Conference Workshops

Principles of Environmental Enforcement Workshops

These workshops provided hands-on experience for participants in applying the principles of environmental enforcement to develop a management approach, establish enforceable requirements where appropriate, and create effective compliance and enforcement strategies for environmental problems, including mining, deforestation, petrochemicals/petroleum refining, tourism, and residential and industrial waste disposal. The workshop participants also attempted to resolve enforcement problems involving tough economic and social issues using role playing and negotiation. An executive summary of the text "Principles of Environmental Enforcement" is included in Proceedings Volume I. Participants received case study materials on the selected subject matter in advance to prepare for the workshops. Technical support packages on the nature of the environmental problem and pollution control or prevention options were available at the Conference.

UNEP Workshops: Institution-Building for Enforcing Regulations Related to Industrial Activities

(For these workshops on Advisory Group has been formed to assist in developing the workshop materials. Advisory Group members who assisted in the development of UNEP, IE/PAC training materials, "Building Institutional Capacity to Ensure Industry Compliance," include Dr. René Altamirano, SEDESOL, México; Dr. Ossama El-Kholy, Egypt; Mme. Odile Gauthier Natta, Ministère de L'Environnement, France; Mr. Jo Gerardu, VROM, The Netherlands; Mr. Rob Glaser, VROM, The Netherlands; Mr. Zbigniew Kamienski, State Inspectorate for Environmental Protection, Poland; Mrs. Jacqueline Aloisi de Larderel, UNEP, IE/PAC; Mr. Sun Li, Environmental Law Institute/PAC; and Ms. Cheryl Wasserman, U.S. EPA.)

A draft workshop text, case studies, and discussion guide were available for participants to use at the Conference UNEP workshops and to review for further improvement before they are finalized. The workshop discussions explored the applicability of the specific case studies, design issues, and options for organizing an enforcement program for regulations related to industrial activities; implementing a compliance monitoring and inspection program; developing human, information, and financial resources; and processing permits.

Special Topic Workshops

Expert papers were solicited on the following topics and issues, and were addressed during facilitated discussion at the workshops.

Export/Import of Illegal Shipments of Hazardous Waste, Toxic Chemicals, or Contaminated Products

This topic addressed the following issues:

• How are nations ensuring they know of shipments with potential environmental hazards?
• How well understood are procedures and other requirements?
• How are illegal activities identified?
• What responses have been taken and why, and how effective have they been?
• What types of international cooperation have been useful?
• What are particular problem areas in enforcing these types of requirements, and how can they be overcome?

Field Citations as an Approach to Enforcement

This topic addressed the following issues:

• What are field citation programs? They are generally understood to include enforcement actions that may be undertaken by an administrative agency--rather than the court or judicial system--that can legally impose a sanction or fine in the field, much as police issue traffic tickets for automobile-related violations. A proposed definition was discussed, reviewed, and amended during the discussion. For example, what are the definitions of traffic tickets? Would the definition include in-field notices of violations? Issued by an inspector, by other?
• For what kinds of violations are field citations useful? For what kinds of violations might they be inappropriate or ineffective?
• What are the program design elements and different approaches to organizing a field citation program (e.g., who issues field citations)? What authorities are needed?
• What factors are important to successful implementation? For example, what is the importance of training? What kind of follow-up is needed in the issuance of a field citation?
• What kind of training materials are available for field citation programs? Are different communication skills needed for inspectors who issue field citations to avoid or handle potential conflict?

CFC Control Program Enforcement: Implementing the Montreal Protocol Workshop

This topic addressed the following issues:

• What are the goals of chlorofluorohydrocarbons (CFC) reduction, and what particular challenges do control and reduction of CFCs in the marketplace pose to domestic programs, given the nature of the market and regulated community?
• What types of programs have countries adopted to control CFCs in the marketplace?
• How effective have these programs been in achieving compliance? What successes and problems have resulted?
• What lessons can be learned for the design of requirements to ensure enforceability, promotion of compliance, compliance monitoring and inspection activities, enforcement response, and levels of government involvement?

Criminal Enforcement Role in Environment

This topic addressed the following issues:

• What kinds of sanctions and other consequences are made available through criminal enforcement, and how effective are they in achieving compliance?
• What is the proper role of criminal authorities and sanctions in environmental enforcement? What should the relationship be between criminal and civil enforcement? For what types of violations is criminal enforcement (rather than civil enforcement) particularly well suited?
• What government entities might be involved in making criminal enforcement successful? How can these different groups be encouraged to work together?
• What training is required to support criminal enforcement, and what training materials are available?

Enforcement at Government-Owned or -Operated Facilities

This topic addressed the following issues:

• How are governments made accountable for environmental requirements?
• What enforcement responses are effective in achieving compliance?
• What enforcement instruments/authorities are particularly effective?
• Intergovernmental relationships: How important is the independence of the enforcement official? What relationships and organizational linkages are useful for success?

Enforcement of Economic Instruments

This topic addressed the following issues:

• What are economic instruments and how are they defined (e.g., emission taxes, marketable permits)?
• What are the particular challenges or problems posed by designing effective compliance strategies and enforcement responses?
• What institutional requirements and design requirements for the program would help in enforcement?
• What particular training or inspection approaches are most useful in trying to detect violations and compliance problems?
• How might those challenges be overcome?

Promoting Voluntary Compliance: Environmental Auditing, Outreach, and Incentive Programs

This topic addressed the following issues:

• What is the role of compliance promotion in an enforcement program? What is success for a program to promote compliance? What should its goals be?
• What successes have programs designed to promote compliance had in achieving compliance independently and in relation to inspection and enforcement response?
• What is the proper relationship between technical assistance, inspections, and enforcement response?
• How might enforcement response policies be designed to promote compliance as well as deter violations?

Role of Police

This topic addressed the following issues:

• What roles can police play in environmental enforcement?
• Why might police be called upon to play those roles?
• What contributes to the success of having police carry out that role?
• What are particular challenges and problems in calling upon police to assist in environmental enforcement?
• How can these challenges be overcome?