Many executives believe that black smoke from a chimney or discharges into a river are simply a matter of a fine from the State Environmental Inspectorate. This belief, however, is a dangerous illusion.
When the concentration of harmful substances exceeds permitted levels to a degree that creates a danger to people or the environment, an administrative matter becomes a criminal one.
Air pollution (Article 241 of the Criminal Code) or land pollution (Article 239 of the Criminal Code) are criminal offenses for which a specific official is held personally liable, provided it is proven that the emissions caused harm to human health or significant environmental damage.
How to remedy the situation? If a violation has already been recorded, or you understand that standards have been exceeded, immediate action is required:
Since the primary criterion for calculating damages is the cost of restoring the contaminated site to its normal condition, the first priority is to eliminate the contamination — ideally before an inspection arrives, or at least before the damage assessment begins. Under such conditions, the grounds for initiating criminal proceedings will cease to exist.
Technical modernization of equipment will eliminate the ability of law enforcement to document inadequate equipment as a cause of excessive emissions.
There are also other ways to restore the environmental and legal situation to a point where criminal proceedings become an excessive and unnecessary measure.
Do not wait for the environmental inspector to arrive with police. Protect your business and yourself in advance.
