RMCEI INSPECTION PLAN Kilkenny County Council

Transcription

1 RMCEI INSPECTION PLAN 2016 Kilkenny County Council Approved: Mary Mulholland Director of Service Water Services & Environment Date of Approval:

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4 TABLE OF CONTENTS 1. Introduction 2. Major environmental issues within the County Council s functional area 3. Policy 4. Environmental Complaints Procedure 5. Breakdown of responsibilities for within the County Council Staff Structure 6. Priorities for during Environmental Outcomes for Resources available for 9. Prioritisation of Installations and frequency of planned site visits 10. Inspection Schedule 11. Routine and Non-Routine 12. Reporting on 13. Drinking Water Quality 14. Performance measures 15. Interaction with other authorities 16. Team Development 17. Plan Monitoring and Review - 1 -

5 1. Introduction This Inspection Plan relates to the functional area of Kilkenny Local Authorities and the calendar year between 1 January 2016 and 31 December The Plan has been drawn up to take account of the requirements of the Recommendation of the European Parliament and the Council providing for minimum Criteria for Environmental in Member States (2001/331/EC). The Recommendation relates to the environmental inspection of all facilities and enterprises whose emissions to air, water or waste management activities are subject to regulation under EU law. It covers both those currently regulated by Kilkenny Local Authorities and also those that are subject to regulation i.e. unauthorised activities. The following list outlines the areas of environmental inspections carried out by Kilkenny Local Authorities: Routine environmental inspections carried out by the Council include: Permitted facilities under the Management Act, 1996 as amended. under the Litter Pollution Act, 1997 as amended. Licensees with discharges to waters under Section 4 of the Local Government (Water Pollution) Act, 1977 as amended Licensees with discharges to air under Section 30 of the Air Pollution Act, 1987 of facilities under the Smokeless Fuel Regulations Licensees and associated vehicles with Collection Permits under the Management Act, 1996 as amended. Registered Self Compliers, Producers and suspected Major Producers under the Packaging Regulations 2014 Registered facilities under WEEE, Batteries & Tyres Regulations Farm inspections in implementation of measures under Phosphorus Regulations, 1998 and Good Agricultural Practice Regulations Council Bring sites under the Management (Farm Plastics) Regulations, under the Management (Environmental Levy)(Plastic Bag) Regulations, 2001 as amended under the 2012 Solvent Regulations and the 2007 Deco Paints Regulations under the Commercial Food Regulations 2009 as amended. under the Household Food Regulations 2015 under implementation of pay by weight. of Quarries under the Extractive Regulations of Historical Landfill Sites. Non-routine environmental inspections carried out by the Council include: Site investigations of unauthorised waste disposal sites Potential licensees under the Local Government (Water Pollution) Acts Potential licensees under the Air Pollution Act Investigations of fly tipping and littering Investigations of unauthorised discharges to waters Investigation of fish kills and other water pollution incidents Investigation of environmental complaints - 1 -

6 2. General assessment of the major environmental issues within the County Council s functional area Kilkenny has been designated as an economic hub under the national Spatial Strategy. Almost 65% of the County s population live in rural areas. Co. Kilkenny s economy is strong and growing. Technology, tourism, craft & design, engineering and food processing are the dominant industries in the County. Agriculture also forms a major part of the County s economy with a relatively high proportion of the workforce (8%) dependent on it. Major environmental challenges include achieving good water quality status under the WFD and reducing the level of fly-tipping / littering. 3. Policy In accordance with the Minister s S.60 Policy Direction, Kilkenny has developed an Policy on breaches of Environmental Law. This is attached at Appendix Environmental Complaints Procedure Kilkenny County Council has a written Procedure manual for the investigation and resolution of environmental complaints. This procedure covers the full range of environmental complaints received by the Local Authority. The procedure manual is available for inspection on the Local authority website and includes the required form to make a written complaint. Written complaints are encouraged. Complaints can be received from the public, elected representatives, the EPA, local area offices, telephone calls, s, letters, the Litter Hotline ( ) or the National Hotline ( ). All are dealt with through a computerised system (e-direct) where the complaint is tracked from initial receipt, through investigation and onto ultimate closure. 5. Breakdown of responsibilities for Environmental within the County Council Within the Council, the responsibility for environmental inspections falls under the remit of the Environment Department. Activities with regard to the targets will be considered quarterly by the Environmental Department and will be reported to the Director of Service. An overview of the organisational arrangements is set out in Figure

