EXCESS DISCHARGES OF POLLUTANTS: THE PROBLEMS IN THE METHODS OF DETERMINING THE DAMAGE

Abstract

The article deals with environmental law peculiarities with excess discharges of pollutants (EDP) within the system of the state regulation of water use. It presents the basic theoretical provisions for a comprehensive methods of a forensic engineer, environmental and economic examination of damages incurred by the state as the result of excess discharges ofpollutants into water bodies. This methods solves the following tasks: confirms the facts of EDP registered by the bodies of Ukrainian State Environmental Inspection (USEI) and determines the properties of these EDPs; confirms the initial data collected by USEI to calculate damages; confirms and/or determines the amount of damages. The first task has a priority and is solved by inspecting: the conditions with regard to which the calculation of damages has been carried out; the fact whether the technical object of discharge meets hydraulic requirements; the study of the event and temporal structure of the period when the violation took place, identification of elementary events on the control of return water, control such episodes; determining the characteristics of control events; depiction of the EDP structure with a matrix model.