sou · GMB3137d1 · 1999-01-01 00:00:00 — Vegetables and root-crops were dumped and, for a time, growers found it difficult to sell their produce. appointed a claims adjustment group relatively quickly, after pollution was reported. This group has considered claims by private individuals and businesses as a result of the tunnel project. So far, approximately M has been paid out. In our final report, we analyse and evaluate the in which the project was reviewed and approved by the licensing authorities, monitored by the supervisory authorities and implemented by the authority assigned to carry out the construction operation, that is say the . The new Swedish Environmental Code will enter into force on 1 January 1999. We have tried to assess the implications of the Code – assuming a situation in which the Code was applied to the project. Investigation and licensing process The question of whether the study on which the track report and the associated environmental impact analysis were based was sufficiently comprehensive is a matter for discussion. In any event, the conclusions reached may be questioned. The ruling pronounced by the Water Rights Court indicates a considerable of error – a factor of five to ten times – as regards the conclusions drawn about the possible impact of the tunnel on ground-water levels. However, the reason that ground- water levels dropped more than anticipated is that the technology employed was inappropriate for construction operations in the ridge. Until Rhoca was introduced, efforts were made to seal the tunnel surfaces with concrete, although this technique proved ineffective. Prior to this, the had contracted for tunneling operations using giant drilling equipment, but this technique had not been successful. The various failures cannot be primarily considered to be due to deficiencies in the study of the impact on the ground water. The events that occurred were primarily due to inadequate control and management of the project. Broadly speaking, supervision operations functioned in an acceptable , based on the available resources and possibilities, but they failed to prevent the incident. We will return to the question of supervision at a later stage. The Government considered the permissibility of the project, for example from an environmental perspective, in accordance with the current legislation, within the framework of the expropriation issue. However, the Government had already approved the project in a previous decision taken nine months earlier. The extent to which there was an interest in analysing the environmental aspects in an unprejudiced or developing alternative solutions may therefore be questioned. The environmental impact analysis to which the Government had access was inadequate. The problems were described as challenges which would be tackled successfully. used the study to legitimize the project, not to minimize the impact on the environment. No alternatives were indicated. There is a need to counterbalance the dominant role of the applicant when determining the scope and contents of an environmental impact assessment. The Environmental Code gives an important role in this process. In the future, central government may well take decisions on other major infrastructure projects in the wrong order – that is to say decisions arrived without proper investigation. The in which the requirements for an environmental impact assessment are determined is a crucial issue. An environmental impact assessment must contain adequate and relevant This is essential if the potential problems are to be impartially analysed and the priorities between the environment and other interests clearly established. proposes that the most environmentally friendly alternative should always be reported, at least in the case of operations and measures which may be expected to have a significant environmental impact. The dominant position of the applicant may be counterbalanced by an impartial review and/or by strengthening the position of other parties. has studied the way in which this problem has been solved in the , where an impartial, independent Committee reviews environmental impact assessments, and participates in the decision process regarding the scope of the assessment in a specific case. We consider that the Dutch solution is worth studying, although we are not prepared to propose the of a new institution for this purpose. The Environmental Code gives the general public greater opportunities to influence the investigation process. In addition, it extends the interested parties concept and gives environmental organizations an opportunity to present their case. The absence of a natural advocate for environmental interests is a problem in this context. Everyone, and no one, is in favour of the environment. In addition, independent studies and assessment of the documentation presented by the applicant calls for resources. has considered the possibility of establishing an environmental ombudsman/advocate function and introducing the right to appeal against a decision to approve an environmental impact assessment. Both these questions were discussed in the course of the drafting of the Environmental Code. In view of this, we are not prepared to propose measures of this nature, prior to evaluation of the new arrangements under the Environmental Code. The Railway Construction Act entered into force in 1996. Under the Act, the determines plans for rail facilities, including its own plans. This means that the acts as its own supervisory authority. This will not change when the Environmental Code and certain amendments to the Act enter into force in 1999. Once the Government has determined the permissibility of a major rail project, the decides the scope of the permit and the conditions which are to apply. Under the Environmental Code, the Government is to determine the permissibility of a number of specified major projects which are considered to have a