The Provincial Environmental Protection Inspector (WIOŚ) has determined that environmental protection regulations have been violated in your company and has issued post-inspection orders? Check how to implement them and what to do to avoid further sanctions?
Post-control orders – what scope can they have? What are the consequences for not implementing them?
The Voivodship Inspectorate for Environmental Protection issues post-inspection orders pursuant to the Act of 20 July 1991 on the Environmental Protection Inspection (Journal of Laws 1991 No. 77, item 335, as amended). According to its provisions, the body cannot impose on the inspected enterprise no other duties in the field of environmental protection other than those resulting from administrative decisions issued for it and generally applicable law.
During the inspection, WIOŚ determines: what environmental protection regulations have been violated in the enterprise, i.e. what obligations have not been performed. In the post-inspection order, the WIOŚ specifies the steps that should be taken within the time specified by the WIOŚ to eliminate the violations. It also sets the deadline by which the manager of the inspected unit must inform the body about the method of eliminating the irregularities.
A post-control order is a kind of alert about a breach of environmental protection obligations. It is a mild disciplinary measure, the primary goal of which is to bring the undertaking to a state consistent with the law. The body issues them based on the inspection findings documented in the protocol, even if only one irregularity is found.
What is the penalty for failure to comply with a post-inspection order?
If you do not inform the body about the execution of the orders or inform the body about their execution in a false manner, you will commit an offence. According to art. 31a of the aforementioned act on the Environmental Protection Inspectorate, you may be punished for this a fine, imprisonment, and even deprivation of liberty. Therefore, there is no point in delaying the removal of deficiencies.
How to implement post-inspection orders?
The received letter containing post-inspection orders should be responded to within the time specified by the body, remembering to refer to each of the points included in it. WIOŚ expects to take action actions aimed at eliminating deficiencies – and it is the response to the letter containing post-inspection orders that should inform the body about the fulfilment of these obligations.
Don't know how to implement post-inspection orders? Contact the environmental experts. At EkoMeritum we will dispel all your doubts and help you remove the violation. Just call or write to us and explain what the problem is, and we will find a solution.
Post-inspection order – can it be appealed?
The standard administrative decision appeal procedure does not apply to the post-inspection order. If you want to challenge its validity or disagree with its content, you can do so sue before the provincial administrative court by filing a complaint. You have 30 days from the date on which you learned about its issuance to do so.
It is possible to repeal the act, if the court finds that its defect is of a fundamental and irremovable nature.
A post-inspection order is one of the tools that allows environmental protection authorities to discipline companies that violate the law. It is usually issued if the WIOŚ inspection shows discrepancies between the actual state and the one postulated in the documents or failure to comply with the law applicable to the entity. It will not be justified in every case, so you have the option to appeal it.
If you have no reservations about the validity or content of the post-control order, you have no choice but to implement it. You can ask for help environmental protection experts. They will dispel all your doubts and advise you what to do, to act in accordance with the law and administrative decisions issued.
