12.
INFORMATION RESOURCES
The following list of information
resources includes references that were used in writing this text, as well as
other references on enforcement that may be of interest to the reader. Additional references will be added
periodically.
INTERNATIONAL
SOURCES
U.S. Environmental Protection Agency and
Netherlands Ministry of Housing, Physical
Planning and Environment. 1990.
International Enforcement Workshop Proceedings. Utrecht, The Netherlands, May 8-10. This two-volume publication contains papers
presented at the International Enforcement Workshop held from May 8-10 in
Utrecht, the Netherlands. Workshop
participants included environmental officials from foreign countries and
international organizations. Papers
were presented by these participants on domestic enforcement program
strategies, tools and management systems; domestic intergovernmental
enforcement relationships; international transboundary pollution problems; and
enforcement of international agreements.
Volume I is 349 pages long and contains 22 papers. Volume II is 133 pages long and contains
additional papers, remarks delivered at the workshop, a summary of the discussions,
and a list of speakers and participants.
Copies can be obtained from:
Compliance
and Policy Planning Branch Netherlands
Ministry of Housing,
Office
of Enforcement (LE-133)
Physical Planning and Environment
U.S.
Environmental Protection Agency
(VROM)
401
M Street, SW Hoofdinspecteur
Washington,
DC 20460 Postbus
450
USA 2260
MB Leidschendam
(Telephone: 1 202 260 7550) The Netherlands
(Telephone: 31 70 317 4174)
Organisation
for Economic Co-Operation and Development, Environment Committee. October 29, 1986. Improving the Enforcement of Environmental Policies. ENV(86)20.
This 53-page document focuses on enforcement in environmental quality
management and how it can be improved.
The differences in environmental enforcement approaches among OECD
countries are discussed. Three case
studies on enforcement in the Netherlands, United States, and United Kingdom
were also prepared for OECD:
·
Lee,
Norman. 1984. The Enforcement of Environmental Policies in the United Kingdom. ENV/ECO/84.5.
·
Suurland,
Jan. June 1984. Regulatory Reform of Environmental Policy in
the Netherlands. Background
paper for the OECD International Conference on Environment and Economics.
·
Wasserman,
Cheryl E. 1984. The Enforcement of Environmental Policies in
the United States.
ENV/ECO/84.6.
Copies
of OECD documents can be obtained from:
Organisation
for Economic Co-operation and Development
Environment
Directorate
2,
rue Andre-Pascal
75775
PARIS CEDEX 16
France
(Telephone:
45 02 77 00)
International
Chamber of Commerce. June 1989. Environmental Auditing. Publication 468, ISBN No.
92-842-1089-5. This 25-page publication
gives the ICC's position on environmental auditing, and discusses the meaning
of the concept of environmental auditing, the responsibility for audits, and
the methodology that should be followed when conducting audits. Available in English, French, German, and
Spanish. Copies can be obtained from:
International
Chamber of Commerce
The
World Business Organization
38,
cours Albert 1er
75008
Paris
France
(Telephone:
49 53 28 28)
SOURCES
FROM THE NETHERLANDS
Gerardu,
Jo J.A. October 1989. Experimental Projects Development
Enforcement Chemical Waste Act.
This 10-page document discusses the experimental projects in the
Netherlands that were executed within the framework of the Multi-year
Intensifying Programme Enforcement Chemical Waste Legislation. (*)
Gerardu,
Jo J.A. September 1989. Enforcement Training. This 6-page document provides an overview of
training to improve enforcement in the Netherlands. Participants have included Ministry, provincial, and municipal
officials, the police, and water quality controllers. (*)
van
Ommen, Cees F. October 1989. Compliance Monitoring of National
Environmental Legislation. This
10-page document discusses monitoring, by the Environmental Inspectorate of the
Netherlands, of compliance with the Hazardous Waste Act, the Herbicides Act,
and the Toxic Substances Act. Three
kinds of monitoring are discussed:
visual inspection, sampling, and a thorough audit-like inspection. (*)
Ministry
of Housing, Physical Planning and the Environment, Chief Inspectorate for
Environmental Hygiene, Main Department for Enforcement of Environmental
Legislation. April 1989. Main Points of the Third Progress Report on
Developments with Regard to the Enforcement of Environmental Legislation. This 24-page document summarizes the Third Progress Report on the Development of
Enforcement of Environmental Legislation, presented to the Second Chamber
of Parliament of the Netherlands in October 1988. Available in Dutch only. (*)
Ministry
of Housing, Physical Planning and the Environment, Chief Inspectorate for
Environmental Hygiene, Main Department for Enforcement of Environmental
Legislation. April 1989. The Fourth Progress Report on Developments
with Regard to the Enforcement of Environmental Legislation. This document summarizes The Fourth Progress Report of the Development of
Enforcement of Environmental Legislation, presented to the Second Chamber
of Parliament of the Netherlands in August 1991. (*)
Lefevre,
Hans E.C. October 1989. Continued Enforcement Intensification
Programme (VHIP). This 6-page
document discusses the so-called VHIP.