7 COUNTY MANAGER DOS - ENVIRONMENT A/SENIOR ENGINEER ENVIRONMENT A/SEE (RMCEI CO- ORDINATOR) Vacant EXEC ENG WATER QUALITY COMPLAINTS CO-ORDINATOR ENVIRO ENFORCEMENT OFFICERS 2 No. A/EXEC ENGINEER ENVIRO LAB TECHNICIAN ENVIRO TECHNICIAN CLERICAL OFFICER LITTER WARDEN (KK Borough) 3 No. FIELD TECHNICIANS (33% EACH) Figure 1: Staff Structure for Inspection Activities - 3 -

8 6. Priorities for during Priorities Water Air Roll out of the Pay by Weight Household Collection System Implementation of the enhanced Tyres Producer Responsibility Initiative Illegal Dumping Implementation of the Household Food Regs. Farm/GAP inspections On-site domestic waste water treatment systems of Solid Fuel Regulations Table 1a: Inspection Priorities in Environmental Outcomes Final Environmental Outcome Work Area Outputs Intermediate Outcome Metric Relevant Legislation The protection of human health and the environment from harm due to waste activities Pay by Weight Household Collection System Implementation of Household Food Regs Inspection of HH Collectors. Identification of non-compliant collectors. action where necessary of households to ensure compliance of collectors to ensure roll out of 3 rd bin action where necessary completed Collectors compliant. Pay by Weight system implemented. completed Households compliant. 3 rd bin provided by service providers collectors inspected collectors compliant actions taken. actions closed. compliant households compliant collectors actions taken. actions closed. Management Act 1996 as amended Management (Facility Permit and registration) (Amendment) Regulations 2015 Management (Collection Permit) (Amendment) Regulations 2015 Management Act 1996 as amended European Union (Household Food and Biowaste) Regulations

9 Illegal Dumping Investigation of Illegal dumping Identification of offending parties action Offending parties Identified Cessation and remediation of illegal dumping Appropriate sanctions applied to offending parties cases investigated cases where action taken actions taken. Management Act 1996 as amended Implementation of the enhanced Tyres Producer Responsibility Initiative Inspection of producer facilities Identification of non-compliant operators. action where necessary completed Producers registered with Repak ELT or self compliant with LA actions closed. facilities visited compliant facilities actions taken. actions closed. Management Act 1996 as amended Management (Tyres and Tyres) Regulations 2007 Water Final Environmental Outcome Implementation of RBD Plan Drinking water safe to EU and National Standards Work Area Outputs Intermediate Outcome Farm Farm inspections prioritised and planned using County Implementation Plan Farm inspections undertaken. Identification of pollution sources/ unauthorised discharges. No deterioration in water quality Unauthorised discharges stopped or regulated. Pollution sources removed. Metric planned inspections completed. compliant / non-complaint farms Number of actions taken Number of actions closed Relevant Legislation European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2014 Local Government (Water Pollution) Acts 1977 to Action. Cross reporting to DAFF

10 On-Site Domestic WWTS Plan and undertake inspections based around the EPA s inspection plan. Action / remediation works Close out advisory notices. No deterioration in water quality Problem systems upgraded / replaced. Pollution sources removed. planned inspections completed. compliant / non-compliant systems. Number of notices issued. Number of actions closed. Water Services Act 2007 Water Services (Amendment) Act 2012 and associated Regulations. Air Final Environmental Outcome Air quality safe to EU and National standards Work Area Outputs Intermediate Outcome of Solid Fuel Regulations Inspection of premises / vehicles selling sold fuels Identification of non-compliant operators action where necessary completed Operators compliant. Smoky coal ban fully implemented in restricted areas Metric premises inspected premises compliant vehicles inspected compliant actions taken. Relevant Legislation Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 as amended actions closed

