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ENFORCEMENT TOPICS: AIR & ATMOSPHERE

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
CFC containers. Photo (c) USDA.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.