What is the relationship between environmental control and monitoring?

Environmental control and monitoring are independent institutions of environmental law. In the same time, environmental monitoring and environmental control are closely related procedures, but:

The object of monitoring is the environment,

The object of control is an activity that affects the environment.

Environmental control is one of the manifestations of the ecological function of the state and is a set of measures to monitor the state of the environmental protection system and its changes, as well as to verify compliance with environmental requirements by all enterprises, organizations, officials and citizens.

The legislative definition of environmental control is given in Art. 1 federal law"On Environmental Protection": "Control in the field of environmental protection (environmental control) - a system of measures aimed at preventing, detecting and suppressing violations of legislation in the field of environmental protection, ensuring compliance by business entities and other activities with requirements, including standards And normative documents, in the field of environmental protection.

The object of environmental control is, on the one hand, the environment (its components), on the other hand, the activities of state authorities, enterprises, organizations, officials and citizens to comply with environmental rules and regulations.

Chapter is devoted to environmental control. XI Federal Law "On Environmental Protection".

The tasks of environmental control are to ensure that public authorities Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, legal entities and individuals for the implementation of legislation in the field of environmental protection, compliance with requirements, including standards and regulations, in the field of environmental protection, as well as ensuring environmental safety.

The environmental control system consists of state environmental monitoring, state, industrial, municipal and public control.

Environmental control is the most important legal measure to ensure rational nature management and environmental protection from harmful effects government controlled. It is through environmental control that the compulsion of the relevant subjects of environmental law to comply with environmental requirements is mainly ensured.

The function of environmental control is also performed in the implementation of other legal measures to ensure rational nature management and environmental protection - environmental regulation, environmental expertise, environmental licensing, environmental certification. But within the framework of all these areas of activity, environmental control, that is, ensuring the fulfillment of environmental and legal requirements, is carried out objectively, incidentally, in relation to each of the named types of activity. The implementation of any of these measures, as well as the conduct of environmental control, is an independent, purposeful activity of specially authorized state bodies, carried out within the framework of the procedure established for it, on the basis of special legal norms and aimed at solving their problems.

Otherwise, the tasks of environmental control are to ensure that the state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, local governments, legal entities and individuals comply with the legislation in the field of environmental protection, compliance with the requirements, including standards and regulations, in the field of protection environment, as well as ensuring environmental safety.

Unlike environmental control, state environmental monitoring is observation (control) of the state of the environment, carried out by state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation (Article 1 of the Federal Law "On Environmental Protection").

The organization of state environmental monitoring is defined in Ch. X of the Federal Law "On Environmental Protection", which includes one article - Art. 63. It is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation in order to monitor the state of the environment, including the state of the environment in the areas where sources are located anthropogenic impact and the impact of these sources on the environment, as well as in order to meet the needs of the state, legal entities and individuals in reliable information necessary to prevent and (or) reduce the adverse effects of changes in the state of the environment.

Its organization and implementation procedure is established by the Government of the Russian Federation.

Environmental monitoring includes monitoring of atmospheric air, land, forests, water bodies, objects of the animal world, the unique ecological system of Lake Baikal, continental shelf the Russian Federation, the state of the subsoil, the exclusive economic zone of the Russian Federation, internal sea ​​waters and the territorial sea of ​​the Russian Federation.

In order to increase the efficiency of work to preserve and improve the state of the environment, by a decree of the Government of the Russian Federation of November 24, 1993, a Unified state system environmental monitoring. All specially authorized state bodies in the field of environmental protection and the use of natural resources. Roshydromet, which is a specially authorized state body in this area, has the most solid monitoring base; the following main types of observations are carried out:

the state of air pollution in cities and industrial centers;

the state of soil pollution with pesticides and heavy metals;

over the state of pollution of surface waters of land and seas;

for transboundary transfer of substances polluting the atmosphere;

comprehensive monitoring of environmental pollution and the state of vegetation;

behind chemical composition and acidity of precipitation and snow cover;

for background air pollution;

for radioactive contamination of the natural environment.

Environmental monitoring data is used by state authorities in order to ensure the environmental safety of the population, promptly identify violations of environmental requirements, monitor burst emissions and discharges in real time, and identify the causes or perpetrators of increased pollution.