11 8. Resources available for carrying out and reporting on Environmental The resources for undertaking environmental inspections are shown in Table 1b. A more comprehensive explanation of the available staff time is set out in Table 2. Resources are split between routine and non routine inspections. Routine inspections are planned based on risk prioritisation of facilities/premises. Staff resources are prioritised to undertake routine inspections while the remaining time is allocated to non-routine inspections. The Environment Section has 1345 available days for inspections, 49% (658 days) have been allocated for undertaking 2526 planned inspections. The remaining 51% (687 days) is reserved for handling of complaint investigations, and other non-routine inspections and writing up reports. Kilkenny Local Authorities received 980 complaints in 2015 (Table 3), this is up slightly from the quantity received in 2014 (835). A similar number is expected in The Environment Section has 687 days available for non-routine inspections, including approximately 980 complaints, and report writing in Routine contracted inspections are excluded from this table. Dept. Section Planned for 2016 Environment Section - KCC Days needed for Days available Days Available planned inspections for inspections for unplanned inspections Litter Incl. in waste Incl. in waste Water Air & Noise Incl above Incl above TOTAL Table 1b: Days available for inspections The relevant inspectors will prepare written reports of all inspections. Where such reports related to currently licensed or permitted facilities a copy of the report will be sent to the operator of the controlled installation on its completion. It is the intention of the council that all reports will be completed within four weeks of the date of the inspection. Where non-compliances are determined as part of the inspection, the inspection report should detail what corrective actions are to be taken and the timeframe for these works. The close out of the non-compliance will be verified during subsequent inspections. Where close out of non-compliances has not taken place within the defined timeframe further action in accordance with the policy will be taken. There are also staff available to give support to all inspectors and to deal with the legal and administrative elements of the inspections. Tracking the implementation of the plan targets and the closure of actions will be undertaken by the RMCEI Co-ordinator

12 ENVIRONMENT Kilkenny County Council Inspection Plan 2016 Dept Available Resources Available days for inspections & report writing Inspection Type Env. Enf. Officer 195 days (5 days deducted for prep of RMCEI plan) UWA, Litter, permitted facilities, Historic landfills, Food, Packaging Director of Services Env. Enf. Officer 200 days UWA, Litter, ELVs, Garages, Food, Tyres, Solvents A/Senior Engineer Litter Warden (Borough) A/Executive Engineer 200 days 50 days Litter complaints RMCEI inspections, A/Senior Executive Engineer / (RMCEI Coordinator) Water Quality Env. Lab Technician Executive Engineer 100 days 200 days River sampling, discharge licences, Landfill Monitoring, Complaints Discharge licenses, Water Quality, Sludge Man., Enviro Assess Planning, Air Quality, OSDWWTS Complaints Coordinator Environmental Technician 200 days Farm Surveys, River Surveys, Water Pollution Investigation 3 Field Technicians (1/3 + 1/3 + 1/3) 200 days Farm Surveys, River Surveys, Water Pollution Investigation, FOG, S16 Licences Table 2: Resources available to undertake environmental inspections - 8 -

13 In total, there were 980 Environmental Complaints received by the Council in complaints were resolved in the same year, 110 complaints are to be resolved in Open from 2014 Received in 2015 Resolved in 2015 For resolving in 2016 Days (Allocation in 2016) Litter Non-litter Water/water Air/Odour Noise Illegal Dumping Line Complaints Totals Table 3: Environmental Complaints in 2015 The status of actions taken in 2015 is set out in Table 4. There is some work needed to close out all of these actions from 2015, and where required, inspections have been included in the overall inspection schedule to progress these actions to a resolution. Type of Action Issued in 2015 Resolved in 2015 For resolving in 2016 Warning Letters S18 Management Act S55 Management Act S56 Management Act S14 Direction S71 Management Act Water Warning Letters S12 Water Pollution Act S21 Water Pollution Act S23 Water Pollution Act Agri Warning Letters Non Compliance Notice to DAFF Agri S12 WPA Agri S10 WPA Air Warning Letters Solvents Warning Letters Deco Paints Warning Letters S16 Air Pollution Act S26 Air Pollution Act Fuel Regulations info campaign S106 EPA Act Noise S107 EPA Act Noise TOTAL Table 4: Actions 2015 Days - 9 -

