The previous article described the types of inspections performed by WIOŚ (in-plant inspection, inspection without an established entity and inspection based on documentation) and indicated the documents that may be required during the inspection.

In this article, we will present a description of sample documents required during the inspection and write what powers WIOŚ inspectors have during the inspection.

Sample documentation required during inspection

• documents concerning the formal and legal status (deed of ownership, lease/lease agreement, extracts from land and mortgage registers, etc.)
• decisions on environmental conditions, building permits, use permits, notifications, decisions regarding environmental protection
  technological descriptions of installations, parameters, diagrams, technical documentation of installations, reports, impact reports
• data on: production volume, employment, consumption of energy, raw materials and fuels
• registers and reports: e.g. records of waste produced, waste transfer cards, reports submitted to the marshal regarding fees for using the environment
• results of self-monitoring measurements, hours of operation of installations, logbook of operation of installations and devices, confirmations of transferring measurement results to the competent authorities
• invoices for purchase of raw materials, products, fuels, etc.
• other documents resulting from special regulations and the specific nature of the business activity conducted.

The inspector prepares a report of the inspection activities, one copy of which is delivered to the manager of the inspected organizational unit or the inspected natural person. This report is signed by the inspector and the manager of the inspected organizational unit or the inspected natural person, who may submit justified reservations and comments to the report. In the event of a refusal to sign the report, the inspector makes a note of this in the report, and the person refusing to sign may, within seven days, present their position in writing to the competent body of the Environmental Protection Inspectorate. A refusal to sign the report suspends the body from taking further post-inspection activities until the deadline for submitting a written position by the entrepreneur expires.

Powers of the WIOŚ inspector during the inspection

During the inspection, the Inspector is entitled to the following pursuant to the provisions of the Act of 20 July 1991 on the Environmental Protection Inspectorate:

• 24-hour access, together with the necessary equipment, to the premises, facility or parts thereof where business activity is conducted, to means of transport, to areas not related to conducting business activity;
• carrying out necessary measurements or tests, including taking samples (e.g. during field inspections in the field of water and sewage management, samples of sewage or surface water may be taken for testing below or above the sewage discharge. These tests are carried out by the Central Research Laboratory (CBL) operating within the structure of the Chief Inspectorate for Environmental Protection, at the request of the provincial inspector for environmental protection carrying out the inspection or performing other control activities, including using unmanned aerial vehicles;
• requesting the suspension of traffic or the start-up of installations or devices, including means of transport, and refraining from performing other activities to the extent necessary to carry out the tests, including taking samples and taking measurements;
• determining the identity of persons and requesting the presentation of documents necessary to impose a fine by way of a penalty notice or to prepare a motion for punishment and to impose fines in penalty proceedings for offences against the environment;
• requesting written or oral information and summoning and questioning persons to the extent necessary to establish the factual circumstances, while advising them of criminal liability for making false statements, as referred to in the Penal Code;
• assessing the manner of operating installations or devices, including means of transport and applied technologies and technical solutions;
• requesting the production of documents, including financial documents and the provision of all data related to the issue of control;
• assessing the method of performing emission measurements, the amount of water taken and sewage discharged by the unit conducting the measurements, including the correctness of the method of sampling and analysis and determining the morphological composition of waste based on circular knowledge.

How to prepare?

Investeko Serwis can prepare an analysis of the complane of activities with regard to environmental protection law. The result of such an analysis is a protocol that is an internal document of the client. The protocol consists of several sections and we provide our recommendations for each area examined. If necessary, one of our specialists is present during the inspection and provides support during this time.