The importance of the integrated environmental inspection program in Catalonia for 2015 (PIAIC) [Programa de inspección ambiental integrada de Cataluña]. Rights and obligations of an individual who is responsible for an activity subject to inspection, and as a risk prevention mechanism.

The PIAIC is part of the actions planned in the "Integrated environmental inspection plan in Catalonia for 2014-2016", approved by the Directorate General of Environmental Quality [Direcció General de Qualitat Ambiental] (DGQA) on 20 February 2014, and its legal basis is Article 23 of the Regulation on Industria Emissions and Development of Law 16/2002, of 1 July, for integrated prevention and control of pollution, approved by Royal Decree 815/2013, of 18 October.

It has scheduled a total of 1,281 comprehensive environmental inspections at companies for 2015 to verify compliance with the requirements and determinations set in integrated environmental authorisations.

The procedure starts with a notice to the owner of the business to contact an Environmental Control Agency [Entidad Ambiental de Control] (EAC), which performs the inspection. Subsequently, a proposal report on the performance of the inspection is issued. The hearing procedure then takes place, and finally, the report on the findings is completed, with the corresponding publication of its extract on the website of the Department of Land and Sustainability, a procedure that periodically seeks to ensure that the company's activities comply with the conditions that are encompassed in its environmental authorisations.

All of the aforementioned, without neglecting to inform the owners of the businesses of the rights and obligations pertaining to them, among which the following are worth quoting:

Rights:

  • Presence of a representative of the company during all inspection activities, provided this does not result in an impediment to the performance of the activities
  • Provision of a double sample, assuming that sampling of pollutants is performed and provision of information regarding the counter-samples.
  • Notification by the EAC of nonconforming aspects detected and correction of these
  • Immediate notification of incidents and situations detected that involve a risk of serious environmental impact for persons or the environment and, if necessary, suspending the business' activities.
  • Provision of a copy of the record and all related documentation prior to the deadline required by the OGAU to deliver the results of the inspection.

Obligations:

  • Have the business and facilities of the company inspected within the timeframe that has been set.
  • Have an EAC complete the inspection.
  • Facilitate and make available to the technical staff of the EAC all the information, documentation, equipment and items necessary for performing the inspection.
  • Correct the violations detected during the inspection and that have been reported by the EAC and, where appropriate, apply necessary preventive, security and control measures to prevent the continuation of production of a risk.
  • Take the necessary measures as required by the OGAU regarding compliance with the conditions established in the integrated environmental authorisation and in the applicable environmental regulations.

In view of the inspection procedure set out in the PIAIC, the complexities and questions that may arise in regard to an inspection requirement and so that the rights of the business owner are guaranteed, it is advisable to arrange for legal counsel, which may be particularly relevant if the OGAU detects incidents during the inspection and proceeds to the initiation of disciplinary proceedings.

Finally, please note that this process is of indubitable importance not only to prove compliance with environmental regulations of an administrative nature before the acting administration, but also to prevent actions that could be considered criminally liable in the future. Especially when such actions – which may be considered punishable under the Penal Code – clearly act as a substitute for any possible administrative liability in many cases. Thus, in this manner, the burden of responsibility is reversed: it is no longer assumed that the environmental management of the company is adequate; instead, it must be established that it did not commit actions that are likely to be considered as environmental crimes, with the relevant prevention protocols needing to be approved.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.