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What is the difference between the concepts of "Environmental monitoring" and "Environmental control"?
In the implementation of environmental monitoring and environmental control, a common functional element is to conduct observations and evaluate the data obtained on the parameters (characteristics) of the observed object. However, within the framework of these two concepts, the objects that are observed are significantly different, as well as the subsequent functions implemented on the basis of the information received.
In environmental control, the objects of observation are anthropogenic objects (sources of emissions and discharges of harmful substances) or economic activity in general. In the course of environmental control, a control action is carried out on the observed object, aimed at bringing it into line with predetermined parameters. So, the inspector of the controlling body, by measuring the concentrations of pollutants in the source of emissions or discharges of the enterprise, reveals the excess of the established standards of MPE or VAT. On this fact, he issues an order to the management of the enterprise to eliminate the violation by bringing the parameters of emissions (discharges) in line with the standards (improving treatment equipment, production processes, etc.).
In monitoring environment(environmental monitoring) objects of observation are atmospheric air, surface waters and soils, etc. The purpose of observations is to obtain objective data on the state of these components of the natural environment, to predict their possible changes in time and space under the influence of natural and anthropogenic factors. The tasks of monitoring are monitoring the state of the environment, identifying and predicting negative changes and providing timely information in the prescribed manner. In this case, the identification of any deviations in the state of atmospheric air, surface water, soil (for example, exceeding the MPC of pollutants) is a signal for taking control actions to minimize the consequences of negative changes. in the state of the environment for human health and the state of ecosystems (especially in case of accidental pollution).
Thus, in contrast to environmental monitoring, in environmental monitoring it is impossible to exert a direct (direct) control action on the observed objects. Therefore, in monitoring, instead of this function, tasks are implemented to predict changes in the state of observed objects.
Despite the fact that environmental control and environmental monitoring are different concepts, ultimately both systems are aimed at preventing environmental pollution.
Environmental control is the most important legal measure to ensure rational nature management and environmental protection from harmful effects, the function government controlled and the legal institution of environmental law. Based on the role of environmental control in the mechanism of environmental protection, it can be assessed as the most important legal measure. It is through environmental control that it is mainly ensured that the relevant subjects of environmental law are forced to comply with environmental requirements. Quite often, measures of legal liability for environmental offenses are applied in the process of environmental control or as a result of it.
Earlier it was emphasized that the function of environmental control is also carried out in the implementation of other legal measures to ensure rational nature management and environmental protection - environmental regulation, environmental expertise, environmental licensing, environmental certification. But within the framework of all these areas of activity, environmental control, i.e. ensuring the fulfillment of environmental and legal requirements is carried out objectively, incidentally, in relation to each of the named types of activity. The implementation of any of these measures, as well as the conduct of environmental control, is an independent, purposeful activity of specially authorized state bodies, carried out within the framework of an established procedure, based on special legal norms and aimed at solving their problems.
Russian administrative law distinguishes two types of control activities - control and supervision. Environmental control refers to the activities of authorized entities to verify compliance with and fulfillment of the requirements of environmental legislation. Administrative supervision is a specific type of state control. Its essence is to monitor the implementation of environmental regulations in force in the field of management. Supervision is carried out in relation to executive authorities, enterprises, public formations and citizens.
Environmental control as a legal measure performs a number of functions - preventive, informational and punitive.
The role of the preventive function lies in the fact that the subjects of environmental control, knowing about the possible verification of their compliance with legal environmental requirements, are independently active in fulfilling the requirements of the law and preventing violations. The information function is related to the fact that in the process of control, the relevant authorities and persons collect a variety of information about the environmental activities of controlled and supervised objects. The punitive function is manifested in the application of legal sanctions against violators of legal environmental requirements.
In the environmental practice of Russia, the following types of environmental control are distinguished: state, departmental, industrial, municipal, public. The criteria for such a classification are the subject on behalf of which the control is carried out, and the scope of control.
Environmental monitoring- this is a system of long-term observations of the state of the environment, assessment and forecast of changes in its state under the influence of natural and anthropogenic factors. In accordance with the legislation, both the environment as a whole and its individual components - land, water, atmospheric air and other natural objects - are monitored.
