The control of the WIOŚ (Provincial Inspectorate for Environmental Protection) is aimed not only at monitoring, but also at counteracting the negative impacts of the activities of the human impact on the environment. Properly carried out, it ensures compliance with environmental regulations and promotes sustainable practices in various economic sectors. To avoid the unexpected, the entrepreneur should prepare properly for the inspection.
WIOŚ control - legal basis
The environmental inspection carried out by the Provincial Inspectorate for Environmental Protection (WIOŚ) is based on a solid legal basis, ensuring its reliability and effectiveness. The main source of authority for these inspections is the Act of 6 March 2018. - Entrepreneurs' Law (Journal of Laws 2021, item 162, as amended), which sets out the rules of business activity, including aspects related to environmental protection. In addition, the regulations on substances particularly harmful to the aquatic environment are detailed in the Regulation of the Minister of Maritime Economy and Inland Navigation of 12 July 2019 on substances particularly harmful to the aquatic environment and the conditions to be met when discharging waste water to waters or to the ground, and when discharging rainwater or snowmelt to waters or to water facilities (Journal of Laws item 1311).
In the context of the WIOŚ control, it is also important:
Act of 20 July 1991 on the Environmental Protection Inspection (Journal of Laws 2019, item 1355, as amended),
Act of 27 April 2001. - Environmental Protection Law (Journal of Laws 2019, item 1396).
The control activities of the WIOŚ are closely linked to the compliance with these and other regulations, which is an element in protecting the environment from the negative impacts of industrial and economic activities.
What does the WIOŚ control check?
Provincial Inspectorate of Environmental Protection inspection - what does it check? The inspection carried out by the Provincial Inspectorate for Environmental Protection covers a wide range of activities aimed at ensuring compliance with environmental regulations. The inspectorate, acting under the Act of 27 April 2001. - Environmental Protection Law (Journal of Laws of 2024, item 54), focuses on the monitoring of those using the environment. Their duties include monitoring compliance with environmental protection regulations, including decisions setting out the conditions for using the environment and the scope, frequency and manner of measurements of emissions and their impact on the environment. The WIOŚ also examines compliance with standards for the sulphur content of fuels, the operation of environmental protection equipment, the management of packaging and packaging waste, and the handling of ozone-depleting substances and fluorinated greenhouse gases. These actions are necessary to preserve the ecological balance and ensure that economic activities do not lead to environmental degradation.
Types of inspections of the WIOŚ
The Environmental Inspectorate (EI) carries out various types of inspections, which are classified as planned and non-planned, in accordance with Article 9 of the Environmental Protection Inspection Act of 20 July 1991. Planned inspections are planned and included in the inspection schedules, which allows for systematic monitoring of risks to life, human health and the environment. Such inspections are envisaged in particular for entities using the environment and take into account the risk assessment of their activities.
Non-planned inspections, on the other hand, include inspections carried out at the request of public administration bodies or other authorised entities and intervention inspections. Intervention inspections are carried out in response to complaints and interventions related to potential environmental pollution, major accidents, or in order to prevent environmental offences. These inspections are characterised by a rapid response and are carried out in situations that require immediate action.
During all types of inspections, inspectors have the power to carry out tests, including sampling, to stop the activities of the inspected entities in order to take the necessary measurements, and to request information and documents necessary for the inspection. Inspectors also have the right to enter private land and business premises at any time, which is crucial to the effectiveness of inspection activities.
What is the penalty for obstructing controls?
Strict consequences are foreseen for obstructing inspections carried out by the Environmental Protection Inspectorate. Pursuant to Article 31c of the Environmental Protection Inspection Act of 20 July 1991, a person who prevents or obstructs the inspection activities of the inspection is subject to a fine. The amount of this penalty ranges from PLN 10,000 to PLN 100,000 and is determined by the competent authority of the Environmental Inspectorate by administrative decision.
Importantly, a decision imposing a fine may be made immediately enforceable, which means that the fine can be enforced regardless of any appeal.
To avoid unpleasant incidents, irregularities or control problems, it is advisable to use the environmental consulting provided by the EKOPRO Group. A team of experienced professionals and lawyers will help you prepare for the audit, ensuring that activities and documentation comply with applicable law.