In 1984 the government of the Netherlands began intensifying
environmental law enforcement, starting with hazardous waste as a top
priority. After several years the need
was felt to extend enforcement priorities and activities to other sectors. The VHIP focuses on improving enforcement
(through structuring, intensification, and integral multimedia approaches) and
setting enforcement priorities. (*)
Lefevre,
Hans E.C. September 1990. Enforcement of Environmental Regulations in
the Netherlands, in: International Environmental Reporter,
volume 13, number 10, pages 401-408.
This article reviews the development of the enforcement of environmental
legislation in the Netherlands within the context of the present state of the
country's environmental problems and policies, and the importance of
enforcement in the regulatory chain. (*)
National
Institute of Public Health and Environmental Protection. March 1989.
Concern for Tomorrow, A National Environmental Survey, 1985-2010. This 12-page document gives an overview of
the national environmental situation in the Netherlands and an extrapolation to
the year 2010. (**)
Ministry
of Housing, Physical Planning and the Environment, May 1989. To Choose or to Lose: National Environmental Policy Plan. This 258-page document describes the
Netherlands' medium-term strategy for environmental policy. (***)
Ministry
of Housing, Physical Planning and the Environment. May 1989. National
Environmental Policy Plan Plus.
In conjunction with the National Environmental Policy Plan, this
107-page document sets forth the main lines of environmental policy for the
1990s: the strategy and objectives and,
for the period 1990-1994, the measures which are to be taken to bring
sustainable development within reach in the Netherlands. (***)
Copies can be obtained from:
(*) Netherlands Ministry of Housing,
Physical Planning and the Environment
Chief Inspectorate for Environmental
Hygiene
Main Department for Enforcement of
Environmental Legislation
P.O.
Box 450
2260
MB Leidschendam
The
Netherlands
(Telephone: 31 70-3172618)
(**) National Institute of Public Health and Environmental
Protection
P.O.
Box 1
3720
BA Bilthoven
The
Netherlands
(Telephone:
31 30-749111)
(***) Netherlands Ministry of Housing, Physical
Planning and the Environment
Department for Information and
International Relations
P.O.
Box 20951
2500
EZ The Hague
The
Netherlands
SOURCES
FROM THE UNITED STATES
U.S.
Environmental Protection Agency, Office of Enforcement. May 1984.
Agencywide Compliance and Enforcement Strategy and Strategy Framework
for EPA Compliance Programs.
This 50-page document establishes the U.S. EPA's strategic frameworks
for improving environmental compliance and enforcement programs.
U.S.
Environmental Protection Agency, Office of Enforcement. February 1991. Enforcement Four-Year Strategic Plan:
Enhanced Environmental Enforcement for the 1990s. 21E-2001.
This 77-page document is the result of a collaborative effort between
the U.S. EPA's Office of Enforcement and the Agency's media compliance
programs. It provides a plan for
maintaining a strong and successful environmental enforcement program in the
United States throughout the 1990s and into the next century.
U.S.
Environmental Protection Agency, Office of Enforcement. February 1989. Basic Inspector Training Course: Fundamentals of Environmental
Compliance Inspections. This
lengthy text discusses the legal, technical, administrative, and communications
aspects of performing inspection work for U.S. EPA-administered statutes. It is designed for use with a classroom
training course.
U.S.
Environmental Protection Agency.
October 1990. RCRA
Civil Penalty Policy. This
110-page paper discusses the methods that the U.S. EPA uses to assess civil
penalties for environmental violations under the U.S. Resource Conservation and
Recovery Act (RCRA). (Enforcement
penalty policies and guidance for other U.S. EPA environmental programs are
available and can be obtained from the address below.)
