FOG Guidance Document Launch Seminar 26th January 2012 1 Water Services Training Group Guidance...

FOG Guidance Document Launch Seminar FOG Guidance Document Launch Seminar 26th January 201226th January 2012

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Water Services Training Water Services Training GroupGroup

Guidance Document Guidance Document

Control of Fat Oil and GreaseControl of Fat Oil and Grease

Launch SeminarLaunch Seminar2626thth January 2012 January 2012


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Monitoring & Monitoring & EnforcementEnforcement

Alan CostelloAlan Costello

Environment OfficerEnvironment Officer

Cork County CouncilCork County Council


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Enforcement and MonitoringEnforcement and Monitoring

InspectionsInspections

Sampling criteriaSampling criteria

Enforcement optionsEnforcement options

Penalties Penalties

CourtCourt


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Enforcement PolicyEnforcement Policy

Allow opportunity to comply with law?Allow opportunity to comply with law? Enforcement action last resort?Enforcement action last resort?

TransparencyTransparency ProportionalityProportionality

Environmental damage V. non compliance Environmental damage V. non compliance

ConsistencyConsistency ‘‘Polluter pays’ principalPolluter pays’ principal

No economic benefit to offendersNo economic benefit to offenders


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InspectionsInspections Recommended:Recommended:

Desk top investigation in advance advisableDesk top investigation in advance advisable OSI Maps/history of premises/CRO search OSI Maps/history of premises/CRO search

Authorization (Aware of powers of entry – S28WPA and S22 Authorization (Aware of powers of entry – S28WPA and S22 WSAWSA

Hard-back note-bookHard-back note-book contemporaneous notes. Use to prepare reports and contemporaneous notes. Use to prepare reports and

statements statements Copy of any permit Copy of any permit Camera + spare batteriesCamera + spare batteries FOG leaflet explaining FOG programmeFOG leaflet explaining FOG programme Business cardsBusiness cards PPE + wipesPPE + wipes Manhole cover liftersManhole cover lifters Sample containers + COC form Sample containers + COC form Dyes – Dyes – Fluorescein sodiumFluorescein sodium Rhodamine BRhodamine B..


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InspectionsInspections

1L Glass bottle (n-Hexane pre-treated) 1L Glass bottle (n-Hexane pre-treated) Sample should be representative of the Sample should be representative of the

dischargedischarge From GRU: outlet from unitFrom GRU: outlet from unit From G/T: closest d/s access. (Avoid scraping sides of From G/T: closest d/s access. (Avoid scraping sides of

sewers into container and contamination from foul sewers into container and contamination from foul sources)sources)

Offer split (good practice)Offer split (good practice) Label containersLabel containers Storage of sample – cooler box + ice packs Storage of sample – cooler box + ice packs

<24hrs to (accredited) laboratory <24hrs to (accredited) laboratory Chain of custody formChain of custody form


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++

==


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Options?Options?

Warning letterWarning letter Direction Direction Statutory NoticesStatutory Notices Court Order Court Order ProsecutionProsecution


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Options:Options:Warning LetterWarning Letter

Who exactly?Who exactly? Sole trader/Company/business name ownerSole trader/Company/business name owner Site interviews with staff/owner (under Caution?)Site interviews with staff/owner (under Caution?)

Include: Include: What the problem isWhat the problem is What needs to be doneWhat needs to be done When it needs to be doneWhen it needs to be done What will happen- sanctionsWhat will happen- sanctions Mention S23 of LG(WP)(A)A 1990Mention S23 of LG(WP)(A)A 1990 and S14 WSA. and S14 WSA.

Send via registered post to company director/secretary Send via registered post to company director/secretary Can be used to support a prosecution but itself is not Can be used to support a prosecution but itself is not

bindingbinding


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Options: Options: S22 Direction S22 Direction

S22(6) of Water Services ActS22(6) of Water Services Act

……wastewater infrastructure serving a premises constitutes a wastewater infrastructure serving a premises constitutes a riskrisk to human health or the environment may to human health or the environment may directdirect the owner to take the owner to take such measures….such measures….

Establish who exactly to direct?Establish who exactly to direct? CRO search for company/business nameCRO search for company/business name

Include: Include: What the problem isWhat the problem is Direct what needs to be doneDirect what needs to be done When it needs to be doneWhen it needs to be done What will happen- sanctionsWhat will happen- sanctions

Binding - offence not to comply if unchallengedBinding - offence not to comply if unchallenged Quick Quick Low resource– No M.O order requiredLow resource– No M.O order required


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Options:Options: Statutory Notices Statutory Notices

Section 16(13) of 1977 WPA Section 16(13) of 1977 WPA If FSE discharging without/in contravention of a If FSE discharging without/in contravention of a

licence. Can require cessation of the discharge, licence. Can require cessation of the discharge, remedy the effects of the dischargeremedy the effects of the discharge

Section 23(2) of 1977 WPASection 23(2) of 1977 WPA Can request particulars of a discharge to sewer.Can request particulars of a discharge to sewer.

