NEW guidelines on environmental protection could prove costly for repeat polluters.
A document released by the Environmental Protection Agency on Thursday last places the responsibility firmly on companies to financially face their environmental responsibilities.
The Guidance on Environmental Liability Risk Assessment, Residuals Management Plan and Financial Provision will, according to the EPA, help companies, local authorities, financial institutions and consultants to assess “the inherent risk to the environment that an industrial activity poses” and will help them to “quantify and provide adequately for their environmental liabilities”.
“Though intended as a guide for companies, this document very firmly underpins the polluter pays principle, by ensuring that inability to pay cannot be used as a means to avoid remediation or compensation responsibilities by companies that pollute,” said Dara Lynott, Director, EPA’s Office of Environmental Enforcement.
“The level of financial provision required of a company will vary depending on three things: the complexity, and therefore the risk, attaching to the site; the sensitivity of the receiving environment and the effective management of environmental risk by the company,” he added.
“The guide also underpins the rationale for granting pollution prevention and control licences by the EPA. Such licences confer considerable enforcement powers on the EPA and considerable responsibilities and costs on licensed companies,” Mr Lynott concluded.
As well as identifying risks for companies the guidelines also assists companies to prepare for closure and aftercare of facilities in a structured manner. In addition, it will provide information on reducing potential damage to the environment, minimising the long term impact of manufacturing and waste management facilities upon closure and also help companies on financially planning for environmental liabilities.
This year in Clare, only Schwarz Pharma based in Shannon received a fine for €110,000 having been prosecuted under Sections 8, 82 and 84 of the Environmental Protection Agency Acts, 1992, 2003 for 11 separate charges for breaches of its Integrated Pollution Control licence.