Monitoring data serve as the basis for maintaining state cadastres of natural resources, for developing forecasts of socio-economic development, environmental programs and individual environmental protection measures, as well as for making environmentally significant economic and other decisions.

Environmental monitoring(environmental monitoring).

The concept of environmental monitoring. Environmental monitoring as a system of monitoring the state of the environment of the Russian Federation, including in areas where sources of pollution and other negative impacts are located, the state of individual components of the natural environment (atmosphere, water bodies, lands, soils, forests, wildlife, etc.). ), the level of pollution of the environment and its components, including radioactive contamination.

Timely detection of changes, their assessment, prevention and elimination of the consequences of negative processes as the goal of environmental monitoring.

Main objectives of environmental monitoring: a) observation of the physical,
chemical, biological processes; b) watching
the level of pollution of atmospheric air, soils, water bodies: c) monitoring the consequences of the impact of such pollution on plant and animal world; d) providing interested organizations and the population with current and urgent information about changes in the environment and forecasts of its state.

Types of environmental monitoring. Federal, regional and local monitoring. Global environmental monitoring.

Correlation of environmental monitoring with social and hygienic monitoring, monitoring of the social and labor sphere, monitoring of urban development facilities, monitoring of the safety of hydraulic structures, enterprises, organizations controlled by the Gosgortekhnadzor of Russia, monitoring of factors that determine the emergence of threats to the environmental safety of Russia.

Regulation of environmental quality(environmental regulation). The concept of environmental regulation. State regulation of the impact of economic and other activities on the environment, which guarantees the preservation of a favorable environment, the rational use and reproduction of natural resources, ensuring the environmental safety of the population, as the goal of environmental regulation. The procedure for the development and approval of standards in the field of environmental protection. State bodies that carry out environmental regulation.

Types of environmental regulation.

§ Environmental quality standards. Regulations
maximum allowable concentrations of chemical, radioactive,
microbiological substances, maximum permissible levels
harmful physical influences (heat, noise, radiation, etc.)

§ Standards for permissible environmental impact
environment established for users of natural resources (legal
and individuals). Standards for permissible emissions and discharges
substances and microorganisms. Limits on emissions and discharges
pollutants, the procedure and conditions for their establishment.
Standards for the generation of production and consumption waste and
limits on their placement. Standards for permissible physical
impacts (amount of heat, levels of noise, vibration, ionizing radiation, electromagnetic fields and
other physical influences).

§ Standards for allowable removal of environmental components.

§ Norms of permissible anthropogenic load on the environment.

§ Technological standards for permissible emissions and discharges of substances and microorganisms. Technical standards for vehicle emissions.

§ Standards for other permissible environmental impact.

§ Standards for the use of agrochemicals and pesticides in agriculture. Standards for the maximum permissible residual amount chemical substances in food products.

§ Environmental requirements for products in the standards for new equipment, technologies, materials, substances and other products that can have a harmful effect on the environment (ecological requirements for products).

§ State standards and other regulatory documents in the field of environmental protection. Standards for sanitary, protective zones, sanitary protection zones, suburban green zones.

Correlation of environmental standards with each other and with international standards.

§ Correlation of environmental quality regulation with regulation of the quality of the marine environment of internal sea waters and the territorial sea, regulation in the field of atmospheric air protection, state regulation in the field of ensuring radiation safety, regulation in the field of waste management.

§ Correlation between environmental quality regulation and state sanitary and epidemiological regulation.

§ Correlation between environmental quality regulation and state regulation of agricultural land fertility, regulation in the field of use and protection of wildlife and its habitat, other types of regulation in the field of use and protection of natural resources.

Legal consequences of violating the requirements of environmental standards.

Ecological control and supervision.

§ The concept of environmental control and supervision as: a) functions of environmental management; b) legal institution(Intersectoral and Institute of Environmental Law); c) performance guarantees environmental laws, compliance with environmental requirements, implementation of environmental programs, plans and activities; d) the legal form of activity in this area.

§ Ensuring the achievement and maintenance of the quality (state) of the environment as a place and conditions for the life and activities of living and future generations as the goal of environmental control and supervision.

§ Principles of environmental control and supervision: a) the principle of independence of bodies and officials of environmental control and supervision in the exercise of their control activities; b) the principle of minimization (overcoming the plurality) of environmental control and supervision bodies; c) the principle of separating the functions of legal regulation, control and supervision functions and functions for the provision of public services and for the management of state property.