Legally bindingLegally binding Offence not to comply if notice not challenged Offence not to comply if notice not challenged Manager’s order required Manager’s order required Slow, resource intensive Slow, resource intensive


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Options: Options: Court OrderCourt Order

S70(6) Water Services ActS70(6) Water Services Act

Provides for Provides for anyany person affected by a failure of a duty of person affected by a failure of a duty of care by a third party to obtain a D.C order to care by a third party to obtain a D.C order to discontinue/mitigate effects of said failure.discontinue/mitigate effects of said failure.

Civil Civil balance of probabilities balance of probabilities

(also S20 of LG(WP)(A)A 1990)(also S20 of LG(WP)(A)A 1990)


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Options: Options: ProsecutionProsecution

Initiate Prosecution?Initiate Prosecution? IntentIntent HistoryHistory AttitudeAttitude Co-operationCo-operation Time limit for proceedingsTime limit for proceedings Which charge?Which charge?

Non compliance with notice/directionNon compliance with notice/direction S16 WPAS16 WPA S70 WSAS70 WSAConsider as many charges as possible to encourage a pleaConsider as many charges as possible to encourage a pleaConsider S23 of LG(WP)(A)A 1990Consider S23 of LG(WP)(A)A 1990 and S14 WSAand S14 WSA

Realistic chance of success Realistic chance of success


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Prosecution:Prosecution:S16 V. S70S16 V. S70

S16 WPAS16 WPA S16(1): “…shall not…discharge or cause or permit the S16(1): “…shall not…discharge or cause or permit the

discharge of any trade effluent or other matter (other discharge of any trade effluent or other matter (other than domestic sewage or storm water) to a sewer, than domestic sewage or storm water) to a sewer, except under and in accordance with a licence….”except under and in accordance with a licence….”(i.e. no licence or not in accordance with a licence)(i.e. no licence or not in accordance with a licence)

S70 WSAS70 WSA S70(1): S70(1): “..shall not permit wastewater to be “..shall not permit wastewater to be

discharged from a premises in a manner that discharged from a premises in a manner that presents a risk to health or the environment..” presents a risk to health or the environment..”

S70(3): S70(3): “…shall not cause any matter to enter a “…shall not cause any matter to enter a sewer.. by which the free flow of the contents may be sewer.. by which the free flow of the contents may be interfered....” interfered....” (i.e. block a sewer)(i.e. block a sewer)


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Prosecution:Prosecution:

What is required to prosecuteWhat is required to prosecute Evidence of offence - reportEvidence of offence - report

Specifics - howSpecifics - how

Evidence of offenderEvidence of offender Investigator AuthorizedInvestigator Authorized Authority Delegated (managers orders)Authority Delegated (managers orders)


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PenaltiesPenalties

..

€€5,000 and/or 3 months5,000 and/or 3 months

oror( on conviction on indictment ( on conviction on indictment €€15,000,000 and/or 5 years)15,000,000 and/or 5 years)

S12 S22S16

S28/22 S70S23


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Court Hearing:Court Hearing:

District Court (Minor Summary Offence)District Court (Minor Summary Offence)

Very adversarial! Very adversarial! Examination in chief/cross examinationExamination in chief/cross examination Beyond all reasonable doubt. Beyond all reasonable doubt.

Investigating Officer’s Oral EvidenceInvestigating Officer’s Oral Evidence Qualifications & ExperienceQualifications & Experience Knowledge of the obligations imposed by the Knowledge of the obligations imposed by the

legislation, and the legislation itselflegislation, and the legislation itself Know possible defencesKnow possible defences Note bookNote book ReportReport


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Court Hearing: Court Hearing:

Exhibits:Exhibits: Manager’s OrderManager’s Order Officer’s authorization Officer’s authorization Certificate of incorporation from Registrar of Certificate of incorporation from Registrar of

CompaniesCompanies Proof of service of notice/summons Proof of service of notice/summons Correspondence (original warning letter)Correspondence (original warning letter) Photographs Photographs

Signed and dated. 4 copies + negatives/disc. Signed and dated. 4 copies + negatives/disc. referenced in notes/drawing referenced in notes/drawing

Test reportsTest reports DrawingsDrawings


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Court HearingCourt Hearing::

Chain of custodyChain of custody Must be able to prove the evidence has not Must be able to prove the evidence has not

been interfered with, and how evidence was been interfered with, and how evidence was stored. If given to someone else, to whom stored. If given to someone else, to whom was it given (they may also be required to was it given (they may also be required to give evidence). Check with lab in advance. give evidence). Check with lab in advance.

CostsCosts now payable to Local Authoritynow payable to Local Authority


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FOG Guidance Document Launch Seminar 26th January 2012 1 Water Services Training Group Guidance...

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