significant impact on the environment. Permits for such projects are granted by the Environmental Court, with the exception of railways, roads and certain navigation channels, for which environmental review is partly conducted by the authority concerned. We propose that this procedure should be amended and that any project which is subject to a Government decision on permissibility must also be considered by the Environmental Court. has also considered action taken by the supervisory authorities before it was established that an accident had occurred. There may be some scope for criticism, but on the whole the supervisory process was conducted more or less as might be expected in view of the opportunities and resources at the disposal of the supervisory authorities. However, the conclusion drawn is that, given current resources and the current regulatory structure, supervisory activities normally have limited opportunities of preventing serious environmental impact of the type which occurred in the ridge, at any rate as regards the discharge of toxic substances. The authorities must be able to take action more rapidly and more effectively. The circumstances in this instance were special since and the Municipality were responsible for ensuring that a central government authority which had been commissioned by the Government implemented a project in accordance with the relevant legislation and permits. was responsible for monitoring water aspects, and there was a control programme for water seepage. Losses were measured on a continuous basis and certain tests were carried out to determine the chemical composition of the water. In accordance with the Water Rights Court's ruling, the water released was supposed to be of fully satisfactory quality, based on assessment by . The starting point for this assessment was the natural quality of the water in the water courses into which seepage water was released. As a result, it is surprising that the control programme was not modified when large-scale use of Rhoca commenced. As regards the volume of ground water lost, in pointed out, as early as the summer of 1995, that it considered that the permitted volume was being exceeded. had a different opinion about the way in which the permit granted by the Water Rights Court should be interpreted. In addition, the flow of water seems to have varied. However, both the supervisory and the must have realized that the permitted volume would be exceeded if a better sealing method was not found. Following an attempt to impose a default fine on the in 1996, the initiated legal proceedings in February 1997. The prosecutor planned to visit the construction operations for the first time on 7 October 1997. On 14 1997, when and the Municipality were informed that Rhoca was to be employed, the Municipality decided to ascertain the risks in more detail. However, there was a delay of three weeks before the Inspectorate was contacted by letter. This might have resulted in an injunction to use a less hazardous grouting material. Before this stage was reached, however, acrylamide and N-methylacrylamide had polluted the water in streams, wells and the ground water. Supervisory authorities have a considerable burden of responsibility in the case of major projects in which a single day's delay involves substantial costs. It is difficult for regional and local authorities to act when a central government authority does not live up to its environmental responsibilities and fails to respect the permits granted. Nonetheless, in our opinion could have adopted a more determined attitude. We propose that supervisory authorities review their routines as regards the demarcation lines between the exercise of authority, providing advice and information, and assistance and promotion activities. The supervisory authorities did not have very much time in which to react since the failed to inform them of the use of Rhoca until large-scale experiments were already under way. We propose that, in similar situations, users should be obliged to notify their plans to the supervisory authority. In the interests of improving supervision, we also propose that the should be given a broader role and greater responsibility. The Environmental Code strengthens the role of the municipality as a supervisory authority, although it may be difficult for small municipalities to have the requisite expertise in the chemical sphere. We therefore suggest that municipalities which wish to do so should be able to transfer supervision of chemicals to county administrative boards. The decision to build the tunnel was taken by the Government, which then assigned the project to the . The Government () was informed that there were major problems in connection with the ground water and that this would lead to additional costs of M. Despite this, the project was not one of the matters raised in the discussion of objectives and results between the Ministry and the Administration which took place in , and it appears that the problems reported by the were not raised in other informal contacts either. 's board did not receive sufficient information, and it failed to query further information when it was notified that the permit granted by the Water Rights Court was being exceeded and that costs were rising. 's organizational structure was based on the principle of delegation of responsibilities and authority to the lowest possible level in the organization. It has been difficult to ascertain how the problems which occurred were reported back to higher levels in the organization. Faced with an increasingly hopeless situation, there was growing pressure on those who were immediately responsible, and many people appeared to have been waiting for someone else to solve the problems. The studies conducted by the were primarily used to justify the project, rather than as a basis for its decisions. failed to take its consultant's advice on the question of the wisdom of trying to drill a tunnel through the ridge. On other occasions, the Administration failed to obtain relevant information. The attempt to drill a tunnel resulted in substantial delay and considerably higher costs, and the Administration's efforts to save time by commencing operations on a central face involved a serious negative impact on the environment. 