The organization and conduct of environmental monitoring is regulated by many acts of environmental legislation at the level Russian Federation and its subjects, including the Laws on Environmental Protection (Article 63), on Hydrometeorological Services, on Subsoil (Article 36.1), on the Protection of Atmospheric Air (Article 23), on Fauna (Article 15), on Inland Sea Waters , the territorial sea and the adjacent zone of the Russian Federation (Article 36), the Land Code of the Russian Federation (Article 67), the Water Code of the Russian Federation (Article 78), the Forest Code of the Russian Federation (Article 69). The Law on Sanitary and Epidemiological Welfare of the Population provides for social and hygienic monitoring (Article 45), which contains elements of environmental monitoring.
Legislation establishes the obligation to conduct state and non-state monitoring of the environment. Thus, the Regulation on the assessment of the impact of planned economic and other activities on the environment in the Russian Federation obliges legal entities and individual entrepreneurs to develop proposals for an environmental monitoring program at all stages of the implementation of the planned economic and other activities.
Some general and basic provisions on environmental monitoring are formulated in the Law on Environmental Protection. According to Art. 63 state environmental monitoring is carried out in accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation in order to monitor the state of the environment, as well as to meet the needs of the state, legal and individuals in reliable information necessary to prevent and (or) reduce the adverse effects of changes in the state of the environment. The procedure for organizing and implementing state environmental monitoring is established by the Government of the Russian Federation. Information about the state of the environment, its change, obtained in the course of state monitoring of the environment, is used by state authorities of the Russian Federation and constituent entities of the Russian Federation, bodies local government to develop forecasts of socio-economic development and make appropriate decisions, develop federal programs in the field of environmental development of the Russian Federation, target programs in the field of environmental protection of the constituent entities of the Russian Federation and environmental protection measures.
In order to increase the efficiency of work to preserve and improve the state of the environment, the Decree of the Government of the Russian Federation of November 24, 1993 created the Unified State System of Environmental Monitoring. All specially authorized state bodies in the field of environmental protection and the use of natural resources participate in it.
Roshydromet, which is a specially authorized state body in this area, has the most solid monitoring base. Thus, in 1998, observations of the state of the atmosphere were carried out regularly at 602 stationary posts in 238 cities and towns of Russia. In most cities, concentrations of 5 to 25 substances are measured.
Soil sampling was carried out in 176 farms located on the territory of 36 constituent entities of the Russian Federation. In the selected samples, 21 names of pesticides are determined.
Over 120 water bodies, where 156 control points are located, are covered by observations of pollution of surface waters of land by hydrochemical indicators. The observation program includes from 2 to 6 indicators 1 .
Industrial environmental monitoring is being developed, i.е. monitoring carried out by enterprises. For example, since October 1995, a monitoring system has been created at JSC Gazprom. Its design provides for monitoring of pollution sources, volumes of pollutant emissions into the atmosphere and wastewater discharges; information interaction with the territorial services of Roshydromet, the Ministry of Natural Resources of Russia and other bodies.
One of the main results of environmental monitoring is obtaining data on its condition. The law on hydrometeorological service provides for the creation unified state fund of data on the state of the environment, its pollution(Art. 15). The Unified State Data Fund is an ordered, constantly updated set of documented information on the state of the environment, its pollution, obtained as a result of the activities of the Russian Federal Service for Hydrometeorology and Environmental Monitoring, other interested federal executive authorities, their territorial bodies, executive authorities subjects of the Russian Federation, individuals and legal entities(regardless of their organizational legal form) in the field of hydrometeorology and related fields (meteorology, climatology, agrometeorology, hydrology, oceanology, heliogeophysics), monitoring the state of the environment, its pollution. It is formed on the basis of collection, processing, accounting, storage and distribution of documented information about the state of the environment, its pollution. Creation and maintenance of a unified state fund data on the state of the environment, its pollution is regulated by the Decree of the Government of the Russian Federation of December 21, 1999 No.
In accordance with the Law on the Hydrometeorological Service, information on the state of the environment and its pollution is provided to users (consumers) free of charge, as well as on the basis of contracts (Article 17). The regulation on information services in the field of hydrometeorology and monitoring of environmental pollution, approved by the Decree of the Government of the Russian Federation of November 15, 1997, specifies the conditions for providing information. Free information in the field of hydrometeorology and environmental monitoring general purpose is provided to state authorities of the Russian Federation and its subjects, bodies of the unified state system for the prevention and elimination of emergency situations. Other users (consumers) information in the field of hydrometeorology and monitoring of the natural
general-purpose media is provided for a fee in the amount that reimburses the costs of its preparation, copying and transmission over electric and postal networks.
Environmental monitoring data serve as the basis for maintaining state cadastres of natural resources, as well as for making environmentally significant economic and other decisions.
