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/

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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. 8

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

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