§ Own functions of environmental control and supervision: a) informational; b) warning; c) suppression of environmental offenses.

§ Types of environmental control and supervision: a) state, including federal environmental supervision; b) public environmental control; c) municipal environmental control; d) departmental environmental control; e) industrial environmental control. Preventive, current and subsequent environmental control and supervision.

§ Powers of environmental control and supervision bodies: a) precautionary nature; b) to suppress environmental offenses; c) to bring to legal liability.

§ The procedure for conducting state environmental control and supervision. Features of carrying out state environmental control and supervision in closed administrative-territorial formations, at sensitive, special regime and especially important facilities of the Armed Forces of the Russian Federation. The procedure for conducting state environmental control and supervision at objects of economic and other activities under the jurisdiction of the Russian Federation that contribute to transboundary environmental pollution and (or) have a negative impact on the environment within the territories of two or more constituent entities of the Russian Federation (federal control).

§ Bodies of state environmental control and supervision.

§ Correlation of environmental control and supervision with environmental monitoring, environmental expertise, environmental audit and other functions of environmental management.

§ The rights of legal entities and individual entrepreneurs in the course of state environmental control and supervision and ways to protect them.

Audit in the field of environmental protection(environmental audit). The concept of environmental audit as: a) functions of environmental management; b) entrepreneurial activity. The purpose and objectives of environmental audit.

Auditors. Legal requirements for auditors. Code of Professional Ethics for Auditors. Correlation of environmental audit with independent auditing activities in the field of prevention and liquidation of emergency situations, insurance of liability for causing harm in the event of an accident at a hazardous production facility. Correlation of environmental audit with subsoil use audit and other types of audit in the sphere of natural resources use.

Licensing certain types of activities in the field of environmental protection (environmental licensing).

§ The concept, goals and objectives of environmental licensing.

§ Types of environmental licensing. Licensing of activities for the treatment of production and consumption waste, including hazardous waste. Licensing in the field of hydrometeorology and environmental monitoring. Other types of environmental licensing.

§ The ratio of licensing in the field of environmental protection with licensing in the field of use and protection of land (including reclaimed land), licensing in the field of use and protection of subsoil, licensing in the field of use and protection of water bodies, licensing of activities for the use of the forest fund, licensing in the field of protection and the use of wildlife, licensing of industrial fishing and fish farming, licensing of activities for the collection and sale of raw materials from wild medicinal plants and other types of licensing in the field of use and protection of natural resources.

Certification in the field of environmental protection.

The concept of environmental certification: a) as a function of environmental management; b) as a type of works (services) for environmental purposes. Mandatory and voluntary environmental certification.

Ensuring product safety for the environment, ensuring human environmental safety, rational use of natural resources as the goal of environmental certification. Types of certification aimed at achieving environmental goals. Safety certification of hazardous industrial and other facilities. Certification of drinking water, materials, technological processes and equipment used in domestic and drinking water supply. Compulsory certification of forest resources, including mandatory certification of standing wood and secondary forest resources, and other types of certification.

The procedure for conducting environmental certification.

Practical lesson(6 hours)

Questions and tasks

1. State environmental monitoring.

2. Ecological control: concept, types. The system of state environmental control bodies, their powers.

3. Environmental audit and activities in the field of environmental management.

3. Ecological regulation. Types of environmental standards and their legal significance. Technical regulation of product quality, production processes and environmental protection.

4. Ecological licensing.

5.Environmental certification.

Tasks

Task 1. The head of the economic company has an intention to carry out the following activities in order to make a profit:

Waste management activities, organization of work on the management of production and consumption waste;

Activities for the collection, transportation, neutralization, disposal of sediments treatment facilities local drainage networks, treatment facilities for subscribers of the city drainage network and vehicle washes, production facilities;

Carrying out work on the reclamation of landfills and landfills for the disposal of production and consumption waste;

Activities for the collection, recycling, storage, movement, burial, destruction of materials and substances, including hazardous ones (except for radioactive ones);

Environmental certification of production, economic and other facilities;

Ecological certification of production, technological processes, equipment, products, production waste;

Environmental auditing of production, economic and other facilities, technological equipment, conditions for conducting activities subject to licensing;

