The identification of illegal landfill perpetrators is failing, the system is ineffective, and penalties are insufficient - SAO
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The identification of illegal landfill perpetrators is failing, the system is ineffective, and penalties are insufficient
The State Geological Institute of Dionýz Štúr provided the auditors with a database containing 1,792 old illegal landfills that were formed before the year 2000. However, district offices do not list these landfills among cases requiring removal, nor has the Ministry of the Environment provided a clear statement on their current status. In 526 cases, the waste volume exceeds 1,000 cubic meters, and in 169 cases, it is more than 10,000 cubic meters. A striking example of an old illegal landfill is the recently publicized case discovered during the construction of the R2 Kriváň – Mýtna expressway section. The state previously estimated the volume of this waste to be 3,000 cubic meters. But it turned out to be ten times larger, resulting in a cost overrun of several million euros. This case demonstrates that so-called "forgotten" illegal landfills can pose significant financial and environmental risks and that state database records on them may be significantly inaccurate.
“Many old illegal landfills are no longer a focus for the state, yet they can still present significant financial and ecological risks. In the case of newly illegally placed waste, the chances that the state will remove waste that does not contain asbestos or other hazardous materials are currently zero. The state responsible for landfill removals currently has funding exclusively for hazardous waste. Municipalities also lack the necessary funds to remove larger quantities of waste,” explained Jaroslav Ivančo, vice president of the SAO. To remove all currently recorded landfills that are not classified as municipal or minor construction waste, the Ministry of Interior's analysis indicates that the state would need 27 million euros. When it comes to municipal and minor construction waste, municipalities manage to remove only small amounts and must wait for grant opportunities for larger cleanups. Until 2023, the annual state budget for this activity did not exceed 100,000 euros, and currently, three times this amount is allocated for waste removal. "Despite the increase in funding, with the current funding system in place, it would take more than 70 years to remove all existing illegal landfills, provided that no others are reported and that waste that does not contain hazardous substances is also removed on an ongoing basis. Yet, the Ministry of the Environment considers this system sufficient. This alarming and sad situation - our inability to clean up our land and prevent further pollution - undermines environmental quality," vice president Ivančo emphasized, citing a lack of interest and societal responsibility.
Preventive activities are limited to a few projects, mostly targeting marginalized Roma communities, and are not always effective. The system for detecting and punishing perpetrators does not serve as a deterrent. Many municipalities are passive in administrative proceedings, which, given their limited capacities, is somewhat understandable. Likewise, administrative and misdemeanour proceedings conducted by district offices are ineffective due to a lack of personnel, insufficient authority to prove guilt, and the inability to use legal assistance and modern technical equipment. In many problematic areas, there are obvious signs of resignation among authorities responsible for prevention, oversight, enforcement, and sanctioning.
The environmental police have not significantly contributed to identifying perpetrators. Even in cases where perpetrators are identified, court-imposed penalties are low and do not serve as an effective deterrent. In one extreme case, where the damage reached nearly 10 million euros, the offender was not sentenced to imprisonment but was placed under probation for five years instead, required to find employment, and fined 1,000 euros. According to auditors, the Waste Act places excessive expectations on small municipalities and district office employees, given their limited numbers, irreplaceability, restricted powers in investigations, lack of legal training, inability to access legal assistance, and absence of technical and methodological support. According to the national authority for external audit, it is also crucial that municipalities take a more active approach to setting up waste management systems in all areas and ensuring proactive prevention.