Environmental control (supervision)- a system of measures aimed at preventing, detecting and suppressing violations of legislation in the field.
Types of environmental control
- State environmental control- carried out by federal executive authorities (Rosprirodnadzor) and executive authorities of the constituent entities of the Russian Federation. (Types of state environmental control: state land control, in the field of atmospheric air protection, etc.);
- Industrial environmental control- carried out by the subjects of economic activity (self-control). For the purpose of carrying out industrial environmental control at enterprises, special structural units or positions are provided;
- Public environmental control- is one of the guarantees of ensuring the right of everyone to a favorable environment and to reliable information about its condition. Citizens have the right to exercise public environmental control both individually and jointly.
Environmental monitoring
- complex observations of the state of the environment, assessment and forecast of changes in the state of the environment.
Tasks of environmental monitoring
- Regular monitoring of the state of the environment;
- Storage and processing of information on the state of the environment;
- Analysis of the received information;
- Providing public authorities, local governments, legal entities, individual entrepreneurs, citizens with information about the state of the environment.
Introduction 3
1. Environmental monitoring 4
2. Environmental control: concept, types (state, industrial, public). The system of state environmental control bodies, their powers 8
Conclusion 14
References 15
Environmental control is the most important legal measure to ensure rational nature management and environmental protection from harmful effects, a function of public administration and a legal institution of environmental law. Based on the role of environmental control in the mechanism of environmental protection, it can be assessed as the most important legal measure. It is through environmental control that it is mainly ensured that the relevant subjects of environmental law are forced to comply with environmental requirements. Measures of legal liability for environmental offenses are applied either in the process of environmental control, or with the involvement of other state bodies.
Earlier it was emphasized that the function of environmental control is also carried out in the implementation of other legal measures to ensure rational nature management and environmental protection - environmental regulation, environmental expertise, environmental licensing, environmental certification. But within the framework of all these areas of activity, environmental control, i.e. ensuring the fulfillment of environmental and legal requirements is carried out objectively, incidentally, in relation to each of the named types of activity. The implementation of any of these measures, as well as the conduct of environmental control, is a purposeful activity of specially authorized state bodies, carried out within the framework of the procedure established for them, on the basis of special legal norms.
1. Environmental monitoring
Global monitoring is carried out in accordance with international agreements by a system of observation stations located at different points on the Earth, by exchanging data received by various states in order to monitor the state of the environment, changes occurring in it, including climate change, create a data system, disseminate it, forecasting the development of environmental properties and their impact on humans.
National environmental monitoring is carried out by individual states within their territory. In Russia, the Unified State System of Environmental Monitoring was established in 1993. Its tasks are: monitoring the state of the environment, its pollution, including the atmosphere, surface water, the marine environment, soils, near-Earth space, the radiation situation on the Earth's surface and near-Earth space space, assessment and forecast of climate change, water resources; transboundary transfer of pollutants, etc. In the system of national environmental monitoring, radiation, complex background, space, as well as state monitoring of the continental shelf and the exclusive economic zone are distinguished.
Regional environmental monitoring is a system for observing the state of the environment within an administrative-territorial isolated unit (subject of the Russian Federation) or a part of such a unit or parts of several subjects of the Russian Federation characterized by common natural processes or subject to anthropogenic impact from the same sources.
Local environmental monitoring is carried out at a separate production facility (or part thereof), an object of lawful nature management, a separate area of the territory that permanently or temporarily has a special legal status (for example, in a state reserve, in an ecological disaster zone).
Background monitoring means the observation of phenomena and processes occurring in the environment, minimally affected by human intervention, and is carried out by stations located in biosphere reserves. Of the 99 state natural reserves existing in the Russian Federation, 22 have the international biosphere status (according to the relevant UNESCO certificates).
Impact monitoring (from the English impact - impact, impact) is a kind of monitoring system for sources of anthropogenic impact on the environment in specially designated areas where activities associated with increased environmental risks are carried out.
Socio-hygienic monitoring is a state system for monitoring, analyzing, evaluating and predicting the state of health of the population and the human environment (natural and artificial), as well as determining cause-and-effect relationships between the state of public health and the impact of environmental factors. It is held at the levels: federal, constituent entities of the Russian Federation, municipalities to form a federal information fund data based on long-term observations of the health status of the population, physical, chemical, biological and social factors of the environment, natural and climatic factors, the structure and quality of nutrition, safety food products institutions of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.
