Transcript Slayt 1 - Regional Environmental Center

Environmental Permitting
and Inspection
in
TURKEY
Baran BOZOĞLU
Environmental Expert
Ministry of Environment and Forestry
29 Nisan 2010, Istanbul
1
Environmental Permitting System
29 Nisan 2010, Istanbul
2
CONTENT
▪Current situation
▪Legal developments
▪Implementation
29 Nisan 2010, Istanbul
3
Current situation
Role of the Ministry of Environment and Forestry
The Ministry of Environment and Forestry is responsible for
•issuing licenses,
•monitoring and
•cancelling of licenses if necessary
according to article 11 of Law No.2872 and article 9 of Law
No.4856.
29 Nisan 2010, Istanbul
4
Current situation
The Ministry of Environment and Forestry (MoEF) has been granted
more than 14 different types of permits and licenses;
•Emission permit
•Noise control permit
•Waste water discharge permit
•Marine outfall
•Waste recycling/recovery/disposal licenses (waste oil, used tires,
packaging wastes, hazardous waste, etc.)
29 Nisan 2010, Istanbul
5
Current situation
Each permit/license are given
•
in media base
•
by different departments and provincial directorates of MoEF.
29 Nisan 2010, Istanbul
6
Some By-laws contain permit/license procedures
By-law on Control of Air Pollution Caused by Industry
By-law on Assessment and Management of Environmental Noise
By-law on Water Pollution Control
By-law on Waste Oils Control
By-law on Packaging Waste Control
By-law on Medical Waste Control
By-law on Hazardous Waste Control
By-law on End of Life Tires
By-law on Control of the Waste Batteries and Accumulators
29 Nisan 2010, Istanbul
7
Legal Developments
•By-law on Environmental Permits and Licenses was published in 29 April 2009.
• Purpose:
In order to prevent, reduce and control pollution, regulate administrative
principles and methods for the issuance of a single permit for activities which
are considered to have negative effects on the environment
• Objective:
To simplify complex permit mechanism for industry and MoEF. Any type of
environmental permit will be combined in one permit so industry can fulfill its
environmental responsibilities efficiently
•The provisions of the by-law has been in forced by 1 April 2010.
29 Nisan 2010, Istanbul
8
Environmental Permit
Environmental License
29 Nisan 2010, Istanbul
9
NOISE CONTROL
MARINE OUTFALL
Environmental Permit
EMISSION TO AIR
WASTE WATER DISCHARGE
29 Nisan 2010, Istanbul
10
Disposal of PCB
Recovery of Waste Oils
Recovery of Used Tires
Port Reception Facilities
Environmental License
Medical Waste Sterilization
Recovery of Packaging Wastes
Recovery of Waste Accumulators
Collection of Waste Edible Oils
Collection and Sorting of Packaging Wastes
Recycling, Recovery and Disposal of Hazardous Waste
29 Nisan 2010, Istanbul
11
Installations and facilities obliged to get
environmental permits and license
Installations and facilities are classified
according to the environmental impact;
Annex-1
Installations and facilities
which have high polluting
effect to the environment
9 main chapters,
51 installations and facilities
example
Oil refining plants
Annex-2
Installations and facilities
which have polluting effect
to the environment
10 main chapters,
147 installations and facilities
example
Salt plants
29 Nisan 2010, Istanbul
12
Competent Authorities
Ministry
.
Annex I
Installations and Facilities
Provincial
Directorates
Annex II
Installations and Facilities
29 Nisan 2010, Istanbul
13
APPLICATION
Authorized person for
environmental issues
Environmental management unit
Authorized consultancy companies
29 Nisan 2010, Istanbul
14
APPLICATION
CURRENT
SITUATION
AFTER THE
BY-LAW
Fully electronic
29 Nisan 2010, Istanbul
15
Requested Documents and Information
-Listed in annex 3 of the By-law
-simple,
-first 7 documents are common,
-8-16 documents are specific for requested permit
29 Nisan 2010, Istanbul
16
Requested Documents and Informatıon
IDENTITY OF INSTALLATION









Name of Installation
Address of Installation
Province
District
Building Lot and Plot
Coordinate Code
Tax Number
Social security number
Number of Trade Chamber






Authorized Representative
NACE Code
Type of Production
Capacity
Total area
Number of employees
29 Nisan 2010, Istanbul
17
Requested Documents and Information
Documents specified to requested
permit/license
Common Documents

EIA Document


Certificate of
occupancy



Trade Registry Gazette


Safety Report


Approved plan of waste water
treatment plant
Approved plan of marine outfall
Approved plan of port reception
facility
Contingency plan
Official letter of provincial directorate
Certificate of conformity of
sterilization equipment
Approved plan of landfill
Insurance certificate

