The Gazette 1994

GAZETTE

Monitoring

In its licensing capacity, the EPA is

privy to submissions, plans,

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)).

The EPA is expected to conduct its

affairs in a spirit of cooperation.

Information

dissemination

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,

and

the granting of third party access to

data bases, plans

and registers.

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these and other unpublished items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.

Confidentiality

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.

Enforcement

Offences and penalties

The Act has introduced enormous

potential to counter environmental

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.

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