Environmental Engineering (Environmental) Examination

General Provisions

Engineering and environmental examination is the process of studying phenomena, processes and material objects related to the impact of man-made factors on the state of ecosystems, in order to establish factual data that are important for the case (identifying the circumstances of the occurrence of a negative impact on the environment, assessing the consequences that have occurred, and determining the amount of compensation for losses caused to the state as a result of violation of the requirements of environmental legislation).

These studies are carried out by specialists (experts) who have special knowledge in the field of studying the impact of man-made factors on the environment, including in the field of impact assessment and regulation, determining the significance of damage to the environment, the level of environmental safety and the amount of compensation for damage caused using expert certified methods and registered in accordance with the procedure determined by the Cabinet of Ministers of Ukraine, literature recommended for use in forensic examinations, other information sources necessary to resolve the issues raised.

The main tasks of engineering and environmental examination:

• determination of circumstances related to the occurrence of an environmental emergency;
• determination of technical and organizational reasons for violations of the technological process of production, if this contributed to the release of pollutants, energy and emissions of other harmful substances and the accumulation of industrial waste;
• establishing the compliance of the actions of persons (or their inaction) involved in an environmental emergency with the requirements of regulatory enactments in the field of
• environmental safety, environmental protection and use of natural resources;
• establishment causal dependencies between the actions/inaction of specially authorized persons (in the field of environmental protection, use of natural resources and environmental safety) and the consequences that have occurred.

The subject of research is an engineering and environmental examination

Engineering and environmental examination is an independent branch of forensic examination, which belongs to the engineering and technical type of examination and differs from its other types in the subject of research.

The subject of research of engineering and environmental examination should be understood as factual data on the components and objects of the environment, phenomena, conditions, circumstances, cause-and-effect relationships that led to the occurrence of a negative impact on the environment, its development, consequences and amounts of compensation for losses caused to the state by violation of environmental legislation. Also, the subject of research of engineering and environmental examination includes the assessment of compliance with the regulatory requirements of planned activities, operation of existing enterprises or their liquidation, waste management, use of natural resources, subsoil use, prevention of occurrence and response and overcoming the environmental consequences of emergencies (emergency excess emissions, discharges, spills of pollutants, etc.).

The subject of engineering and environmental examination is determined by a range of issues that boil down to the following:

1. Where was the source of the negative impact on the environment?
2. What are the ways in which pollutants (harmful) substances spread in the components of the environment?
3. What is the reason for the negative man-made impact on the environment?
4. What is the contribution of the investigated source of pollutants (harmful) substances to the total volume of pollution of the studied components of the environment, taking into account background concentrations, features of their distribution and chemical transformation, and other conditions and circumstances?
5. Has there been pollution of the natural environment exceeding the established and approved regulatory values (maximum permissible concentration, maximum permissible emission, tentatively safe action levels, maximum permissible discharges and other indicators)?
6. What is the amount of compensation for damages caused to the state as a result of a violation of the requirements of environmental legislation?
7. What actions (inaction) and which persons led to the occurrence of the investigated event associated with a negative impact on the environment?
8. When did the man-made negative impact on the environment begin, which resulted in the event under study?
9. Is an environmental hazard created as a result of the occurrence of the investigated event (contamination of the natural environment with hazardous substances, improper handling of hazardous chemicals and waste, arbitrary subsoil use)?
10. When conducting an engineering and environmental examination, issues related to the compliance of design and permit documentation, materials, products, waste, technologies and equipment with the requirements of environmental safety and environmental legislation, etc., can be resolved.
11. And also, during the engineering and environmental examination, other issues may be resolved regarding the circumstances related to the occurrence of a negative man-made impact on the environment and regarding measures of state supervision (control) of both inspection actions to identify the consequences of the impact of negative anthropogenic impact and violations of the requirements of environmental legislation that led to the occurrence of the event under study.

Objects of research of forensic engineering and environmental examination

The objects of research of forensic engineering and environmental examination are objects and components of the environment, primary documents reflecting their qualitative and quantitative characteristics, results of instrumental measurements and laboratory studies, materials of inventory of emissions of pollutants from stationary sources, design and permit documentation, materials of inspections of compliance with the requirements of environmental legislation, protocols of inspection of the scene of the incident and others materialized sources of information.

