Transcript Document

Water Services Training
Group
Guidance Document
Control of Fat Oil and Grease
Launch Seminar
26th January 2012
FOG Guidance Document Launch Seminar
26th January 2012
1
Monitoring &
Enforcement
Alan Costello
Environment Officer
Cork County Council
FOG Guidance Document Launch Seminar
26th January 2012
2
Enforcement and Monitoring
Inspections
Sampling criteria
Enforcement options
Penalties
Court
3
FOG Guidance Document Launch Seminar
26th January 2012
3
Enforcement Policy
 Allow opportunity to comply with law?

Enforcement action last resort?
 Transparency
 Proportionality

Environmental damage V. non compliance
 Consistency
 ‘Polluter pays’ principal

4
No economic benefit to offenders
FOG Guidance Document Launch Seminar
26th January 2012
4
Inspections
 Recommended:

Desk top investigation in advance advisable
 OSI Maps/history of premises/CRO search


Authorization (Aware of powers of entry – S28WPA and
S22 WSA
Hard-back note-book
 contemporaneous notes. Use to prepare reports and
statements








Copy of any permit
Camera + spare batteries
FOG leaflet explaining FOG programme
Business cards
PPE + wipes
Manhole cover lifters
Sample containers + COC form
Dyes – Fluorescein sodium Rhodamine B.
FOG Guidance Document Launch Seminar
26th January 2012
5
Inspections
 1L Glass bottle (n-Hexane pre-treated)
 Sample should be representative of the
discharge
 From GRU: outlet from unit
 From G/T: closest d/s access. (Avoid scraping sides of
sewers into container and contamination from foul
sources)
 Offer split (good practice)
 Label containers
 Storage of sample – cooler box + ice packs
<24hrs to (accredited) laboratory
 Chain of custody form
6
FOG Guidance Document Launch Seminar
26th January 2012
6
+
=
7
FOG Guidance Document Launch Seminar
26th January 2012
7
Options?





8
Warning letter
Direction
Statutory Notices
Court Order
Prosecution
FOG Guidance Document Launch Seminar
26th January 2012
8
Options:
Warning Letter
 Who exactly?


Sole trader/Company/business name owner
Site interviews with staff/owner (under Caution?)
 Include:





What the problem is
What needs to be done
When it needs to be done
What will happen- sanctions
Mention S23 of LG(WP)(A)A 1990 and S14 WSA.
 Send via registered post to company director/secretary
 Can be used to support a prosecution but itself is not
binding
9
FOG Guidance Document Launch Seminar
26th January 2012
9
Options:
S22 Direction
 S22(6) of Water Services Act

…wastewater infrastructure serving a premises constitutes a risk
to human health or the environment may direct the owner to take
such measures….
 Establish who exactly to direct?

CRO search for company/business name
 Include:




What the problem is
Direct what needs to be done
When it needs to be done
What will happen- sanctions
 Binding - offence not to comply if unchallenged
 Quick
 Low resource– No M.O order required
10
FOG Guidance Document Launch Seminar
26th January 2012
10
Options:
Statutory Notices
 Section 16(13) of 1977 WPA

If FSE discharging without/in contravention of a
licence. Can require cessation of the discharge,
remedy the effects of the discharge
 Section 23(2) of 1977 WPA





11
Can request particulars of a discharge to sewer.
Legally binding
Offence not to comply if notice not challenged
Manager’s order required
Slow, resource intensive
FOG Guidance Document Launch Seminar
26th January 2012
11
Options:
Court Order

S70(6) Water Services Act
Provides for any person affected by a failure of a duty of
care by a third party to obtain a D.C order to
discontinue/mitigate effects of said failure.
Civil  balance of probabilities
(also S20 of LG(WP)(A)A 1990)
12
FOG Guidance Document Launch Seminar
26th January 2012
12
Options:
Prosecution

Initiate Prosecution?






Intent
History
Attitude
Co-operation
Time limit for proceedings
Which charge?
 Non compliance with notice/direction
 S16 WPA
 S70 WSA
Consider as many charges as possible to encourage a plea
Consider S23 of LG(WP)(A)A 1990 and S14 WSA
 Realistic chance of success
13
FOG Guidance Document Launch Seminar
26th January 2012
13
Prosecution:
S16 V. S70
 S16 WPA

S16(1): “…shall not…discharge or cause or permit the
discharge of any trade effluent or other matter (other
than domestic sewage or storm water) to a sewer,
except under and in accordance with a licence….”
(i.e. no licence or not in accordance with a licence)
 S70 WSA


S70(1): “..shall not permit wastewater to be
discharged from a premises in a manner that
presents a risk to health or the environment..”
S70(3): “…shall not cause any matter to enter a
sewer.. by which the free flow of the contents may be
interfered....”
(i.e. block a sewer)
14
FOG Guidance Document Launch Seminar
26th January 2012
14
Prosecution:

What is required to prosecute
 Evidence of offence - report

Specifics - how
 Evidence of offender
 Investigator Authorized
 Authority Delegated (managers orders)
15
FOG Guidance Document Launch Seminar
26th January 2012
15
Penalties
.
S12
S16
S22
€5,000 and/or 3 months
or
( on conviction on indictment
€15,000,000 and/or 5 years)
S23
16
S28/22
FOG Guidance Document Launch Seminar
26th January 2012
S70
16
Court Hearing:
 District Court (Minor Summary Offence)
 Very adversarial!


Examination in chief/cross examination
Beyond all reasonable doubt.
 Investigating Officer’s Oral Evidence





17
Qualifications & Experience
Knowledge of the obligations imposed by the
legislation, and the legislation itself
Know possible defences
Note book
Report
FOG Guidance Document Launch Seminar
26th January 2012
17
Court Hearing:
 Exhibits:
 Manager’s Order
 Officer’s authorization
 Certificate of incorporation from Registrar of
Companies
 Proof of service of notice/summons
 Correspondence (original warning letter)
 Photographs
 Signed and dated. 4 copies + negatives/disc.
referenced in notes/drawing
 Test reports
 Drawings
18
FOG Guidance Document Launch Seminar
26th January 2012
18
Court Hearing:
 Chain of custody

Must be able to prove the evidence has not
been interfered with, and how evidence was
stored. If given to someone else, to whom
was it given (they may also be required to
give evidence). Check with lab in advance.
 Costs

19
now payable to Local Authority
FOG Guidance Document Launch Seminar
26th January 2012
19
Thank You
20
FOG Guidance Document Launch Seminar
26th January 2012
20