Bergen op Zoom, 14 maart 2005
Aan het Dagelijks Bestuur van
Waterschap Brabantse Delta
per e-mail: [email protected]
Geacht Dagelijks Bestuur,
Op de agenda van het AB van 6 april a.s. staat de Nota Professioneel Handhaven ter kennisname onder de mededelingen.
De mededelingen worden normaliter in het AB niet uitgebreid behandeld. Gezien het gegeven dat ondergetekende daar toch een aantal bemerkingen op heeft en ik geen deel uitmaak van de commissie bestuur en middelen, neem ik de vrijheid deze schriftelijk onder Uw aandacht te brengen.
In het stuk staat vermeld “de uitgezonden boodschappen dient een eenduidige en consequent te zijn”. Dit onderschrijf ik van harte. Waarom gebeurt dat in dit stuk niet?
Termen als bedrijf, bedrijven, lozers en bedrijven/lozers worden door elkaar gebruikt, terwijl in vermoedelijk alle gevallen de term “lozers” op zijn plaats is of zou moeten zijn, tenzij men bewust “bedrijven” gebruikt om andere overheden buiten de doelgroep te laten vallen, hetgeen ik principieel onjuist zou vinden.
Wat mij ook verbaast en hetgeen ik principieel onjuist vindt, is de aparte positie van de eigen organisatie en andere overheden als het gaat om optreden tegen overtredingen.
Paragraaf 3.3: “Verder heeft het waterschap een regeling voor het optreden tegen overtredingen door de eigen organisatie en andere overheden”.
Overheden, zo wijst recent onderzoek uit, zijn vaak nalatig als het om de eigen vergunningen gaat. Zeker gemeenten zijn bijvoorbeeld ten aanzien van de basisinspanning reeds jaren nalatig inhoud te geven aan de wet- en regelgeving! Wat is de wettelijke basis om overheden anders te behandelen dan andere overtreders, als zij zich schuldig maken aan wetsovertredingen?
Op zich zou er niets tegen zijn om handhavingsactiviteiten en -plannen te communiceren met andere handhavers. Maar wat als die andere handhavers deel uitmaken van een andere overheid die onderdeel is of doel van het te verrichten onderzoek/controle?
De omkaderde omschrijving van het begrip handhaving op pagina 4 is de juiste. Waarom wordt dit in de nota afgezwakt tot het doel “de naleving van de WVO wordt bevorderd”?
Wat merkwaardig overkomt, is het budget voor het toepassen van bestuursdwang. Wanneer in enig jaar het budget half in het jaar verbruikt is, valt dan de feitelijke mogelijkheid van het toepassen van het middel bestuursdwang weg?
Tot slot: de diffuse ongereguleerde bronnen komen er in deze nota maar bekaaid af. Hier zou juist de grotere milieuwinst te behalen moeten zijn. Professioneel lijkt alleen datgene wat direct meetbaar is!
Uw reactie tegemoet ziende,
hoogachtend,
L.H. van der Kallen
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