Wildlife monitoring - a state system of regular observations of the prevalence, abundance, species composition of wildlife objects, the state of their habitat, including migration routes, other factors in order to preserve biodiversity, scientifically based use and protection of wildlife, prevent the spread of epizootics and other negative consequences. Its variety is sectoral monitoring of aquatic biological resources, carried out in inland sea waters, the territorial sea, on the continental shelf and in the exclusive economic zone RF, in the Caspian and Seas of Azov etc.
Atmospheric air monitoring is a system for monitoring the quality of atmospheric air, the quantity and composition of harmful substances contained in it, and the anthropogenic impact exerted on it by emissions from stationary and mobile sources. It is carried out by sampling air and rainwater by permanent and mobile stations of Roshydromet, sanitary and epidemiological supervision, and other entities.
Monitoring of water resources - monitoring the quality of surface waters, the composition of pollutants in them, the composition and amount of wastewater discharged into water bodies, carried out by chemical and biological (for aquatic flora and fauna) methods using samples taken periodically (monthly) or seasonally .
Land monitoring - a system of basic, periodic and operational observations (surveys, surveys and surveys) of the state of all lands in the Russian Federation in order to identify changes, evaluate them, forecast and develop recommendations for the prevention and elimination of the consequences of negative processes, information support for land management bodies, as well as land owners. It is carried out at the federal, regional and local levels.
Radiation monitoring is carried out by EGASKRO (unified state automated system control of the radiation situation on the territory of the Russian Federation) to determine the levels of radioactivity of environmental elements (water, air, soil, vegetation), ionizing radiation, the amount and composition of radioactive fallout.
Subjects of environmental monitoring - executive authorities of the Russian Federation and constituent entities of the Russian Federation, local governments, specialized organizations authorized to carry out environmental monitoring functions, economic entities, public associations.
Environmental monitoring is carried out by a special observational network. This is a system of stationary and mobile observation points, including posts, stations, laboratories, bureau centers, and observatories. A significant part of the observation network operates within the Russian Federal Service for Hydrometeorology and Environmental Monitoring. In addition, in accordance with the tasks assigned to them in a particular area, certain types of monitoring are carried out by the Federal Service for Supervision of Natural Resources, the Federal Forestry Agency, other federal executive authorities and their territorial bodies. Finally, the constituent entities of the Russian Federation and local self-government bodies create appropriate posts, stations and other elements of the observation network for conducting regional or local monitoring.
The objects of environmental monitoring are the environment as a whole and its individual elements; negative changes in the quality of the environment that can have a negative impact on the health and property of people, the safety of territories; activities assessed by the legislation as posing a potential threat to the environment, human health and environmental safety territories; equipment, technologies, production and other technical facilities, the existence, use, transformation and destruction of which poses a danger to the environment and human health; emergency and other sudden physical, chemical, biological and other circumstances (accidents, incidents, other emergency situations) that can have a negative impact on the environment and human health; territories and objects with a special legal status (for example, protected areas).
Legislation may establish the procedure for registering objects of environmental monitoring, maintaining a unified Register of such objects, restrictions on access to environmental information and other rules governing the organization and implementation of monitoring.
2. Environmental control: concept, types (state, industrial, public). The system of state environmental control bodies, their powers.
Environmental control is one of the most widely used organizational and legal means of environmental protection management. Environmental control is carried out absolutely at all stages of the activity on the use of natural resources and the impact on the environment, one might say, totally. Many bodies and persons are employed in it, differing in their status, departmental affiliation, methods used, and scope of authority. Thus, some entities exercise only environmental control in the narrow sense as verification of compliance with and enforcement of environmental legislation, while others are entitled to exercise supervision in the field of state environmental management. The literature describes in detail different kinds environmental control: state, departmental, industrial and public.
