The Gazette 1994

GAZETTE

Monitoring

Confidentiality

I degradation. Where any of its provisions are contravened by any person, an offence is deemed to have been committed by that person, or in the case of a body corporate by the responsible officers, e.g. directors or managers (section 8). The maximum penalties for convictions on indictment are quite emphatic. Offences are punishable by up to 10 years imprisonment and/or maximum fine of £10,000,000 (section 9)." In addition, where a contravention of the Act is maintained after a conviction has been secured, a separate offence is committed on each day by which the contravention is prolonged (section 9(3)). Every such offence exposes the offender to a fine of up to £100,000. The Act also confers on the EPA significant summary enforcement powers. Section 11(1) enables the Agency to prosecute summary offences itself, amounting in practice to the grant of a policing role. On conviction, the courts may impose a fine of up to £1,000 and/or a prison sentence of up to twelve months. Continuing offences are open to additional fines up to a maximum of £200 per day. While their deterrent potential is great, penalties are to be tempered by the gravity of the offence. The courts are obliged to assess the actual risk of the extent of damage to the environment (section 9(2)). Court fines are normally paid into the coffers of the State. If, however, the EPA makes the appropriate application, the amount of the fine will be paid over to the Agency itself (section 10), in addition to any costs I which may accrue to it on foot of ! section 12.

In its licensing capacity, the EPA is j privy to submissions, plans, j documents and other information on emissions. However, the Agency has a wider brief of information collection and distribution, especially through monitoring environmental quality, and running data bases (section 52(1) (b)). The EPA is entitled to information on local and sanitary authority monitoring of drinking water quality (section 58), effluents and receiving waters (sections 59), sewage and receiving waters (section 61) and landfill management (section 62). The EPA may perform its own monitoring to verify this information. In addition, the Agency is obliged to monitor environmental quality and emissions in the context of Integrated Pollution Control (section 96). More generally, the Agency is to organise a programme for monitoring environmental quality (section 65) and to supervise local authority monitoring activities (section 68). Information from private sources may be elicited on an agreed basis (section 69(4) (a)). A general duty on the release of information in the possession of the EPA is imposed by section 52(1) (b). This duty is in the main complied with through the issue of publications, 7 and the granting of third party access to data bases, plans 8 and registers. 9 Not all information in the possession of the EPA is the subject of express dissemination requirements. For instance, section 63(1) empowers the EPA to request a report from a local authority on that authority's performance of a statutory function. This section does not, however, provide for the availability of these reports. In the alternative, access to these and other unpublished items may be sought through the 1993 information regulations. 10 The EPA is expected to conduct its affairs in a spirit of cooperation. Information dissemination

Of major concern to any undertaking which is obliged to provide information to the EPA is the issue of business confidentiality. Finding the balance between protecting commercial interests and avoiding obsessive secrecy will be one of the Agency's more sensitive tasks. For the purpose of this Act, particular items or classes of confidential information are to be determined by the Agency. Such information may only be disclosed

where authorised (section 39). Confidentiality is also to be

interpreted in the light of section 110 of the Act and the 1993 information regulations.

Advisory

services

The EPA may on its own initiative, or shall if requested by any Government Minister, impart information or compose recommendations on environmental protection for the benefit of such Minister. Regard must be had to the Agency's advice. This advice is most likely to be sought with respect to environmental aspects of the following:- European Communities primary and secondary law; international agreements to which the State is party; changes to domestic law; policy; guidelines and standards; particular issues and problems (section 55(2) (a)). With respect to local authorities, section 57 requires the EPA to provide general support and assistance. Section 56 lays down specific provisions on information, advice and recommendations which may be communicated to local authorities, and which must be heeded by them. This advisory function is meant to assist local authorities in matters such as enforcement, application of standards, emissions monitoring, and testing methods.

Entry onto premises

The EPA is granted a general power to enter premises in order to conduct any business sanctioned by the Act (section 13). It does this by authorising a person to go on site and collect information, make inspections and carry out tests. Any attempt to impede or mislead the work of an

Enforcement

Offences and penalties

The Act has introduced enormous potential to counter environmental

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