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Principles of Environmental Enforcement
The "Principles of Environmental Enforcement" text and associated training exercises, role-playing, and case-study materials were developed in 1992 by the U.S. EPA in cooperation with Poland’s Environment Ministry and the Dutch Ministry to assist policymakers in any international or domestic setting to develop the institutional capacity for designing and implementing effective programs for compliance with environmental requirements. More background information on the principles and how to use them.

Table of Contents Adobe PDF Icon Acknowledgments Adobe PDF Icon - Glossary Adobe PDF Icon

PART I: CONTEXT FOR ENFORCEMENT
1. Introduction Adobe PDF Icon
2. The Basis for Compliance and Enforcement
Adobe PDF Icon
3. Creating Environmental Laws and Requirements that are Enforceable
Adobe PDF Icon

PART II: DESIGNING COMPLIANCE STRATEGIES AND ENFORCEMENT PROGRAMS
4. Identifying the Regulated Community and Establishing Program Priorities Adobe PDF Icon
5. Promoting Compliance Adobe PDF Icon
6. Monitoring Compliance Adobe PDF Icon
7. Enforcement Responses to Violations Adobe PDF Icon
8. Clarifying Roles and ResponsibilitiesAdobe PDF Icon
9. Evaluating Program Success and Establishing Accountability Adobe PDF Icon

PART III:  IMPLEMENTATION AND EXPERIENCE
10. Building an Effective Enforcement Program Adobe PDF Icon
11. Case Studies: Pulling It All Together Adobe PDF Icon
12. Information Resources Adobe PDF Icon


Hyperlinked Outline of the Principles of Environmental Enforcement
These links go to the same files as above, but here an outline of each section is given.

Table of Contents Adobe PDF Icon Acknowledgments Adobe PDF Icon - Glossary Adobe PDF Icon

PART I: CONTEXT FOR ENFORCEMENT
1. INTRODUCTION Adobe PDF Icon

  • What Is the Purpose of This Text?
  • What Is Compliance?
  • What Is Enforcement?
  • Why Are Compliance and Enforcement Important?
  • What are the Components of a Successful Enforcement Program?
  • How Programs May Evolve in Different Cultures and Countries
2. THE BASIS FOR COMPLIANCE AND ENFORCEMENT Adobe PDF Icon
  • Introduction
  • Factors Affecting Compliance
    • Deterrence
    • Economics
    • Institutional Credibility
    • Social Factors
    • Psychological Factor
    • Knowledge and Technical Feasibility
  • Impact on Program Design

3. CREATING ENVIRONMENTAL LAWS AND REQUIREMENTS THAT ARE ENFORCEABLE Adobe PDF Icon

  • Introduction
  • Enforceability of Different Approaches to Environmental Management
  • Laws:  The Framework for Enforcement
    • Authorities
    • Institutional Framework
    • Related Laws Compelling Professional and Equitable Conduct
    • Compatibility with Existing Laws
    • Structure and Criteria for Establishing Environmental Requirements
    • Requirements:  Making Them Enforceable
    • Balancing Stringency and Feasibility
    • Improving the Climate for Compliance
    • General Requirements
      • Size of the Regulated Community
      • Analyzing the Regulated Community's Ability to Comply
      • Involving the Regulated Community and Other Interested Parties
      • Involving Enforcement Officials
      • Coordinating with Other Environmental Requirements and Programs
      • Facility-Specific Requirements
      • Ensuring Enforceability
      • The Permitting and Licensing Process

PART II: DESIGNING COMPLIANCE STRATEGIES AND ENFORCEMENT PROGRAMS

4. IDENTIFYING THE REGULATED COMMUNITY AND ESTABLISHING PROGRAM PRIORITIES Adobe PDF Icon

  • Introduction
  • Identifying the Regulated Community
    • Important Information
    • Approaches To Gathering Information
  • Information Management
  • Considerations in Setting Priorities
  • Who Should Set Priorities?
  • Communicating Priorities
  • Review and Revision

5. PROMOTING COMPLIANCE Adobe PDF Icon

  • Introduction
  • Education and Technical Assistance
    • Approaches
  • Building Public Support
  • Publicizing Success Stories
  • Creative Financing Arrangements
  • Economic Incentives
  • Building a Facility's Environmental Management Capability

6. MONITORING COMPLIANCE Adobe PDF Icon

  • Introduction
  • Inspections
    • Types of Inspections
    • Gathering Evidence
    • Written Inspection Report
    • Inspection Plan
    • Targeting Inspections
    • Issues To Consider
    • Inspector Training
    • Support Resources
  • Self-Monitoring, -Recordkeeping, and -Reporting by the Regulated Community
    • Issues
  • Citizen Complaints
  • Area Monitoring
  • Ambient Monitoring
    • Remote Sensing
    • Overflights