14 9. Prioritisation of Installations and frequency of planned site visits The tables below set out the numbers of installations and monitoring sites/premises that are the subject of this plan. The inspection schedule is based on a risk prioritisation for each installation which is set out later in this section. Dept Inspection Type Number 2016 Close out 2015 notices under S55 WMA Close out 2015 warning letters Time per Inspection (days) Close out S14 directions Close out uwa complaints Collection Permit holders (includes pay by weight insps.) Facility permit holders COR sites Packaging - General Packaging - Self Compliant WEEE & Battery Regulations Tyre Regulations Joint with TFS office ELV Regulations Unauthorised sites Farm Plastics Regulations Plastic Bag Regs Hazardous Burning Regs Time for all (days) Historic Landfills Risk Investigation Historic Landfill - monitoring Bring Banks Surveillance Household Food Insps

15 Garages management, oil burners Food Regs Wood waste Total Bring Banks Contracted out. Contracted out. Total 1426 LITTER Routine Litter Patrols (Borough) Routine Litter Patrols (County) ATM Survey Close out 2015 complaints Total Table 9a: planned for 2015 Dept Inspection Type Number 2016 Time per Inspection (days) Time for all (days) WATER Close Agri S12 notices Close Agri S notices Close cross compliances-daff Close out Agri warning letters Close out Water warning letters Close out complaints S4 discharge licence premises Farm Surveys (2 inspectors) Farm Surveys (2 inspectors) follow up Dangerous Substances Regulations Included in farm surveys River Water Quality inspections under WFD Ground Water Quality (Planning inspections) x x

16 GW Quality - Planning assessments Ground Water monitoring Dunmore On-site Domestic wastewater treatment systems Bathing Waters Non designated (2 inspectors) Environment Total Table 9b: Water planned for 2016 Dept Inspection Type Number 2016 Time per Inspection (days) Time for all (days) AIR Deco Paints Regs Air Emissions Licence holders Coal Distributors Coal out of hours (2 inspectors) Close out complaints Dust monitoring Dunmore Total Table 9c: Air & Noise planned for 2016 Based on the current risk assessed priorities and on the available resources a total of 1666 inspections are planned for The table below sets out the intended level of inspection. SECTOR Planned for 2016 Days Required for Litter Air & Noise Water -Environment TOTAL Table 7: Routine inspections planned for

17 Inspection priority risk assessment Kilkenny County Council Inspection Plan 2016 Annex 1 contains a list of all regulated installations within the county. These installations have been prioritised into category A, B and C based on the following criteria: Category A: Large installations with significant associated environmental risk or those with poor compliance histories. Category A installations will be visited four times per year. Category B: Medium sized installations with lesser risk of environmental pollution. Category B installations will be visited two times per year. Category C: Small Installations with good compliance record. Category C installations will be visited once per year. The number of DWWTS inspections is based on an EPA risk assessment; the locations are decided by in-house risk assessment based on water quality in catchment areas. Similarly farm inspections are based on an in-house risk assessment based on water quality in catchment areas. Any facility found to have regular non-compliances will be assigned a higher risk ranking and thereby receive more inspections. Sampling in relation to compliance with emissions is not planned on a routine basis instead sampling will be carried out where deemed necessary. The EEN risk rating excel tool was used to assign these risk ratings. 10. Inspection Schedule The Inspection Schedule 2016 in Annex 1 lists the authorised, licensed and permitted installations that will be inspected during The targets as set out in this inspection plan will be copied to the Water, and PMDS team/operational plans. Quarterly monitoring updates on activities will be prepared for senior management. Activity levels in relation to targets shall be contained within these updates. All inspections will be carried out according to the Procedure for Inspecting Licensed Installations. Inspectors are responsible for scheduling the inspection date and ensuring that the report is issued within one month of the site visit. Where new licences or permits are granted during the year they shall be added to the existing lists of licences and permits and appropriate risk based inspection frequencies shall be set for them. 11. Routine and Non-Routine Routine of licensed installations will be carried out to assess licence compliance according to the risk based frequency specified in the Inspection Plan Schedule 2016 (Annex 1). If particular circumstances come to light that indicate that the specified frequency of inspection is insufficient or excessive then the plan schedule may be updated to accommodate this change and the reason for it shall be recorded. Where possible all

