With the entry into force of the amended Act on the Inspectorate for Environmental Protection, the inspectors of the Voivodeship Inspectorate for Environmental Protection gained new inspection possibilities. What changes should be expected? Can inspectors use drones? If so, on what terms?
VIEP inspection - when can inspectors use drones? Legal basis
The amendment to the provisions on the principles of conducting environmental inspections of VIEP gave inspectors the green light to use specific types of technical means during their inspection activities. This is about unmanned aerial vehicles, commonly referred to as drones, which allow you to easily and quickly obtain information useful for VIEP.
Pursuant to the amended Act on the Inspection of Environmental Protection (Journal of Laws 2021.0.1070), inspectors may carry out the necessary measurements or tests (including taking samples or performing other control activities) with the use of drones during the inspection in order to determine and assess the state of the environment on the premises of controlled properties or facilities, as well as specifying the conditions for conducting activities, which have been individually defined in administrative decisions. In practice, this means that the following can be carried out using drones:
- initial inspection – it allows you to select a property, facility or part thereof, on which a traditional inspection will be carried out,
- self control – allows you to determine whether there are violations of environmental law regulations on the property, e.g. incineration or illegal dumping of waste. Then the drone is equipped with measuring devices that are to register any irregularities,
- intervention control – carried out in connection with a complaint or an intervention regarding environmental pollution, or a suspicion of pollution or an accident, or in order to prevent the commission of a crime/offence.
For example, WIOŚ control using drones may show a higher number of gas and dust emitters into the air than indicated in the integrated permit by the inspected entity. This will allow draw certain consequences on the post-inspection procedure.
The use of drones during VIEP inspections - what does the inspection act and the Entrepreneurs' Law say?
VIEP inspectors are entitled to use drones also under Art. 10b of the Environmental Protection Inspection Act, i.e in case of suspicion of committing a crime against the environment. Then, using unmanned aerial vehicles, they can take actions that consist in observing and recording the image and sound of events.
Nevertheless, the Entrepreneurs' Law Act allows inspection activities to be carried out by VIEP inspectors and with the use of drones without the need to show a business card and informing the inspected entity about its obligations and rights during the inspection, if the inspector (unmanned aerial vehicle operator) is outside the area to which the operator has a legal title.
What is important, however, are the activities performed by Environmental Protection Inspectors, which require the presentation of an identity card as well as authorization to carry out inspections. They are mentioned e.g. in art. 10b of the Act on the Inspectorate for Environmental Protection. The aforementioned provision concerns various aspects of environmental protection - including inspections in the field of waste management.
The use of drones by VIEP inspectors allows for a simple and quick selection of a property or facility for traditional inspection or to collect the necessary evidence and draw consequences in the event of non-compliance with environmental protection regulations. Therefore, new permissions of controllers were received with enthusiasm. Unfortunately, they have their limitations. In certain cases, the necessity for an inspector to present his/her official ID card before starting inspection activities eliminates the element of surprise, which is crucial in operational activities, and may hinder the detection of environmental crimes.