Environmental training, advanced training and professional retraining of specialists from enterprises, organizations, entrepreneurs and individuals in the field of environmental knowledge;

Development of the "Environmental Protection" section as part of design documentation for the construction, expansion, reconstruction of economic and industrial facilities, urban planning documentation;

Development of draft standards for maximum permissible and temporarily agreed emissions of pollutants into the atmosphere (including radioactive) and discharges into water bodies; standards for vibration, noise and other types of physical impact on the environment; limits for the placement of production and consumption waste;

Conducting an environmental impact assessment when developing design documentation for production, economic and other facilities and complexes;

Development of environmental justifications for conducting (expanding, changing) economic and other activities;

Assessment of environmental safety of materials, substances, technologies, equipment;

Works and services for the elimination of environmental consequences caused by emergencies technogenic and natural character;

Carrying out work to restore the fertility of recultivated lands, the implementation of anti-erosion measures;

Carrying out works on gardening of territories;

Carrying out work on the improvement and reconstruction of water bodies, carrying out dredging and other works on water bodies, extracting sunken wood and other items;

Installation of instruments, measuring instruments, environmental protection devices;

Installation and operation of instruments and measuring instruments for monitoring the state of the environment;

Ecological consulting.

When discussing these types of activities at the meeting, the question arose whether it is necessary to obtain a license to carry out these types of activities. The legal adviser of the company believed that since these activities are not listed in Art. 17 of the Federal Law "On Licensing Certain Types of Activities", they are not subject to licensing. At the same time, it was decided to contact Moskompriroda for clarification.

Moskompriroda received a response that the listed activities are included in the list of environmental protection activities subject to licensing, which is contained in the Procedure for licensing certain types of environmental protection activities in Moscow, approved by the order of Moskompriroda dated January 27, 2000 No. 24, therefore, they are licensed.

Is the explanation of Moskompriroda legal and justified?

Task 2. In one of the regions of the Far North, the regional fisheries inspection found a large oil slick on the surface of the reservoir. The check showed that it was formed as a result of a leak in one of the tanks of the fuel and lubricants warehouse. The Territorial Committee for Water Resources filed a claim for compensation for damage caused to the natural environment. The defendant did not recognize the claim, referring to the fact that the fuel storage technology was not violated. Expertise appointed arbitration court, found that the leak in the tank arose due to the unsuitability of the material from which it was made for operation in the Far North. However, the tanks were manufactured and installed in the warehouse according to the project.

What other measures provided by law can be taken by state environmental control bodies?

Who should be held responsible in this case?

State environmental monitoring of individual components of the natural environment and sources of anthropogenic impact is carried out within the framework of the relevant functional subsystem of environmental monitoring. The organization of monitoring within the framework of the functional subsystem is assigned to the relevant federal departments authorized by the Government of Russia. In table. 9 shows the objects of monitoring and state authorized bodies.

Table 9

Directions of State environmental monitoring and functional subsystems

Functional subsystems for monitoring the state of atmospheric air, pollution of soils, surface waters of land and the marine environment are combined into State Service for Monitoring Environmental Pollution (GSN). The service has been operating in Russia for more than 25 years, its organizational basis is the monitoring system Federal Service on hydrometeorology and environmental monitoring. Generalized monitoring data are published in the annual State report on the state of the environment and the impact of environmental factors on the health of the Russian population.

The role of a comprehensive analysis of the natural environment is especially important in organizing the management of the natural environment. It is possible to minimize certain impacts on nature, taking into account environmental and economic considerations.

Environmental monitoring is carried out within the framework of the powers of environmental authorities for state environmental control: in accordance with the Law of the Russian Federation “On the Protection of the Environment”, the environmental control system consists of public service monitoring the state of the environment, state, industrial and public control.

Environmental control is a system of measures to prevent, detect and suppress violations of legislation in the field of environmental protection. The following types are carried out in Russia environmental control:

· state;

· industrial;

· public.

State environmental control carried out by authorities, as well as specially authorized government bodies RF in the field of environmental protection and sanitary and epidemiological surveillance.

The combination of state control functions in the field of environmental protection and management functions in the field of economic use of natural resources is prohibited by law.

Any organizations and enterprises, regardless of the form of ownership, can be subjected to state environmental control through inspections. Control is carried out by state inspectors in the field of environmental protection. They have broad rights from issuing instructions to legal entities to eliminate environmental offenses to suspending the activities of enterprises in case of violation of environmental legislation.