18 inspections should be unannounced unless the visit has to be pre-arranged to view particular activities. Non-Routine In addition to the routine, non-routine inspections will be carried out to investigate environmental complaints, incidents and the use of unauthorised installations, as soon as possible after these come to the notice of the Council. These inspections should be scheduled to fit in with other planned inspections. Inspectors may be involved in carrying out inspections of unauthorised facilities and carrying out inspections in relation to complaints. If illegal dumping is identified or if environmental pollution is occurring then the Inspector should contact a senior manager and advise them of the situation. If a licensee/permit holder is involved in the illegal activity the relevant Inspector should be informed and a copy of the inspection report forwarded to them. 12. Reporting on The target is that all inspection reports should be written within two weeks of the inspection using the standard inspection forms. All inspection reports and associated correspondence will be issued and be available for public inspection within one month of the inspection. The original signed copy of the site inspection report will be filed and the licensee/permit holder will be forwarded a copy of the inspection report within one month of the inspection. Information from inspections will be exchanged with other bodies where relevant. 13. Drinking Water Quality Kilkenny County Council monitors drinking water quality in private group water schemes and small private supplies through a routine combination of audit and check monitoring. 14. Performance measures The Council needs to be able to communicate the level of activity that it is undertaken in relation to environmental inspections. This need arises out of informational requirements under: The Local Authority Service Indicators The Management Policy Document A Resource Opportunity Section 60 Management Policy directions relating to illegal waste activities Reporting for co-ordination of activities within the National Network and under the RMCEI itself Media interest in activities The environmental inspections undertaken by the council shall be recorded to provide for necessary statistics required by the EPA on an annual basis. This information also includes such information as required by the Department of the Environment, Heritage and Local Government. Specifically, information on Environmental Complaints shall be recorded to provide data on: Number of complaints under the headings: Air, Water,, Litter, water, Noise, Planning Number of complaints investigated under these headings

19 Number of complaints resolved under these headings Number of actions taken under these headings The Management Policy Document Taking Stock and Moving Forward (Key Point 13) requires each Local Authority to report annually on their waste management activities in the previous year. The Council shall report on activities as part of its participation within the National Network in order to facilitate co-ordination and promote consistency of nationally. 15. Interaction with other authorities In line with the regional unauthorised waste group set up as part of the Network, information on the operations of illegal waste collectors and the illegal activities of holders of waste collectors permits shall be exchanged via the network where appropriate. 16. Team Development The implementation of the inspection plan has required the development of certain competencies within the inspection team. The necessary competencies that have been delivered as preparation for implementation of the inspection plan are: Inspection skills training Environmental auditing training Additional training for relevant staff members will be organised if required. Safety is paramount when carrying out inspections and monitoring. All inspections are carried out in accordance with the requirements of the Council s Safety Statement and Plan. When on site Local Authority staff shall comply with the site s safety procedures. Local Authority Staff may where they deem it reasonable ring the Gardaí and ask to be accompanied on site. All inspectors have a current SAFE PASS card. 17. Plan monitoring and internal review The plan is incorporated into Water, & PMDS plans and targets will be monitored on a regular basis (quarterly). This will ensure that teams and senior management are aware of progress in relation to the plan. A summary of this monitoring will be communicated to the Director of Services and to the Management team on a quarterly basis. Additionally the plan will be reviewed on an annual basis in the light of periodic monitoring to assess whether plan priorities should be changed or the general approach to implementing the plan should be revised. Where changes to priorities are needed it will not be necessary to wait until the new plan is drawn up to make changes as these can be highlighted during quarterly reviews and changes made where necessary