Inspection of enterprises in terms of compliance with the provisions of the environmental protection law is one of the powers of the Voivodship Inspectorates for Environmental Protection. However, it does not always go as it should. There are difficulties in carrying out inspections on the part of entrepreneurs. Why should you not interfere with the control process? What's at stake for that?
Obstructing VIEP control - what does this phrase mean? What actions are punishable?
Obstructing VIEP control should be understood as any disruption of the control processwhich even partially prevents or makes it difficult for the Environmental Protection Inspection body to determine the facts and achieve the purpose of the inspection. It includes all behaviors that interfere with the normal course of control activities.
In order to hinder the activities of VIEP, the entrepreneur may, for example:
- extend the time of inspection, e.g. by not receiving correspondence,
- prevent inspectors from entering the premises of the entity,
- refuse the inspector's legitimate request,
- complicate the inspection,
- prevent the collection of samples for analysis,
- refuse to hand over documents
- and even attempt to deliberately deceive the inspector.
What is the risk of hindering the VIEP inspection? Administrative and criminal liability of the entrepreneur
For preventing and hindering VIEP inspections administrative and criminal liability. The penalties are so severe that disruptions to inspections are rare. Nevertheless, they still happen. What threatens an entrepreneur who tries to prevent the inspector from carrying out official activities? When will the authority impose penalties?
1. Administrative Responsibility. It results in the imposition of an administrative fine on the entrepreneur. According to Art. 31c sec. 1 point 2 of the Act of 20 July 2991 on the Inspectorate for Environmental Protection (Journal of Laws of 2021, item 1070), it may amount to PLN 10 to PLN 000. The fine is imposed by the competent authority of the Environmental Protection Inspection - by way of a decision which may be made immediately enforceable.
Administrative liability includes: behind failure to submit the required documents i refusing to answer to controller inquiries. In order to establish the facts, the VIEP inspector may request the entrepreneur to provide written or oral information. Failure to comply with this obligation may be classified as hindering VIEP inspections. Importantly, the information provided to the controller must be factual and comprehensive.
In order to establish the facts, VIEP has the right to summon the entrepreneur for a hearing. If he will refused to accept the call in order to avoid the conversation, it may be classified as hindering the VIEP inspection and result in the imposition of a fine.
Failure to collect correspondence may be considered as not at fault, if the entrepreneur - despite exercising the utmost diligence - could not complete the activities on time. The controlled person must demonstrate that the obstacles that have arisen and prevented him from receiving the summons were of an external and objective nature, and that he himself used the greatest effort under the given conditions to remove them, but failed to do so.
2. Criminal liability. Pursuant to the Penal Code, a person who prevents or hinders a VIEP inspector from performing his official duties is subject to imprisonment for up to three years.
Preventing or hindering VIEP inspection activities may not only result in the imposition of an administrative fine, but also may result in imprisonment. though sanctions are severe, there are still entrepreneurs who try to prevent the inspector from carrying out an inspection and establishing the facts.
Contrary to appearances, the Inspectorate of Environmental Protection inspection does not have to be scary. You just need to prepare properly for it. Don't know how to do it? Contact our specialists. IN EkoMeritum will detect possible irregularities and - where possible - we will try to eliminate them. We will also help you complete post-inspection recommendations.