State environmental control is carried out: a) on behalf of the state; b) specially authorized bodies and officials; c) is extra- and supra-departmental in nature; d) is one of the functions of the state environmental management; e) is associated with the application, in necessary cases, of measures of administrative coercion (suspension of activities, deprivation of the right to use natural resources, imposition of fines and other administrative penalties). The literature indicates the existence of several types of state environmental control: depending on the stage of the controlled activity - preventive and current; according to the criterion of the subject of control - general and special. Thus, general environmental control is carried out by the President of the Russian Federation, the Government of the Russian Federation and other entities endowed with general competence or special kind of competence, for example, in the field of export control over the import and export of pathogens of human, animal and plant infectious diseases, technologies that can be used to develop weapons of mass destruction, etc. The transfer of their powers in the field of environmental control to other entities should be formalized separately, reflected in a regulatory legal act, consistent with the status and other powers of these entities. Special control is carried out by bodies authorized in the field of environmental protection and their officials. The rights and obligations of the latter are regulated in detail by environmental and administrative legislation. As a rule, either separate chapters of federal laws, or articles, or by-laws in general, in particular departmental ones, are devoted to this. In accordance with the Decree of the President of the Russian Federation of March 9, 2004 "On the system and structure of federal executive bodies", the implementation of environmental control (and supervision) is entrusted to federal services in the relevant areas of activity, namely: the Federal Service for Supervision in the Sphere of Natural Resources, Federal Service for Supervision of Consumer Rights Protection and Human Welfare, Federal Service for Ecological, Technological and Nuclear Supervision, Federal Service for Technical Regulation and Metrology, Federal Service for Veterinary and Phytosanitary Supervision, Federal Customs Service, Federal Security Service.
In some cases, control can be exercised by other bodies, for example, in accordance with the Decrees of the Government of the Russian Federation dated November 19, 2002 No. 8331 and August 19, 2004 No. 418 “On Approval of the Regulations on the Federal Agency for the Cadastre of Real Estate Objects”, the specified agency is assigned functions of state land control.
The objects of the state environmental control are listed in the Decree of the Government of the Russian Federation dated October 29, 2002 No. 777 “On the list of objects subject to federal state environmental control”2. These include, for example, nuclear power facilities, facilities located on federally owned lands or that have a negative impact on those included in the World cultural heritage and the World Natural Heritage List monuments, as well as those that contribute to transboundary environmental pollution, etc. Dangerous for the environment and therefore controlled at the federal level are - regardless of the form of ownership - such objects of economic and other activities that host more than 10 thousand tons of waste of the 1st and 2nd hazard classes per year; more than 15 million cubic meters are dumped. meters of wastewater per year; more than 500 tons of harmful substances are emitted into the air annually, etc.
Municipal environmental control is carried out by local governments and their officials.
Departmental environmental control is carried out by the central authorities in relation to their subordinate structural entities and organizations, institutions, enterprises within a particular industry. Thus, departmental control over the enterprises of the nuclear complex is carried out by the Federal Agency for Atomic Energy, but the implementation of state environmental control is entrusted to the Federal Service for Environmental, Technological and Nuclear Supervision. The Ministry of Natural Resources of the Russian Federation is entrusted with departmental control over the work of committees of constituent entities of the Russian Federation, but state control over the use of forests, subsoil, water, etc. by all other subjects of economic and managerial activity - is carried out by the Federal Service for Supervision in the Field of Natural Resources, which is under its jurisdiction.
Industrial environmental control is limited to the scope of a specific economic entity, enterprise, organization and is carried out either by its head, or by the heads of individual services (chief engineer, chief power engineer, head of a laboratory, etc.), or by specially organized environmental services (departments) on the basis of the normative act or a special order, authorization of rights and obligations. Types of control structures of the enterprise and the scale, methods of their activities depend on its organizational and legal form. Typically, industrial environmental control includes checking: a) the implementation of plans for environmental protection, including those providing for the improvement of technologies and improvement in product quality, reducing energy costs, the level of consumption of natural resources; b) compliance with environmental rules, standards and regulations of production activities; c) construction of environmental facilities; d) carrying out work on the reclamation of disturbed lands, eliminating other negative consequences of production activities.
Public environmental control in last years has been widely developed not only in the Russian Federation, but also in other countries. Its existence as an important legal institution is based on many international documents that provide for public participation in decision-making that may affect the state of the environment, are associated with environmental risks and the threat of environmental harm, and also regulate the access of citizens and their associations to environmental information. Directions and forms of environmental public control are constantly expanding.
Environmental control is carried out along with other forms (types) of control and supervision: copyright, sanitary, radiation, construction, etc. Sometimes this leads to duplication and clash of departmental interests, sometimes it helps to solve the problem by joining forces and increasing “pressure” on business entities .