Site Plan

Process Flow Chart

Certificate of Capacity 29 Nisan 2010, Istanbul


18
Approvals
No pen, no stamp
Only electronic sign or mobile sign
29 Nisan 2010, Istanbul
19
Electronic
ENVİRONMENTAL
PERMİT
29 Nisan 2010, Istanbul
20
Permit Period
The permit/license is valid for 10 years
The permit/license is renewed at the end of period if
determined license conditions are not changed
29 Nisan 2010, Istanbul
21
Conditions under which permit/license needs to be
renewed
Any changes in address of installations
Any changes in branch of production of installations
Any changes in fuel type and burning system of installations
Increasing of total production capacity of installations more than 1/3
Increasing of burning power of installations more than 1/3
29 Nisan 2010, Istanbul
22
Pilot Implementation
A pilot implementation is carried out by MoEF since December
2009 to test the software
Six installations are determined in different industry sectors;
•
cement
•
food
•
electronic
•
white goods
•
automotive
•
energy
29 Nisan 2010, Istanbul
23
Administrative Structure
Directorate General for Environmental
Management
Department for Inspection and
Measurement
Environment Permit and Licence Unit
A separate department in near future
29 Nisan 2010, Istanbul
24
ADVANTAGES OF THE
NEW ENVIRONMENTAL PERMITING SYSTEM
■ Single application, single permit,
■ Less time consuming process,
■ Eliminates disconnection among the permits (old),
■ Establishing database and easy control of facilities,
■ Being able to assess all environmental aspects of facilities in
one process.
29 Nisan 2010, Istanbul
25
29 Nisan 2010, Istanbul
26
Conclusion
Implementation of this By-law will be a prepreparation for implementing the IPPC Directive.
As IPPC favours the integrated approach for
permitting, the new by-law will be a good chance
for MoEF and industry to test an integrated
approach.
29 Nisan 2010, Istanbul
27
ENVIRONMENTAL
INSPECTIONS AND ENFORCEMENT
29 Nisan 2010, Istanbul
28
CONTENT
Inspection authority
Delegation of the authority
By-Law on Environmental Inspection
Trainings
29 Nisan 2010, Istanbul
29
Article 12 of 2872 Numbered Environmental Law
The Ministry has the authority to control and inspect
whether the provisions of this legislation are adhered to
or not. (…). The inspection procedures and the principles
which are determined by MoEF.
29 Nisan 2010, Istanbul
30
The Units which have responsibilities for
Environmental Inspection and Enforcement
• Directorate General For Environmental Management
• Directorate General For Environmental Impact
Assessment and Planning
• Directorate General For Nature Conservation and
National Parks
• Provincial Directorates
29 Nisan 2010, Istanbul
31
Delegation of the authority
Article-12- (…) In cases where necessary, the aforesaid authority can be
delegated to the following institutions by the Ministry:
• special provincial administrations,
• the municipalities with established environmental inspection units,
• Undersecretariat of Maritime Affairs,
• Coast Guard Command,
• the persons commissioned with the control and inspection in
accordance with Highways Traffic Law dated 13 October 1983 and
numbered 2918.
The inspections are conducted under the procedures and the principles
which are determined by the Ministry.
29 Nisan 2010, Istanbul
32
Noise : Authority of noise pollution control was delegated
to 69 Municipalities which cover 11 Metropolitan
Municipalities and 58 Municipalities by a circular dated
29/06/2006 dated and numbered 2006/16.
Pollution from Ships : Authority of pollution from ships was
delegated to Maritime Undersecretariat, Coast Guard
Command and 4 Metropolitan Municipalities by a circular
dated 21/06/2006 and numbered 2006/13.
29 Nisan 2010, Istanbul
33
Solid Fuel :Authority of solid fuel control was delegated to
162 Municipality which cover 11 Metropolitan Municipalities,
28 Provincial Municipalities and 123 District Municipalities by
a circular dated 29/06/2006 and numbered 2006/19.
Excavation Waste : Authority of excavation waste control
was delegated to 3 Metropolitan Municipalities (Istanbul,
Adapazarı and Kocaeli) by a circular dated 20/05/2008 and
numbered 2008/6.
Waste edible oil: Authority of waste edible oil control was
delegated to 57 Municipality.
29 Nisan 2010, Istanbul
34
By-Law on Environmental Inspection
The new By Law on Environmental Inspection was come
into force on 01 January 2009.
Purpose of the By-law is to regulate the elements of the
environmental inspection which cover life cycle of a facility
or activity and regulate amenability and character of
environmental inspectors, environmental management unit
or authorized person for environmental issues and
authorized environmental consultancy firms.
29 Nisan 2010, Istanbul
35
By-Law on Environmental Inspection defines:
• the responsibilities of installations and facilities which are
subject to environmental inspection,
• obligations of the installations and facilities, and
• employing authorized person for environmental issues or
establishing environmental unit or to get a consultancy service
for installations and facilities.
29 Nisan 2010, Istanbul
36
Duties of authorized person for environmental issues:
• consulting,
• applications for environmental permit and licenses,
• self monitoring and internal auditing,
• responsible for environmental management activities for
organizations or enterprises
29 Nisan 2010, Istanbul
37
Trainings for Environmental Officials
• 09-25 November 2009
• 07-23 December 2009
Trainings covered
• Basic environmental management issues,
• Environmental Law and Regulations.
29 Nisan 2010, Istanbul
38
Trainings for Combined Inspection
65 Provincial Directorates and 890 inspectors has been
trained for combined inspection by the Ministry of
Environment and Forestry.
• In 2006 5 provinces (Adana, Ankara, Bursa, İzmir, Tekirdağ),
• In 2007 11 provinces (Antalya, Manisa, Balıkesir, Eskişehir,
Kayseri, Denizli, Sakarya, Mersin, Konya, Kocaeli, Gaziantep),
• In 2008 25 provinces,
• In 2009 24 provinces
have been trained on “combined environmental inspections and
EU Minimum Criteria for Environmental Inspections
29 Nisan 2010, Istanbul
39
General Subjects of the Trainings
• Environmental law and regulations,
• 2001/331/EC minimum criteria for environmental
inspection,
• Planning, frequency and reporting of inspections,
• Communication techniques for environmental
inspectors,
• Sampling and sampling techniques,
• Enforcement and legal issues,
29 Nisan 2010, Istanbul
40
THANK YOU FOR YOUR ATTENTION
29 Nisan 2010, Istanbul
41