Under InFOrMATIOn FACTS The SwedISh ePA PreSenTS FACTS AbOUT dIFFerenT IS-SUeS
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information factsThe LICenSIng, InSPeCTIOn And enFOrCeMenT SySTeM In Sweden FOr envIrOnMenTALLy hAzArdOUS ACTIvITIeS nOveMber 2009
Licensing, inspection and
enfor-cement system in Sweden for
en-vironmentally hazardous activities
In order to ensure compliance with the rules of consideration in the Environmen-tal Code, a large number of environmenEnvironmen-tally hazardous activities and operations are subject to licensing. Such activities or operations may not be started without a permit. Activities or operations for which permits are compulsory are specified in the Environmental Code or in ordinances.Licensing system
Permits
A permits states the conditions under which an activity may be carried out. The licensing authority may refuse a permit if they find that the activity is not per-missible under the Environmental Code. A holistic and integrated approach is applied, where impacts on land, air and water are jointly considered. Permits and permit conditions should benefit the aims of the Environmental Code and ensure that the requirements of its general rules of consideration are fulfilled. The condi-tions may concern e.g.:
Purpose and scope of the operation •
Emission limit values •
Management of chemicals •
Energy efficiency measures •
Waste management •
Compensatory measures for adverse effects •
Measures to prevent accidents •
Traffic to and from the site •
Measures to restore the site after the cessation of activities •
A financial guarantee. •
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Licensing authorities at three LeveLs
Licensing authorities are Environmental Courts or the County Administrative Boards (CAB). There are five Environmental Courts and 21 CABs, one in each county. The Environmental Courts handle activities with large environmental impact. For some minor environmentally hazardous activities, licensing is carried out at local level.
Licensing Process incLudes environmentaL imPact assessment and PubLic hearing
The applicant is obliged to consult the CAB or the local Environmental and Public Health Committee (EPHC) before submitting an application for a per-mit. This gives the authorities (including the Swedish Environmental Protection Agency (SEPA)) an opportunity to comment on the application and a public hearing is held.
SEPA is consulted in the licensing procedure and is active in some licensing cases, for example when legal principles are at stake or if the activity concerned could lead to major environmental impact.
An environmental impact statement (EIS) must be submitted together with the permit application. The purpose is to describe the direct and indirect im-pact of the planned activity. The EIS must include a site description of the plant or activity as well as descriptions of the technology that will be used. Different alternatives for both these aspects are compulsory. The EIS must also describe the impact on people, animals, plants, land, water, air, climate, landscape and the cultural environment. Furthermore, it should describe impacts on the mana-gement of land, water and the physical environment in general, as well as on the management of materials, raw materials and energy.
right to aPPeaL against a Permit decision
Some authorities (including SEPA) can appeal against a permit decision. The right to appeal also includes the applicant, local trade union associations, people af-fected by the decision, and non-profit associations focused on promoting nature conservation or environmental protection interests
Inspection and enforcement
insPection and enforcement authorities at three LeveLs
Inspection and enforcement responsibilities rest at three levels: national, regional, and local. Inspection and enforcement guiding responsibility rests at national and regional level, and the operative part of the work is mainly carried out at regional and local level. The guiding responsibility includes supporting, advising and eva-luating inspection and enforcement work carried out at regional and local level.
cooPeration between the different environmentaL authorities
The Swedish Environmental Protection Agency (SEPA) is the major national en-vironmental authority. Our responsibilities include guiding, evaluating, advising and coordinating inspection and enforcement. There are also 12 other natio-nal authorities with different inspection and enforcement responsibilities. The Enforcement and Regulations Council (ToFR) is a body for cooperation between Swedish environmental authorities concerning enforcement and regulations under the Swedish Environmental Code.
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oPerative insPection and enforcement at regionaL and LocaL LeveL
Environmental inspections and enforcement concerning installations and other activities on the ground are planned and carried out mostly at regional and local level by the 21 County Administrative Boards (CABs) or the 290 Environmental and Public Health Committees (EPHCs).
insPection PLanning is required
The operative inspection and enforcement authorities (CABs and EPHCs) are required to carry out inspection and enforcement of installations and activities and make inspection plans. Inspection may also be the result of complaints from individuals or the public.
Since the authorities cannot give priority to all activities and operations under the Environmental Code, there must be a methodical approach to managing their obligations. Every year they must prepare a written plan with inspection priorities for the coming year.
The plan should be based on the national environmental quality objectives decided by the Swedish Parliament, and adjusted to local or regional conditions. This means that inspection should primarily be concentrated on such activities, operations and installations that are important for meeting the environmental quality objectives, and where inspection can be expected to improve conditions. The annual environmental reports provided by the operators are used as a basis for assessing the need for inspections.
The authorities are requested to regularly follow up and evaluate their plan-ning and implementation to improve inspection efficiency.
The Swedish Environmental Protection Agency (SEPA) has issued general guideli-nes for inspection planning.
The operator of an activity is obliged to submit information to an inspector. Such information (for example figures on emissions or environmental impact reports) and other documents are available to the public under the principle of public access to official documents. The authority decides whether information should be classified as secret under the Secrecy Act.
oPerator seLf-monitoring is mandatory
It is mandatory for operators to have a self-monitoring system. The inspection and enforcement authorities cannot regularly scrutinise all the thousands of acti-vities, installations, operations and processes to which the Code applies. Instead, the Environmental Code very clearly allocates the responsibility for monitoring to the operators.
The self-monitoring system should make it possible for operators to comply with all the rules in the Code, ordinances, regulations and licenses applicable to a specific activity. An operator self-monitoring system can easily be integrated or harmonised with an environmental management system (ISO 14001 or EMAS) and other types of voluntary management systems.
aLL oPerators must know about the environmentaL imPact of their activity
The operator should continuously plan and monitor the activity in order to mi-tigate or prevent detriment to human health or the environment. The operator is obliged to keep himself informed about the activity’s impact on the environment. This is done by initiating studies and measurements, or by other means. The operator should also have routines for responding to knowledge and information, e.g. by taking appropriate counter-measures.
extra requirements higher requirements All operators must recognize on qualified activities on professional activities its environmental impact
higher requirements for ProfessionaL activities
The Ordinance on Operator Self-Monitoring contains more specific rules. It is applicable for professional activities that require a permit or activities for which environmental reporting is compulsory.
The ordinance specifies that environmental accountability in the operator’s organisation must be made clear and documented. The operator must also esta-blish and document procedures for implementing process and emission monito-ring, being in compliance, and keeping equipment in good condition. In practice, this means maintaining procedures for
Calibration of meters and other equipment, •
Recurrent checks to ascertain the condition of relevant equipment, •
Maintenance and attendance, •
Non-compliance response •
The operator must also systematically examine, identify and assess the environ-mental risks connected with the activity and take adequate corrective actions and actions in order to prevent recurrence. This includes identifying situations that could lead to non-compliance. Actions taken and the results should be documen-ted.
The operator must keep a record of chemicals and genetically modified orga-nisms used by the activity. The register should contain the name of the product, the used quantity and information about risks to human health or the environ-ment.
If accidents or emergency situations occur that may cause detriment to human health or the environment, the operator of the activity should promptly notify the authorities in charge.
Illustration: Kjell Ström
information facts
The LICenSIng, InSPeCTIOn And enFOrCeMenT SySTeM In Sweden FOr envIrOnMenTALLy hAzArdOUS ACTIvITIeS nOveMber 2009 ISbn 978-91-620-8470-7.pdf
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