ENVIRONMENTAL QUALITY INSPECTION PROGRAMS OF ACTIVITIES IN THE CV
QUALIFIED ACTIVITIES
REGULATION OF INSPECTIONS
IN THE VALENCIAN COMMUNITY
INSPECTIVE POWERS OF ENVIRONMENTAL AGENTS
Article 78. Exercise of the inspection power.
1. The inspection function must be carried out by public officials, who may be assisted by non-official personnel of the corresponding administration or bypublic or private entities registered by the competent Ministry of the environment or duly accredited for the exercise of functions in the matter. of environmental quality.
To carry out material inspection actions, collaborating entities may be designated in the terms established in the basic state regulations on prevention and environmental quality.
2. The owners shall provide the inspection personnel with all the necessary assistance to facilitate the best possible development of their function, and so that they can carry out any visit to the site, as well as taking samples, collecting data and obtaining information. necessary for the performance of its mission.
3. The cost of the pre-determined inspections may be charged to the owners of the inspected facilities. The cost of non-predetermined inspections may also be charged when these are carried out as a consequence of not attending the owner of the installation, the administration's requirements when they are carried out in the scope of a sanctioning procedure or when recklessness or bad faith is appreciated in the owner of the inspected facility.
Article 81. Advertising.
The results of the inspection actions must be made available to the public in accordance with the provisions of the regulation on the right of access to information on environmental matters and other applicable regulations.
To speed up access to this information as much as possible, and in accordance with what is determined by regulation, citizens may access it through electronic, computerized and telematic means, always respecting the guarantees and requirements established in the procedural rules. administrative and confidentiality.
Article 77. Inspection and sanction.
The competent department for the environment, in the case of integrated environmental authorizations, and the town hall where the corresponding installation is located, for the remaining instruments of environmental intervention contemplated in this law, will be the competent bodies to adopt precautionary measures, as well as to exercise the sanctioning power and to guarantee compliance with the objectives of this law and the basic regulations on the prevention and integrated control of pollution, without prejudice to state competence in this matter with respect to discharges to basins managed by the Administration General of the State.
Article 79. Functions.
1. The duly accredited public officials who perform functions in matters of integrated pollution control, environmental sector control, and inspection 1 will be considered agents of the authority.
2. The inspection staff will have the powers of the development of said function, and in particular the following:
a) Access, after identification and without prior notification, to the facilities.
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b) Draw up the inspection records.
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c) Request information and proceed to the necessary examinations and controls to ensure compliance with the current provisions and the conditions of the corresponding environmental intervention instrument.
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d) Any other powers that are attributed to them by the applicable regulations.
Article 80. Inspection records.
1. The inspection staff will draw up a record of the inspection visits that they carry out, integrating a first copy to the interested party or person before whom they act and another copy will be sent to the competent authority for the initiation of the sanctioning procedure, if applicable. These minutes will have a presumption of certainty and probative value, without prejudice to the other evidence that, in defense of the respective interests, may be provided by the companies.
2. The owners of the activities that provide information to the administration in relation to this law, may invoke the nature of confidentiality of the same in the aspects related to industrial processes and any other aspects whose confidentiality is provided by law.
Article 82. Remedy requirements.
The municipalities will have the obligation to inform the body that had granted the integrated environmental authorization any deficiency or abnormal operation that they observe or of which they have news.
2. The adoption of the measures contemplated in this article are independent of the initiation, when appropriate, of the disciplinary proceedings.
3. In the case of activities subject to instruments of environmental intervention of municipal competence, if the competent body of the Generalitat notices irregularities in its operation, it will inform the city council for the exercise of its powers in matters of inspection or sanction.
Ninth additional provision. Inspection by collaborating entities
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When the surveillance and control of the facilities subject to integrated environmental authorizations and environmental licenses referred to in article 75, are exercised by collaborating entities in matters of environmental quality, duly registered in the Registry of Collaborating Entities in Quality Matters Of the Valencian Community and accredited for the exercise of such functions, in accordance with Decree 22/2015, of February 13, of the Consell, which regulates the functions and the Registry of Collaborating Entities in Environmental Quality Matters of the Valencian Community or sectoral regulation that replaces it, this will communicate it at least seven days in advance, by the corresponding telematic means, to the autonomous body with competence in the matter, and to the local administration in whose territorial scope the installation is located, that they may designate a public official to supervise their activity.
Article 69. Inspection authority
1. The power to inspect the activities subject to this law corresponds to the town councils and the competent department for the environment.
2. Both the mayors and the competent body of the competent ministry for the environment may order the practice of inspection visits or surveillance measures with respect to the activities subject to this Law, in order to verify their adequacy to the normative prescriptions or of the corresponding authorizations.
3. The holders of the activities referred to in this law shall be obliged to provide all the collaboration to the competent authorities in order to allow them to carry out the examinations, controls, sampling and collection of information to fulfill their function.
4. The officials who carry out the inspection tasks will have the character of agents of the authority and the facts verified by them and formalized in a public document observing the pertinent legal requirements will enjoy the presumption of veracity, without prejudice to the evidence that may indicate or contribute stakeholders.
Article 43. Competences, surveillance, inspection and control.
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1. The functions of surveillance, inspection and control of the correct compliance with the provisions of this Law and its implementing regulations will be exercised by the administrative authorities in their corresponding area of competence in matters of waste and public safety. Inspection functions must be carried out by duly recognized inspection bodies in accordance with the applicable standards 2 .
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2. The competent authorities will be provided with the human and material resources sufficient to comply with the obligations of surveillance, inspection and control that derive from the authorization, communication and inspection regime provided for in this regulation.
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3. The surveillance, inspection and control functions may be carried out with the support of duly recognized collaborating entities in accordance with the applicable regulations.
FOTOS
DIVULGACIÓN
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CAAMMCV - COL·LECTIU AGENTS MEDIAMBIENTALS COMUNITAT VALENCIANA
