Report of the Executive Workshop on Environmental

Compliance & Enforcement held at the Kenya School of

Monetary Studies, Nairobi, Kenya from 3-5 May, 2010.

East African Network for Environmental Compliance & Enforcement (EANECE)

www.inece.org/eanece/

E EANECE
REPORT OF THE EXECUTIVE WORKSHOP ON ENVIRONMENTAL COMPLIANCE &
ENFORCEMENT HELD ON 3RD – 5TH MAY, 2010 AT THE KENYA SCHOOL OF
MONETARY STUDIES, NAIROBI, KENYA.

1.0 Introduction
On 6-7 May, 2010, delegates from the East African nations of Kenya, Uganda, Tanzania,
Rwanda and Burundi, along with environmental compliance and enforcement experts from the
international community, gathered in Nairobi, Kenya, for the Launching Conference of the East
African Network for Environmental Compliance and Enforcement (EANECE).The conference
was preceded by three days of capacity building workshops from 3-5 May, 2010 on:

 Principles of Environmental Compliance and Enforcement.

 Conducting Environmental Compliance Inspections.
 Developing Performance Measures for Environmental Compliance and Enforcement Programs.

On behalf of all the EANECE members and the participants to the workshop, the EANECE
Secretariat extends its sincere gratitude to the US Environmental Protection Agency (EPA), the
INECE Secretariat, USAID Kenya and the National Environment Management Authority
(NEMA-Kenya) for partnering with EANECE to ensure the success of the workshop. The
knowledge and skills gained during the training will for sure enhance the capacity of the
participants and their institution for better enforcement of environmental requirements. This
report gives a brief overview of the topics covered and the outcomes of the capacity building
workshops.

Participants at the EANECE Capacity building workshop on 3-5 May, 2010

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2.0 Workshop on Principles of Environmental Compliance and Enforcement,
3rd May, 2010.

Facilitators:
 Davis Jones – US EPA
 Chris Denley – EPS (Danida)
 Gerry Opondo – EANECE

Mr. Davis Jones, an environmental compliance and enforcement expert from the US Environmental
Protection Agency (EPA) was the lead facilitator for this course assisted by Mr. Chris Denley and Mr.
Gerry Opondo. The session began with a lecture outlining a brief overview of the course. Mr. Jones
explained the basic principles needed to develop a program, which can enable a government to
effectively monitor for compliance and enforcement with the environmental requirements in any
country. These principles include:
 environmental awareness;
 goal setting;
 selection of management approaches;
 development of legal requirements;
 development of implementation strategy/program (compliance promotion, inspections,
response to violations, penalty policy); and measuring for success.

Mr. Davis Jones delivers a lecture during the workshop

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2.1 Introduction to case study.
The Saludia case study, which focuses on solid waste disposal problems, was used. Saludia is a
recently industrialized province that has seen rapid increases in urbanization and industrial activity.
Residents in Landville, one of the major cities, are particularly worried about severe environmental
health problems they have seen resulting from improper waste management, including air pollution
from open burning, water pollution, and other health risks.

2.2 Exercise: Designing Environmental Management Approaches

The participants were divided into three groups. Each group then developed a management plan to
resolve Saludia’s problems. To develop the plan, the participants chose from among a list of options
for a management approach provided in the homework reading on Saludia. The groups then
discussed the different approaches in the plans. Mr. Chris Denley facilitated this session.

2.3 Exercise Writing Enforceable Requirements

The participants worked together to develop about three legally enforceable requirements based on
the options chosen for the environmental management plans in the previous exercise. This session
was facilitated by the EANECE Coordinator Gerry Opondo.

2.4 Exercise: Compliance Promotion/Balancing Promotion and Enforcement

First, the participants discussed possible approaches for promoting compliance with the enforceable
requirements developed in the previous exercise. Then the participants discussed how the
government authority responsible for implementing the compliance and enforcement program will
need to periodically reassess how it allocates or balances its financial and staff resources between
compliance promotion and enforcement activities.