's accounting system was not compatible with the needs of the project, which probably made it difficult to monitor project costs. The failures encountered in the project must be primarily regarded as the result of deficiencies in management and control. Furthermore, in its efforts to maintain progress on the tunnel, the Administration neglected its responsibilities as a government authority serving the interests of the general public. Environmental management and expertise As a result of the problems experienced in this project, there is a need to focus on environmental management competence and expertise on the part of those involved in the construction operation. We assigned to investigate the effects of the introduction of an environmental management system on the environmental process in large construction projects. The problems involved in this particular project have sounded an alarm bell in the construction industry, and the major construction companies are introducing environmental management systems for their site operations. In , the Government directed the to introduce an environmental management system. The customer's competence is particularly relevant for the in which environmental issues are handled in the procurement process. had however a routine for evaluating chemicals which had not been used previously, but this routine was not applied in the procurement process for Rhoca . Environmental management systems result in increased environmental know-how and they clarify the responsibilities involved. There is, however, some contradiction between the need for an environmental management system and the rules which govern public procurement procedures. The procurement rules are an aspect of EC law and, as a result, cannot be modified unilaterally. We therefore recommend that should work for public procurement rules which take environmental considerations into account to a greater extent. Broader and more extensive expertise on the part of construction companies is called for, and public-sector in the construction industry must take greater responsibility for environmental issues in their sector. We therefore propose that the public administrations in the Swedish transport sector should be assigned to initiate, manage and finance development programmes. A greater measure of expertise is important, both as regards the external environment and the working environment. We commissioned to evaluate working life activities at . A protective structure has been established to provide working environment safeguards for employees at their place of work. The tunnel project, however, is an example of a situation in which the regulatory structure, per se, does not guarantee that working environment aspects are taken into account in a satisfactory . The problems caused by the use of Rhoca were the result of a chain of errors and mistakes. There was no adequate analysis of the risks, and the relevant expertise was lacking. The information provided by the supplier was incorrect and was not checked. The safety organization, company heath care services and trade union representatives were not sufficiently involved. If the risks had been evaluated in advance and then followed up during the course of the project, these problems could have been avoided. mandatory at the planning stage in major projects. Potential environmental problems must be discussed. In view of the deficiencies revealed in this project, there are grounds for reviewing the current regulatory structure. Suppliers of chemicals are liable to provide correct and exhaustive information about their products. The experience gained in the project indicates, however, that such information may be misleading and inadequate and that the purchaser/user must be able to check its reliability. Contingency planning and information We have analysed the way in which the factual information and information activities were handled by public authorities and other parties in connection with the release of toxic substances, and we have also looked at the way the emergency organization functioned. Our conclusions are based on the Committee's interim report and four other reports prepared by the sociology faculty at . Once it became clear that toxic substances had been released at , attention was focused on the . Faced with an unaccustomed situation which was problematical in many respects, the Municipality was obliged to take a number of more or less sensitive decisions. The general public had to be informed quickly, and on a continuous basis. The Municipality was able to cope with the situation, although this involved an exceptionally heavy workload and external assistance. However, in our opinion the functions and allocation of responsibilities of the management chain of command (the Government, the Director of the Regional Civil Defence Area, county administrative boards, county councils and municipalities) should be reviewed as regards severe stresses in a peacetime situation. Principles for the in which central government bodies should assist other public authorities need to be established. There was an immediate need to establish contact with central government authorities for advice concerning water supplies. This was not achieved until the County Governor of wrote to the authorities concerned requesting that coordination personnel should be assigned to the management group. We therefore propose that central government authorities should appoint specific individuals for contacts with municipalities, county administrative boards and public authorities with operational responsibilities. The