Recommended list of issues that can be resolved during engineering and environmental examination

According to the areas of research, engineering and environmental examination is divided into studies to determine:

• The amount of compensation for losses caused to the state as a result of excessive emissions of pollutants into the atmosphere;
• the amount of damage caused by pollution and littering of land resources due to violation of environmental legislation;
• the amount of compensation for losses caused to the state as a result of unauthorized use of subsoil;
• the amount of compensation for losses caused to the state as a result of violation of the legislation on the protection and rational use of water resources;
• the amount of damage caused to the forest as a result of illegal logging;
• the amount of damage caused by green spaces within cities and other settlements;
• the amount of damage caused by violation of the legislation on the nature reserve fund;
• the amount of compensation for damage caused as a result of illegal extraction (collection) or destruction of valuable species of aquatic bioresources;
• the amount of compensation for losses caused as a result of violation of the legislation on hunting economy and shooting (except for species listed in the Red Book of Ukraine);
• the amount of compensation for illegal harvesting, destruction or damage to species of fauna and flora listed in the Red Book of Ukraine, as well as for the destruction or deterioration of their habitat (growth);
• the level of danger caused by air pollution by hazardous chemicals;
• the level of danger caused by land pollution with hazardous chemicals;
• the level of danger caused by the pollution of water bodies with hazardous chemicals;
• significance of damage to the environment caused by illegal felling of forests, illegal fishing and other living aquatic organisms, bagging of game animals;
• circumstances, organizational and technical causes and consequences of the occurrence of dangerous man-made impact on objects and/or components of the environment.

In view of the above, the recommended list of issues that can be resolved during the engineering and environmental examination is as follows:

1. Where was the source of the negative impact on the environment?
2. What were the ways in which pollutants (harmful) substances spread in the components of the environment?
3. What is the reason for the negative man-made impact on the environment?
4. What is the contribution of the investigated source of pollutants (harmful) substances to the total volume of pollution of the studied components of the environment, taking into account background concentrations, features of their distribution and chemical transformation, and other conditions and circumstances?
5. Has there been pollution of the natural environment exceeding the established and approved regulatory values (maximum permissible concentration, maximum permissible emission, tentatively safe action levels, maximum permissible discharges and other indicators)?
6. What is the amount of compensation for damages caused to the state as a result of a violation of the requirements of environmental legislation?
7. What actions (inaction) and which persons led to the occurrence of the investigated event associated with a negative impact on the environment?
8. When did the man-made negative impact on the environment begin, which resulted in the event under study?
9. Whether an environmental hazard was created as a result of the occurrence of the investigated event (pollution of the environment with hazardous substances, improper handling of hazardous chemicals and waste, unauthorized use of subsoil)?
10. Has there been significant damage to the environment as a result of the occurrence of the investigated event (destruction and damage to objects of plant and animal life)?
11. What is the amount of compensation for losses caused to the state as a result of excessive emissions of pollutants into the atmosphere?
12. What is the amount of damage caused by pollution and littering of land resources due to violations of environmental legislation?
13. What is the amount of compensation for losses caused to the state as a result of unauthorized use of subsoil?
14. What is the amount of compensation for damages caused to the state as a result of violation of the legislation on the protection and rational use of water resources?
15. What is the amount of damage caused to the forest as a result of illegal logging?
16. What is the amount of damage caused by green spaces within cities and other settlements?
17. What is the amount of damage caused by violation of the legislation on the nature reserve fund?
18. What is the amount of compensation for damage caused as a result of illegal extraction (collection) or destruction of valuable species of aquatic bioresources?
19. What is the amount of compensation for damages caused as a result of violation of legislation in the field of hunting and hunting (except for species listed in the Red Book of Ukraine)?
20. What is the amount of compensation for illegal harvesting, destruction or damage to species of fauna and flora listed in the Red Book of Ukraine, as well as for the destruction or deterioration of their habitat (growth)?
21. What is the level of danger caused by air pollution by hazardous chemicals?
22. What is the level of danger caused by land pollution with hazardous chemicals?
23. What is the level of danger caused by the contamination of water bodies with hazardous chemicals?
24. Is there any significant damage to the environment caused by illegal logging, illegal fishing and other living aquatic organisms, bagging game animals?
25. What are the circumstances, organizational and technical causes and consequences of the occurrence of dangerous man-made impact on objects and components of the environment?

Features of issues submitted for resolution by engineering and environmental examination

When appointing an engineering and environmental examination, the person who appoints it must correctly formulate the issues that need to be resolved. The questions posed for the examination should be specific and directly related to the events in respect of which the pre-trial investigation (trial) or clarification of its circumstances is carried out, in particular in cases where expert research is carried out.