2.5 Exercise: Monitoring Compliance

Using the same enforceable requirements, the participants developed a scheme for monitoring the
targeted groups for compliance. Based on limited resources in Saludia, the participants also
determined the number of yearly inspections for the different targeted groups.

2.6 Exercise: Response to Violations

The participants discussed possible violations of the enforceable requirements and various
enforcement responses to those violations.

2.7 Exercise: Penalty Policy

The facilitator, Davis Jones, discussed a penalty policy that included calculations based on the
severity or significance of the violation, the economic benefit of noncompliance, and various penalty
adjustment factors.

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2.8 Exercise: Evaluating Program Success
This exercise examined various numerical indicators of pollution changes in Saludia four years
after a environmental management plan went into effect. The facilitator discussed a variety of factors
that may affect the evaluation of the overall program for Saludia.

3.0 Workshop on Conducting Environmental Compliance Inspections – 4th May,

2010.

Facilitators:
 Davis Jones – US EPA
 Chris Denley – EPS (Danida)
 Eric Njue – NEMA Police Unit

3.1 Introduction
The introduction covered the following areas:
 the goal of environmental compliance;
 principles of compliance and enforcement;
 compliance promotion tools; and
 the relationships in the enforcement process.

3.2 Role(s) of the Inspector

In this session the participants were taken through:
 the different types of inspections;
 the ethical considerations when conducting environmental inspections: and
 the responsibilities of the environmental inspector.

3.3 Enforceability of Requirements

This session focused on:
 translating requirements into verifiable items;
 different types of requirements;
 evaluating requirement; and
 implementation of the requirement.

3.4 Collecting Evidence

Participants learnt:
 the different types of evidence;
 verification and documentation of evidence; and
 evidence protection and control.

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3.5 On-Site Activities
In this session, participants went through:
 the various aspects of on-site activities including interaction with the company;
 access to site;
 site walk-through and visual inspection.
This was followed by a discussion of different participants’ experiences regarding inspections.

3.6 Sampling and Analysis

The areas covered in this session included:
 planning for sampling;
 representativeness of the sample; and
 ensuring quality results.

3.7 Preventing Mistakes

This session involved a group exercise to find errors in sampling. Participants then discussed how to
prevent the errors during sampling.

3.8 Documenting Inspections

Participants learnt the various ways of documenting inspections including:
 checklist vs. narrative format;
 tips for writing the inspection report; and
 report format and content.

3.9 Enforcement Process

The areas covered in this session included:
 translating discovery of violation to resolution;
 penalty calculation;
 negotiation and settlement;
 Court process; and
 resolution strategies.

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4.0 Workshop on Environmental Compliance & Enforcement Indicators 5th
May 2010,

Facilitators:
 Ken Markowitz – INECE Secretariat
 Davis Jones – US EPA

4.1 Introduction
Mr. Ken Markowitz introduced the course, starting with the definition and classification of
Environmental Compliance & Enforcement (ECE) indicators.

Mr. Ken Markowitz delivers his lecture during the workshop

4.2Benefits and Uses of ECE Indicators

This session highlighted the different questions that indicators can answer as well as the
characteristics of indicators.

4.3 Designing ECE Indicators

Participants were taken through the logical model of Identifying ECE indicators.

4.4 Using ECE Indicators

This session focused on:
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  best practices for using ECE indicators;
 challenges for the use of ECE indicators; and
 questions for program evaluation.

4.5 Examples from the United States

Participants learnt about:

 the development and use of ECE indicators at USEPA;
 what the inputs involved were ;and
 what the results have been.

4.6 Limitations to Indicators

Participants were taken through some of the limitations that have been identified over time with
respect to ECE indicators. These include:
 differences between environmental indicators and program management indicators;
 limitations of their use;
 surveys and the level of confidence of the results.

4.7 Examples of Indicators in Use in Participating Countries

In this session participants shared examples of indicators in use in their respective countries.

L-R: EANECE Coordinator Gerry Opondo, EPS Technical Advisor Chris Denley and
INECE Deputy Director Ken Markowitz follow proceedings during the workshop.

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Ms. Lyria Ariella Dushime from Burundi receives her certificate of attendance from USEPA's Davis Jones.