7. ENFORCEMENT RESPONSES TO VIOLATIONS Adobe PDF Icon

  • Introduction
  • The Range of Response Mechanisms and Authorities
    • Authorities
    • Response Mechanisms
  • Informal Mechanisms
  • Formal Mechanisms
    • Civil Administrative Enforcement
    • Civil Judicial Enforcement
    • Criminal Enforcement
  • The Enforcement Process
    • Protecting Basic Rights
    • Supporting the Enforcement Case
    • The Role of Negotiation
    • Role of the Public to Ensure Accountability
  • Creative Settlements:  Leveraging Enforcement for Broader Results
    • Pollution Prevention
    • Pollution Reductions Beyond Compliance
    • Environmental Auditing
    • Environmental Restoration
    • Publicity
    • Training
    • Escrow or Bond for Sources Unable To Pay Penalties
  • Enforcement Response Policies
    • Criteria for Noncompliance
  • Selection of Appropriate Enforcement Response
    • When Should Civil or Criminal Responses Be Used?
    • When Should a Sanction Be Imposed?
    • Should a First Enforcement Response Include a Sanction?
    • What Type of Sanction Should Be Used?
    • What Enforcement Responses Are Appropriate for Government-Owned and/or -Operated Facilities?

8. CLARIFYING ROLES AND RESPONSIBILITIES Adobe PDF Icon

    • Introduction
    • Dividing Responsibilities Among Government Levels
      • The U.S. Experience:  Parallel Responsibility with the Primary Role Delegated
      • The Netherlands' Experience:  Divided Responsibilities
    • Role of Other Government Institutions
      • Legislative Institutions
      • Executive Institutions
      • Judicial Institutions
      • Agencies with Jurisdiction in Areas Related to Environmental Management
      • Police
    • Role of Non-governmental Groups
      • Industry Associations
      • Associations of Government Officials
      • Professional and Technical Societies
      • Trade Unions and Workers' Council
      • Universities
      • Insurance Companies
      • Public Interest Groups
      • Use of Independent Contractors To Supplement Government Personnel
      • Special Centers

9. EVALUATING PROGRAM SUCCESS AND ESTABLISHING ACCOUNTABILITY Adobe PDF Icon

  • Introduction
  • Issues in Measuring Success
  • Measures of Success
    • Environmental Results
    • Compliance Rates
    • Progress in Returning Significant Violators to Compliance
    • Measures of Compliance Monitoring
    • Number of Enforcement Responses
    • Timeliness of the Enforcement Responses
    • Monetary Penalties Assessed
    • Measures of Technical Assistance
    • Other Measures

PART III:  IMPLEMENTATION AND EXPERIENCE

10. BUILDING AN EFFECTIVE ENFORCEMENT PROGRAM Adobe PDF Icon

  • Personnel
    • Role of Program Personnel
    • Staffing Level
    • Training
    • Use of Third Parties
  • Information Management Systems
  • Program Funding
  • Evolution of Enforcement Programs
    • Enforcement as a Priority
    • Evolution of Authorities
    • Identifying the Regulated Community and Establishing Priorities
    • Compliance Promotion
    • Compliance Monitoring
    • Enforcement Response
    • Roles and Responsibilities
    • Evaluation and Accountability

11. CASE STUDIES:  PULLING IT ALL TOGETHER Adobe PDF Icon

  • Introduction
  • Case Study 1: Enforcement of Air Regulations in Allegheny County, USA
    • Introduction
    • County Profile
    • Air Pollution Control Before 1970
    • Authority for Air Pollution Control, 1970-1991
    • Allegheny County Air Quality Regulations, 1970-1991
    • The Air Pollution Control Advisory Committee
    • Standards and Methods
    • Enforcement Mechanisms
    • Resources
    • Monitoring
    • Emissions
    • Inspection
    • Role of the State and Federal Governments
    • Role of Environmental Groups and the Public
    • Role of Industry
    • Results
    • Factors Influencing Success
  • Case Study 2: Responsible Processing of Derelict Cars in the Netherlands
    • Introduction
    • Regulations
    • Derelict Cars Plan
    • Implementing the Plan in North Holland
    • Conclusions
  • Case Study 3: Collection and Processing of Hazardous Waste from Ships in the Netherlands
    • Introduction
    • The Decree on Collection of Wastes from Ships
    • Enforcement Approach
    • Enforcement Results
  • Case Study 4: Enforcement of Municipal Wastewater Requirements in the United States of America
    • Background
    • Enforcement Activities
    • Results
    • Reasons for Success of the National Municipal Policy
  • Case Study 5: Enforcement of Marketable Reductions of Lead in the United States of America
    • Background
    • Enforcement Activities
    • Results
    • Deterrence
    • Conclusion

12. INFORMATION RESOURCES Adobe PDF Icon

Principles Translations
Principios de cumplimiento y aplicación de la ley ambiental (Spanish translation on the Principles of Environmental Enforcement)
篇守法战 略和执法方案的设计 (Chinese translation of the Principles of Environmental Enforcement)
Principi Primene (Izvršenja) Propisa u Oblasti Zivotne Sredine (Serbian translation of the Principles of Environmental Enforcement)
مباد ى الإلزام البيئي (Draft Arabic translation of the Principles of Environmental Enforcement )
Principes de mise en application environnementale (French translation of the Principles of Environmental Enforcement)

Related Documents
MS Word Document Icon UNEP Guidelines on Compliance with and Enforcement of Multilateral Environmental Agreements