e. true

Acts of the laboratory analysis as well as other evidence shall be…

Pulp

Tailings pond

Sump

Bio-ponds

Water reservoir

Taking samples in undue place entails nonconformity of evidence the criteria of relevancy

Into water bodies(Decree of the MEP dated

18.04.08. № 100-п)

Onto landscape(Decree of the MEP dated

18.04.08. № 100-п)

Onto broad irrigation(Decree of the MEP dated

18.04.08. № 100-п)

Into storage facilities(Decree of the MEP dated

27.10.06. № 324-п)

For calculation of the damage to the environment there shall be taken samples of waste water discharged…

Inspector shall Take samples of waste waters

in the presence of the company’s representative,

otherwise…

The company shall provide the presence

of its representative during the inspection, otherwise …

For the officials responsible– fine up to 20 MCI (part 1 article 356 of the

Administrative Code)

Act of laboratory analysis is an inadmissible evidence (part 1 article 69 of the Civil Procedural

Code)

Taking samples of waste waters in the presence of the company’s representative

Credibility of the laboratory analysis act stays unproved, if …

In the act of taking samples there are not indicated:

The place of taking samples and its location

The date of taking samples

The method of taking samples

Other data necessary for achieving goals of taking samples

Containers the samples are taken in are not identified

Inspection results

Prescription act on compliance with the environmental legislation of the RK

Civil liability

Calculation of the damage to the environment

Environmental injury claim

Administrative liability

Administrative offence report

Resolution on imposing an administrative punishment

If the civil liability is implemented before the administrative…

In case the injury claim is sustained, then the court decision established:

The fact of excess of emission standards Emission amounts

These circumstances are found proved in case of consideration of the administrative case with the participation of the same persons. (part 2 article 608 of the Administrative Code)

If the administrative liability is implemented

before the civil…

Circumstances established by the administrative offence decree…

Is not essential for the court

Can be disproved with other evidence without repeal of the decree

Violations of the administrative liability

application order

Untimely formalization of the administrative offence report (part 1 article 638, part 1 article 668 of the Administrative Code)

  Preparation of the administrative offence report by the

person who did not participate in the inspection (part 8 article 121 of the Environmental code, part 1 article 668 of the Administrative Code)

  Taking of an improper person to the liability (part 1 article 9,

article 2 of the Administrative Code)  Incorrect calculation of amount of the fine for emissions

without permit (article 243 of the Administrative Code)

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