Rights and obligations officials bodies of environmental control do not differ from others in the field of public administration and control. These persons have the right to: request and receive information necessary to perform the functions assigned to them; conducting checks of both documentation and the actual state of affairs, including by taking samples, conducting measurements, surveys, etc.; entrance to controlled facilities (if necessary, in compliance with the established regime restrictions); obtaining oral and written explanations from managers and other employees of enterprises, organizations and institutions, other persons; giving opinions on the compliance of activities, the state of the facility, products, materials, raw materials, products and individual parameters and indicators with the requirements of environmental legislation; issuance of mandatory orders to eliminate shortcomings and violations in activities; suspension and (or) termination of environmentally hazardous activities; suspension and cancellation of issued licenses (permits) in case of violation of their conditions; application of administrative penalties, etc. Some categories have the right to use service weapons, special equipment, search and inspection.
Conclusion
Environmental monitoring is a set of organizational structures, methods, methods and techniques for monitoring the state of the environment, changes occurring in it, their consequences, as well as types of activities potentially hazardous to the environment, human health and controlled territory, production and other facilities.
Environmental monitoring is carried out by a special observational network. This is a system of stationary and mobile observation points, including posts, stations, laboratories, bureau centers, and observatories. A significant part of the observation network operates within the Russian Federal Service for Hydrometeorology and Environmental Monitoring.
There are various types of monitoring that are distinguished depending on the scale of the monitoring system - global, national, regional, local, on the level of human alteration of the environment - background and impact, on the monitoring object - ecological, air, water, land (soil), animal world, hazardous waste, radiation, social and hygienic.
Environmental control is one of the most widely used organizational and legal means of managing environmental protection. Environmental control is carried out absolutely at all stages of the activity on the use of natural resources and the impact on the environment, one might say, totally.
Bibliography
1. The Constitution of the Russian Federation. Adopted December 12, 1993 // Russian newspaper 1993. December 25.
2. "On environmental protection". Federal Law of January 10, 2002 No. 7-FZ // Collection of Legislation of the Russian Federation. 2002. No. 2. Art. 133.
3. Forest Code of the Russian Federation dated January 29, 1997 No. 22-FZ. // Collection of legislation of the Russian Federation. 1997. No. 5. Art. 610.
4. Brinchuk M.M. Environmental law. – M.: Lawyer, 2004.
5. Dubovik O.L., Kremer L., Lube-Wolf G. Ecological law. – M.: EKSMO, 2005.
6. Erofeev B.V. Ecological law of Russia. - M, 1996.
7. Krassov O.I. Environmental law. - M., 2001.
8. Ecology. – M.: Norma, 2005.
9. Yarmochkina N.M. Fundamentals of ecology. - Magnitogorsk, 1998.
10. Yassov V. Man and the environment. – M.: Progress, 2000.
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Environmental monitoring(environmental monitoring).
The concept of environmental monitoring. Environmental monitoring as a system of monitoring the state of the environment of the Russian Federation, including in areas where sources of pollution and other negative impacts are located, the state of individual components of the natural environment (atmosphere, water bodies, lands, soils, forests, wildlife, etc.). ), the level of pollution of the environment and its components, including radioactive contamination.
Timely detection of changes, their assessment, prevention and elimination of the consequences of negative processes as the goal of environmental monitoring.
Main objectives of environmental monitoring: a) observation of the physical,
chemical, biological processes; b) watching
the level of pollution of atmospheric air, soils, water bodies: c) monitoring the consequences of the impact of such pollution on plant and animal world; d) providing interested organizations and the population with current and urgent information about changes in the environment and forecasts of its state.
Types of environmental monitoring. Federal, regional and local monitoring. Global environmental monitoring.
The ratio of environmental monitoring with social and hygienic monitoring, monitoring of the social and labor sphere, monitoring of objects of urban planning, safety monitoring hydraulic structures, enterprises, organizations controlled by the Gosgortekhnadzor of Russia, monitoring the factors that determine the emergence of threats to the environmental security of Russia.
Regulation of environmental quality(environmental regulation). The concept of environmental regulation. State regulation of the impact of economic and other activities on the environment, which guarantees the preservation of a favorable environment, the rational use and reproduction of natural resources, ensuring the environmental safety of the population, as the goal of environmental regulation. The procedure for the development and approval of standards in the field of environmental protection. State bodies that carry out environmental regulation.
Types of environmental regulation.
§ Environmental quality standards. Regulations
maximum allowable concentrations of chemical, radioactive,
microbiological substances, maximum permissible levels
harmful physical influences (heat, noise, radiation, etc.)
§ Standards for permissible environmental impact
environment established for users of natural resources (legal
and individuals). Standards for permissible emissions and discharges
substances and microorganisms. Limits on emissions and discharges
pollutants, the procedure and conditions for their establishment.