central government authorities concerned retained primary responsibility in their respective areas. Administration and issued recommendations regarding the use of water supplies, but they assessed the risks in different ways. Experience of the incident indicates the importance of consultation between public authorities if their responsibilities coincide. All those involved should endeavour to ensure that information to the general public is unambiguous by explaining and clarifying any statements made. We understand that several government authorities are reviewing their emergency planning in the light of the incident. We see no reason to propose a special joint emergency plan for central government authorities, although practice/training to prepare for similar incidents is required. The lack of a sufficiently sensitive method of analysis to detect the presence of acrylamide presented a major problem. An approved method for the analysis corresponding to the WHO benchmark was not available until 1998. and recommendations were based on the WHO standard. It may be concluded that it is not satisfactory to rely entirely on the commercial market for the development of new analysis methodology. This problem might also have occurred when construction was in progress if, for example, wished to modify the control programme for seepage water in line with the sealant which was actually being used. The question of responsibility for the development of analysis methods should therefore be studied, both in the context of urgent requirements and in more normal circumstances. The managed to acquire a certain degree of public confidence during the crisis in terms of information to the general public, although many people regarded the Municipality as partly responsible for the situation. After it initiated legal proceedings against the , it would appear that, in the end, the Municipality wound up on the right side, in the eyes of the public. The media were generally considered to be on the side of ordinary citizens. The surveys conducted indicate that, for the most part, media coverage received a highly positive rating. Above all, the local press won the confidence of local inhabitants. Most of our proposals have already been presented above. In the interests of clarity, they are summarized below. However, we wish to emphasize that the most important conclusions drawn relate to the way the project was managed, and that no proposals are made in this area. ·Environmental impact assessments must always include the best possible alternative from the environmental perspective, at any rate in the case of operations or measures which may be assumed to have an appreciable impact on the environment. ·All major infrastructure projects must be subject to environmental review by the Environmental Court. ·Supervisory authorities should review their routines as regards drawing clear demarcation lines between the exercise of powers of authority, the provision of advice and information, and assistance and promotion activities. In particular, a distinction must be made between tasks involving the exercise of powers of authority and other tasks. ·The Ordinance concerning Environmental Sanction Fees should be supplemented to permit the imposition of sanction charges on commercial interests which ignore permit requirements or exceed the conditions established for water operations. ·The possibility to introduce an obligation for users to notify the supervisory authority of large-scale use of chemicals should be investigated. ·Municipalities should be permitted to transfer responsibility for the supervision of chemicals to county administrative boards. ·As a central government supervisory authority, the role of the should be studied as regards the possibility of following up environmental tasks performed by other national authorities and combines. This function would, for example, include reporting to the Government on an annual basis as regards performance of this function, responsibility for coordination, advice and information, with the object of making environmental tasks performed in the various sectors more effective. ·The public administrations in the transport sector should be assigned to initiate, manage and finance development programmes to improve environmental expertise in the construction sector, including contractors in this industry. In our opinion, a development programme of this nature should include in-service training of the personnel concerned and feedback of experience gained in the field. It might be appropriate to conduct this programme in cooperation with technical universities, other university institutions and . ·We recommend initiatives to achieve better environmental compliance of EC legislation in the procurement area to permit special requirements to be introduced regarding the need to take environmental considerations into account in connection with the procurement of goods and services. ·A thorough risk analysis and discussion of potential working environment problems should be required when major projects are planned. Experts should be consulted at the planning stage, particularly if operations involve the use of chemicals on a large scale or other circumstance involving a high degree of risk. In view of the deficiencies revealed in the tunnel project, there are grounds for reviewing the adequacy of the existing regulatory structure. ·It must be possible for the purchaser/user to evaluate and check product information submitted by suppliers. has indicated a number of issues which should be examined more closely in this context (Which entity should check the information? What responsibility will the chemical industry take via its trade associations? Are public authorities or other control functions to be responsible?). We share the views expressed by , and would like to place special emphasis on the obligations of the private sector in this context. Contingency planning and information