Industrial environmental control carried out by the environmental protection service at the enterprise. Directly controlling functions are performed by accredited and licensed laboratories.

IN public environmental control citizens (in accordance with the legislation of the Russian Federation), public and non-profit organizations(according to their statutes).

3.5 / 5 ( 2 votes)

When monitoring and controlling the ecological type, a common detail in these activities is the observation and evaluation of the information received from the object that was monitored.

But it is worth mentioning how environmental monitoring differs from environmental control. It's all about the objects that are monitored, and, of course, the subsequent actions done based on the data received.

Environmental control

When monitoring the ecological type, the objects for observation are places with anthropogenic impact, that is, they emit harmful substances into the ecosystem during their activities.

This is the difference between environmental monitoring and environmental control. When carrying out environmental type control, specialists of ANO "Center for Environmental Expertise" produce a control type impact on the object that is subject to observation.

During monitoring, the objects of observation are air, water different type and soil. And this is the answer to the question of how environmental monitoring differs from environmental control. The purpose of observation is to obtain information on the state of these components of nature, to make forecasts of expected changes in them under the influence of natural and anthropogenic processes.

The purpose of this type of observation is to ensure that natural environment remained in good condition, and nothing threatened her, no negative impacts of objects that are studied during environmental control. This is the most important difference between environmental monitoring and environmental control. So we can say that they are mutually complementary.

Environmental control- this is one of the important links in the organizational and legal mechanism of the CAB. Its purpose is to verify: compliance with the requirements of environmental legislation; compliance with standards and regulations in the field of environmental protection and environmental safety.

The fulfillment of these tasks is entrusted to the system of environmental control, which consists of state, industrial, municipal and public control.

Ecocontrol, as a legal measure, performs a number of functions - preventive, informational and punitive.

State environmental control carried out on behalf of the state, it gives independent and objective results. This is the most influential control, because in order to carry out its functions it can resort to the support of law enforcement agencies.

Industrial environmental control is carried out by the enterprise - the nature user at its facilities in order to ensure compliance with the requirements of environmental legislation and compliance with established environmental protection standards in the course of economic and other activities, as well as self-examination of rational nature management at its facilities and the implementation of plans and measures to limit and reduce the impact on the environment.

Municipal environmental control carried out on the territory municipality local authorities or organizations authorized by them.

Public environmental control carried out by public or other non-profit associations in accordance with their charters, as well as by citizens. Its task is to verify compliance with the requirements of environmental legislation both by all legal entities from the ministry to an enterprise, institution or organization, regardless of their form of ownership, and by all officials and citizens.

Monitoring- a system of regular comprehensive long-term observations of the state of the environment, its pollution, ongoing natural phenomena, as well as the assessment and forecast of subsequent changes. One of the main principles of monitoring is continuity of tracking. Ecomonitoring is the initial stage of the system for ensuring environmental safety.

There are 3 levels of territorial coverage of modern monitoring: local (bioecological, sanitary and hygienic); regional (geosystem, natural and economic); global (biospheric, background), which includes observations of the state of the OS from space - space monitoring.

In the main structural elements of the environment, constant monitoring is carried out for the presence of the following most dangerous pollutants for natural ecosystems and humans:

V atmospheric air – oxides of sulfur, nitrogen, carbon, suspended solids (aerosols), hydrocarbons, radionuclides, benzapyrene;

in surface waters– petroleum products, phenols, phosphorus and nitrogen compounds, heavy metals, pesticides, mineral salts, as well as a complex pH indicator;

in biota– heavy metals, radionuclides, pesticides.

The impact of harmful physical factors such as radiation, noise, EMF and EMP is monitored. First of all, the zones of influence of the corresponding large sources are controlled, namely, nuclear power plants, airports, large industrial and transport centers, power plants and power lines, television and radio centers and repeaters.

There are 2 components of monitoring - abiotic (geophysical) and biotic.

State environmental monitoring is carried out in order to meet the needs of the state, legal entities and individuals in reliable information about the true state of the environment in our country, necessary for:

Development of forecasts of socio-economic development and adoption of appropriate decisions, targeted programs in the field of environmental protection and related activities;

Prevention and reduction of adverse effects of changes in the state of the OS.