Standards for the generation of production and consumption waste and
limits on their placement. Standards for permissible physical
impacts (amount of heat, levels of noise, vibration, ionizing radiation, electromagnetic fields and
other physical influences).
§ Standards for allowable removal of environmental components.
§ Norms of permissible anthropogenic load on the environment.
§ Technological standards for permissible emissions and discharges of substances and microorganisms. Technical standards for vehicle emissions.
§ Standards for other permissible environmental impact.
§ Standards for the use of agrochemicals and pesticides in agriculture. Standards for the maximum permissible residual amount chemical substances in food products.
§ Environmental requirements for products in the standards for new technology, technologies, materials, substances and other products that can have a harmful effect on the environment (environmental requirements for products).
§ State standards and other regulatory documents in the field of environmental protection. Standards for sanitary, protective zones, sanitary protection zones, suburban green zones.
Correlation of environmental standards with each other and with international standards.
§ Correlation of environmental quality regulation with regulation of the quality of the marine environment of internal sea waters and the territorial sea, regulation in the field of atmospheric air protection, state regulation in the field of ensuring radiation safety, regulation in the field of waste management.
§ Correlation between environmental quality regulation and state sanitary and epidemiological regulation.
§ Correlation between environmental quality regulation and state regulation of agricultural land fertility, regulation in the field of use and protection of wildlife and its habitat, other types of regulation in the field of use and protection of natural resources.
Legal consequences of violating the requirements of environmental standards.
Ecological control and supervision.
§ The concept of environmental control and supervision as: a) functions of environmental management; b) legal institution (intersectoral and environmental law institutions); c) guarantees of compliance with environmental laws, compliance with environmental requirements, implementation of environmental programs, plans and activities; d) the legal form of activity in this area.
§ Ensuring the achievement and maintenance of the quality (state) of the environment as a place and conditions for the life and activities of living and future generations as the goal of environmental control and supervision.
§ Principles of environmental control and supervision: a) the principle of independence of bodies and officials of environmental control and supervision in the exercise of their control activities; b) the principle of minimization (overcoming the plurality) of environmental control and supervision bodies; c) the principle of separating the functions of legal regulation, control and supervision functions and functions for the provision of public services and for the management of state property.
§ Own functions of environmental control and supervision: a) informational; b) warning; c) suppression of environmental offenses.
§ Types of environmental control and supervision: a) state, including federal environmental supervision; b) public environmental control; c) municipal environmental control; d) departmental environmental control; e) industrial environmental control. Preventive, current and subsequent environmental control and supervision.
§ Powers of environmental control and supervision bodies: a) precautionary nature; b) to suppress environmental offenses; c) to bring to legal responsibility.
§ The procedure for conducting state environmental control and supervision. Features of carrying out state environmental control and supervision in closed administrative-territorial formations, at sensitive, special regime and especially important facilities of the Armed Forces of the Russian Federation. The procedure for conducting state environmental control and supervision at objects of economic and other activities under the jurisdiction of the Russian Federation that contribute to transboundary environmental pollution and (or) have a negative impact on the environment within the territories of two or more constituent entities of the Russian Federation (federal control).
§ Bodies of state environmental control and supervision.
§ Correlation of environmental control and supervision with environmental monitoring, environmental expertise, environmental audit and other functions of environmental management.
§ The rights of legal entities and individual entrepreneurs in the course of state environmental control and supervision and ways to protect them.
Audit in the field of environmental protection(environmental audit). The concept of environmental audit as: a) functions of environmental management; b) entrepreneurial activity. The purpose and objectives of environmental audit.
Auditors. Legal requirements for auditors. Code of Professional Ethics for Auditors. Correlation of environmental audit with independent auditing activities in the field of prevention and liquidation of emergency situations, insurance of liability for causing harm in the event of an accident at a hazardous production facility. Correlation of environmental audit with subsoil use audit and other types of audit in the sphere of natural resources use.
Licensing certain types of activities in the field of environmental protection (environmental licensing).
§ The concept, goals and objectives of environmental licensing.
§ Types of environmental licensing. Licensing of activities for the treatment of production and consumption waste, including hazardous waste. Licensing in the field of hydrometeorology and environmental monitoring. Other types of environmental licensing.
§ The ratio of licensing in the field of environmental protection with licensing in the field of use and protection of land (including reclaimed land), licensing in the field of use and protection of subsoil, licensing in the field of use and protection of water bodies, licensing of activities for the use of the forest fund, licensing in the field of protection and use of the animal world, licensing of industrial fishing and fish farming, licensing of activities for the collection and sale of raw materials from wild medicinal plants and other types of licensing in the field of use and protection of natural resources.