U.S.
Environmental Protection Agency, Office of Enforcement. August 25, 1986. Revised Policy Framework for State/EPA Enforcement Agreements. This 46-page document outlines EPA's policy
framework for implementing an enforcement relationship between the states and
the federal government. It discusses
implementing the framework through national program guidance and regional/state
agreements.
U.S.
Environmental Protection Agency, Office of Enforcement. February 25, 1991. Interim Policy on the Inclusion of Pollution Prevention and Recycling
Provisions in Enforcement Settlements.
This 12-page memorandum describes U.S. EPA's policy to encourage the use
of pollution prevention and recycling in enforcement settlements.
U.S.
Environmental Protection Agency, Office of Enforcement. February 12, 1991. Policy on the Use of Supplemental Environmental Projects in EPA
Settlements. This 13-page
memorandum describes the U.S. EPA's policy to include, in enforcement
settlements, projects that remediate the adverse public health or environmental
consequences of the violations at issue.
U.S.
Environmental Protection Agency, Office of Enforcement. November 14, 198_. Final EPA Policy on the Inclusion of
Environmental Auditing Provisions in Enforcement Settlements. This 68-page document provides guidance on
selecting enforcement cases in which the U.S. EPA will seek to include
environmental auditing provisions in the settlement terms. This document also includes U.S. EPA's
Policy Statement on Environmental Auditing.
(Other resource documents on environmental auditing are available from
the U.S. EPA at the address below.)
U.S.
Environmental Protection Agency, Office of Enforcement. November 1990. Summary Report: Enforcement
Effectiveness Case Studies.
This brief report provides additional information about case studies 4
and 5 described in Chapter 11 of this text.
U.S.
Environmental Protection Agency, Office of Enforcement. September 1990. Environmental Criminal Enforcement:
A Law Enforcement Officer's Guide. This 27-page booklet explains the structure of EPA's
environmental law enforcement apparatus, as well as the methods of enforcement
and how they function. It emphasizes
the role of law enforcement officers in environmental enforcement.
U.S.
Environmental Protection Agency, Office of Enforcement. March 1990.
Environmental Enforcement: A
Citizen's Guide. This 33-page
booklet is similar to the Law Enforcement
Officers' Guide, described above; however, this document emphasizes the
citizen's role in environmental enforcement.
U.S.
Environmental Protection Agency. 1990. Enforcement
in the 1990s Project. This
report presents the findings and recommendations from the U.S. EPA's Innovative
Enforcement Work Group. Innovative
tools for environmental enforcement, such as environmental auditing,
alternative dispute resolution, and risk-based pollution preventative
enforcement are discussed.
U.S.
Environmental Protection Agency, Office of Water. 19__. Guidance
for Developing Control Authority Enforcement Response Plans. (Enforcement response policies and guidance
for other U.S. EPA environmental programs are available and can be obtained
from the address below.)
Wasserman, Cheryl E. 1992.
Federal Enforcement: Theory and
Practice. Pages 21-51 in:
T.H. Tietenberg, ed., Innovation in Environmental Policy: Economic and Legal Aspects of Recent
Developments in Environmental Enforcement and Liability. Part of Wallace E. Oates, ed., New Horizons in Environmental Economics
Series, Edward Elgar Publishing Ltd., Grower House, Cross Road, Aldershot,
Hampshire, England. This paper presents
a review (in the context of environmental economics) of the theories that
local, state, and federal regulators and law enforcement personnel use in
implementing enforcement programs. The
differences between theory and the reality of implementation practices also are
discussed.
For
a copy of the U.S. publications or for further information, write to:
Compliance
and Policy Planning Branch
Office
of Enforcement (LE-133)
U.S.
Environmental Protection Agency
401
M. Street, SW
Washington,
DC 20460
USA
(Telephone: 1 202 260 7550)
UPDATING
AND ENRICHING THIS TEXT
This
text will be periodically updated to include new enforcement ideas and examples
from countries around the world.
Readers are encouraged to send comments and ideas for the next edition
to:
Compliance
Policy and Planning Branch
Office
of Enforcement (LE-133)
U.S.
Environmental Protection Agency
401
M Street, SW
Washington,
DC 20460
USA