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Enforcement
of the Ozone Depleting Substances Regulation 2037/2000
by the Inspectorate of Housing, Spatial Planning
and the Environment of the Netherlands
In 2001, the VROM-Inspectorate, together with
other enforcement agencies in the Netherlands,
conducted compliance monitoring and enforcement
of the Ozone Depleting Substances Regulation.
This was part of the European compliance monitoring
and enforcement action Eurozone. The report will
be available mid-2003. The main results of the
Dutch action are:
| Stationary
cooling units. In 2001, approximately
1700 companies with stationary cooling units
were checked. In 50% of the inspections, one
or more offenses were detected; offenses were
with the catering industry, government buildings,
meat and fish processors, and vegetable growers.
For small offenses, as in no instruction card
with the cooling units, a warning was given.
For more serious offenses like insufficient
maintenance or leakage of the unit, administrative
or criminal actions were taken. This happened
with 10% of the companies. |
| Shipping
industry. In conjunction with the
Shipping Inspectorate, the VROM-Inspectorate
inspected the leakage of cooling material
(mainly HCFC) on ships. During the period
of 1996 to 2001, the average loss of cooling
material from merchant navy ships and trawlers
was 50%. With cutters the average loss was
80%. These figures were established by counting
the quantities delivered to ships by suppliers
and the quantities purchased by shipowners.
This leakage is much higher than the loss
from cooling units on land, which is approximately
4.5%. Two shipowners were ticketed by the
VROM-Inspectorate. |
| Mobile
sources. In 2001, a total of 3,.500
trucks and buses were checked together with
the Police, Customs and the Traffic Inspectorate.
Of these trucks and buses, 218 had a cooling
unit and 10% of these did not comply with
the Ozone Regulation and got a official ticket
mostly because of insufficient maintenance
and for not having a leakproof installation. |
| Production
and trade. One of the largest production
companies of the world for CFC operates in
the Netherlands. Compliance monitoring in
2001 revealed no problems with release of
CFCs from the company. With Customs an agreement
was signed to make the compliance monitoring
of the Ozone Regulation part of their regular
custom activities. |
More
information available from: nico.peeters@minvrom.nl,
chiel.bovenkerk@minvrom.nl,
or jos.vandenberg@minvrom.nl.
South
Africa Orders Foundry's Closure for Air Quality
Violations
On
December 13th, 2002 the Director General of the
Department of Environmental Affairs and Tourism,
Dr. Crispian Olver ordered the closure of Vesuvius
South Africa (Pty) Ltd for violating Section 31A
of the Environment Conservation Act of 1989.
The
Act gives the Minister the power to cease activity
- or to take such steps as the Minister or a competent
authority may deem fit - where the environment
is damaged, endangered, or detrimentally affected,
with a view to eliminating, reducing or preventing
the damage, danger, or detrimental effect. After
receiving several complaints from the public about
dust emissions emanating from the premises of
Vesuvius South Africa (Pty) LTD, the Department
of Environmental Affairs and Tourism advised the
company that it does not comply with air quality
requirements as documented on the registration
certificate No. 23/4/508 dated February 15, 2000.
Section
24 of the Bill of Rights states: "Everyone
has the right to an environment that is not harmful
to their health or well being to have the environment
protected, for the benefit of present and future
generation through reasonable legislative and
other measures that - prevent pollution and ecological
degradation, promote conservation, secure ecologically
sustainable development and the use of natural
resources while promoting justifiable economic
and social development."
This
section of the Bill of Rights specifically imposes
a duty on the State to promulgate legislation
and take other steps to ensure that, among other
things, pollution and ecological degradation are
prevented. Based on the investigation and interaction
with Vesuvius, the Department concluded that the
company has not responded adequately to efforts
to secure compliance with the conditions obtained
in the registration certificate through a cooperative
approach. For more information, contact: Phindile
Makwakwa, Media Liaison, pmakwakwa@ozone.pwv.gov.za.
Man
Sentenced in US for CFC Conspiracy
Douglas
E. Castle, of Huntington, N.Y., was sentenced
on November 7, 2002 in U.S. District Court in
New Haven, Connecticut, for conspiracy to defraud
the United States of taxes due on hundreds of
tons of chlorofluorocarbon refrigerant gasses
(CFCs). His sentence included 15 months in prison,
followed by three years of supervised release.
Castle admitted that he assisted his co- defendants
Barry Himes, John Mucha and Richard Pelletier
in their conspiracy. Castle set up a shell company
in Wyoming that was used to import CFCs. He also
used a false loan agreement to conceal the receipt
of income and processed more than $1.3 million
of CFC sales from offshore bank accounts and a
Nevada bank account through his New York bank.
CFCs are highly regulated because their release
into the atmosphere damages the Earth's ozone
layer, which protects people, animals and plants
from the harmful effects of ultraviolet radiation.
EPA's Criminal Investigation Division, the Internal
Revenue Service's Criminal Investigation Division,
and the US Customs Service investigated the case.
For more information, visit http://www.usnewswire.com/topnews/prime/1121-123.html.
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