Certification in the field of environmental protection.
The concept of environmental certification: a) as a function of environmental management; b) as a type of works (services) for environmental purposes. Mandatory and voluntary environmental certification.
Ensuring product safety for the environment, ensuring human environmental safety, rational use of natural resources as the goal of environmental certification. Types of certification aimed at achieving environmental goals. Safety certification of hazardous industrial and other facilities. Certification of drinking water, materials, technological processes and equipment used in domestic and drinking water supply. Compulsory certification of forest resources, including mandatory certification of standing wood and secondary forest resources, and other types of certification.
The procedure for conducting environmental certification.
Practical lesson(6 hours)
Questions and tasks
1. State environmental monitoring.
2. Ecological control: concept, types. The system of state environmental control bodies, their powers.
3. Environmental audit and activities in the field of environmental management.
3. Ecological regulation. Types of environmental standards and their legal significance. Technical regulation of product quality, production processes and environmental protection.
4. Ecological licensing.
5.Environmental certification.
Tasks
Task 1. The head of the economic company has an intention to carry out the following activities in order to make a profit:
Waste management activities, organization of work on the management of production and consumption waste;
Activities for the collection, transportation, neutralization, disposal of sediments treatment facilities local drainage networks, treatment facilities for subscribers of the city drainage network and vehicle washes, production facilities;
Carrying out work on the reclamation of landfills and landfills for the disposal of production and consumption waste;
Activities for the collection, recycling, storage, movement, burial, destruction of materials and substances, including hazardous ones (except for radioactive ones);
Environmental certification of production, economic and other facilities;
Ecological certification of production, technological processes, equipment, products, production waste;
Environmental auditing of production, economic and other facilities, technological equipment, conditions for conducting activities subject to licensing;
Environmental training, advanced training and professional retraining of specialists from enterprises, organizations, entrepreneurs and individuals in the field of environmental knowledge;
Development of the "Environmental Protection" section as part of design documentation for the construction, expansion, reconstruction of economic and industrial facilities, urban planning documentation;
Development of draft standards for maximum permissible and temporarily agreed emissions of pollutants into the atmosphere (including radioactive) and discharges into water bodies; standards for vibration, noise and other types of physical impact on the environment; limits for the placement of production and consumption waste;
Conducting an environmental impact assessment during development project documentation industrial, economic and other objects and complexes;
Development of environmental justifications for conducting (expanding, changing) economic and other activities;
Assessment of environmental safety of materials, substances, technologies, equipment;
Works and services for the elimination of environmental consequences caused by man-made and natural emergencies;
Carrying out work to restore the fertility of recultivated lands, the implementation of anti-erosion measures;
Carrying out works on gardening of territories;
Carrying out work on the improvement and reconstruction of water bodies, carrying out dredging and other works on water bodies, extracting sunken wood and other items;
Installation of instruments, measuring instruments, environmental protection devices;
Installation and operation of instruments and measuring instruments for monitoring the state of the environment;
Ecological consulting.
When discussing these types of activities at the meeting, the question arose whether it is necessary to obtain a license to carry out these types of activities. The legal adviser of the company believed that since these activities are not listed in Art. 17 federal law"On Licensing Certain Types of Activities", they are not subject to licensing. At the same time, it was decided to contact Moskompriroda for clarification.
Moskompriroda received a response that the listed activities are included in the list of environmental protection activities subject to licensing, which is contained in the Procedure for licensing certain types of environmental protection activities in Moscow, approved by the order of Moskompriroda dated January 27, 2000 No. 24, therefore, they are licensed.
Is the explanation of Moskompriroda legal and justified?
Task 2. In one of the regions of the Far North, the regional fisheries inspection found a large oil slick on the surface of the reservoir. The check showed that it was formed as a result of a leak in one of the tanks of the fuel and lubricants warehouse. The Territorial Committee for Water Resources filed a claim for compensation for damage caused to the natural environment. The defendant did not recognize the claim, referring to the fact that the fuel storage technology was not violated. The examination appointed by the arbitration court established that the leak in the tank arose due to the unsuitability of the material from which it was made for operation in the Far North. However, the tanks were manufactured and installed in the warehouse according to the project.
What other measures provided by law can be taken by state environmental control authorities?
Who should be held responsible in this case?
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