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
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Monitoring &
Enforcement
Alan Costello
Environment Officer
Cork County Council
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Enforcement and Monitoring
Inspections
Sampling criteria
Enforcement options
Penalties
Court
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Enforcement Policy
Allow opportunity to comply with law?
Enforcement action last resort?
Transparency
Proportionality
Environmental damage V. non compliance
Consistency
‘Polluter pays’ principal
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No economic benefit to offenders
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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.
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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
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+
=
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Options?
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Warning letter
Direction
Statutory Notices
Court Order
Prosecution
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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
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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
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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
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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
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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)
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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
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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)
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Prosecution:
What is required to prosecute
Evidence of offence - report
Specifics - how
Evidence of offender
Investigator Authorized
Authority Delegated (managers orders)
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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
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S70
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Court Hearing:
District Court (Minor Summary Offence)
Very adversarial!
Examination in chief/cross examination
Beyond all reasonable doubt.
Investigating Officer’s Oral Evidence
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Qualifications & Experience
Knowledge of the obligations imposed by the
legislation, and the legislation itself
Know possible defences
Note book
Report
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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
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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
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now payable to Local Authority
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Thank You
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