COUNTRY REPORTS * ESTONIA
The main environmental objectives and the basic environmental principles are incorporated in the Act related to Sustainable Development (1995) and in the Act related to the Protection of Nature in Estonia (1990).
The Act related to Sustainable Development is a framework act which establishes the principles of the national strategy of sustainable development, which in, turn, is based on the principles established in the decisions of UNCED (1992). Part II of the law establishes the basis for sustainable use of the natural environment and natural resources, which aims to guarantee that the environment meets human needs as well as providing the resources necessary for economic development - without causing significant damage to the environment and without depleting biological diversity.
The Act related to Sustainable Development provides the principles for the further development of Estonian environmental policy. The following principles are stated by law:
The basic environmental acts do not explicitly declare the principles of precaution and prevention.
The act also includes direct provisions that obligate the drafting of legal acts related to the use of natural resources, environmental impact assessment, environmental audit, monitoring, etc.
In the Act related to Sustainable Development, for the first time in Estonia a distinction was made between environmental quality requirements and environmental standards. 'Environmental Quality Requirements' are reference figures or use rates of natural resources per production unit established for the quality of the environment, the volume of waste, or per production unit. In 1994, new environmental limit values were approved that concern the quality of atmospheric air and water. The standards, meanwhile, are independent legal acts developed on the basis of consensus and approved by an authorized standardization body. They regulate activities or the results of activities which either have, or are likely to have, an impact on the state of the environment.
The Act related to the Protection of Nature in Estonia provides a legal basis for the preservation of the conditions of the natural and living environment and for the sustainable use of natural resources. It includes the main environmental objectives and the basic environmental principles. The main principles are as follows: to avoid the dangerous impact of human activities on nature, to maintain the balance of nature, and to organize the sustainable use of nature. The act covers both the basic principles of nature conservation and the use of nature: soil, minerals, water, air, wildlife, waste, and their monitoring and the recording and maintaining of relevant information. The protection of human health is presented indirectly, because environmental protection and the public health care system in Estonia operate separately. The "Polluter Pays Principle" is a basis for the system of economic control of pollution and is implemented in the form of a pollution charge system.
The implementation since January 1991 of some new economic instruments like emission charges, as well as resource pricing in the form of payments for the use or irrational exploitation of natural resources was the principal step away from the previous centrally planned system of regulations in environmental protection. The newly established tax system has various aims, the most important being the following:
Another new category of market-based instruments, resource pricing, has also been introduced since January 1991, under the Regulation of the Estonian Government No 237 of 20 November 1990 concerning the system of fines and payments for environmental management, which laid down the main principles of taxation of pollution and the use of natural resources. It established two main categories of resource pricing in Estonia:
Differentiated compensation charges have been established for changing land use in agricultural, wooded and urban areas, and these have been put into force step-by-step since 1991. Resource payments and charges on the use of natural resources are paid into the local or state budget. There are certain differences in resource pricing as regards what level of government receives the revenues. Payments for the use of natural resources like oil shale, peat, mineral building materials, and water resources are paid both to the state and county or into the municipality budget.
A new definition of EIA is provided in the Act related to Sustainable Development as follows: "EIA is a mandatory assessment of the compliance of planned activities such as development or construction projects, programs, and planning documents with environmental protection requirements and principles of sustainable development, the aim being to find the optimum alternative." It is also stipulated that the procedure for carrying out EIA shall be established by law.
The objective of environmental impact assessment is to assess the effectiveness of mitigation measures, as regards the potential adverse impacts generated by the object of the EIA, and given the environmental capacity of the area; and, if necessary, to come forward with proposals for monitoring schemes. EIA is a mandatory part of the decision-making system concerning economic feasibility, which takes into account the environmental impact of human activities in issuing permits for the use of nature and natural resources. EIA is obligatory before the issuing of permits when demanded by the authority which issues permits, but only in the cases on the list of activities.
In Estonia, the EIA "decision-maker" is either the Ministry of Environment or the given municipal authority, depending on the kind of project that is planned (i.e., projects likely to have impact beyond the borders of local government or projects which are not). There is also a "competent authority," the Ministry of Environment at national level, or the Environmental Board at regional (county) level. This means that the ministry or the board is responsible for carrying out EIA and the presentation of the EIA report, whereas the ministry/municipal authority is responsible for making the final decision on the development consent. The various kinds of projects are the responsibility of the ministry and the board. A consultant specializing in environmental impact assessment must be commissioned to carry out the EIA process and make the impact statement. The competent body signs the contract with the consultant, but the consultant's work is paid by the developer.
In Estonia, the developer may, in most cases, be likened with a "client" who buys the environmental impact assessment services from environmental consulting firms or from the public EIA institution.
Some details of current EIA legislation are in accordance with the council directive, but not in principle. According to the directive, the leading role belongs to the developer, but Estonian legislation gives the leading role to state and local authorities.
Application of EIA legislation in practice can be considered satisfactory, as the practical enforcement of the principles laid down in the appropriate legislation, has mostly seen success. The training of experts/consultants should be accelerated to cover the growing demand for EIA application, and the requisite institutional framework must be further developed.
The right to receive environmental information is regulated by the Constitution and by the Act related to the Protection of Nature in Estonia. Some requirements for public information are included in such laws as EIA legislation and the Earth Crust Act.
Article 44 of the Constitution states that all persons shall have the right to freely receive information circulated for general use. The Constitution defines the obligations of authorities and permissible derogations from the right to receive information.
According to the Act related to the Protection of Nature in Estonia, citizens can demand information on environmental matters from the state and municipal authorities. The act provides citizens with the right of access to information on the environmental state of their communities. A procedure for informing the public has yet to be established, however.
The body of legislation regulating public participation in the economic and social development of communities, regulating the use of natural resources therein, and elaborating the necessary environmental measures, is insufficient. The Act related to Sustainable Development proclaims that public participation in land use planning, development programs, and projects should be organized by the initiator. The Act related to Planning and Building lays down the rules regarding soliciting public opinion, but the existing system doesn't guarantee opinions are taken into account. The question of building up an appropriate mechanism and rules for veritably wide public participation are of utmost importance at present. Individuals have more legal opportunities, e.g., the owners of the planning or mining area.
A person who considers that his or her request for information has been unreasonably refused or ignored, or has been inadequately answered by a public authority, may, in principle, petition a court, but there is no such practice in the Estonian court system.
There are some opportunities for providing general information to the public on the state of the environment in Estonia: the "Estonian Environment" is an annually published, comprehensive survey that gives information about environmental changes, trends and problems in Estonia.
Some principles adopted in Estonian legislation do meet the requirements of the Council Directive. Estonia needs a special legal act on the public's rights to information and to participate in decision-making. However, practical opportunities to petition courts are not yet sufficient. A proper mechanism is lacking to apply for environmental information, and likewise observable is the insufficient capacity of environmental authorities to provide many-sided information on environmental protection matters.
Approving the procedures for use of the eco-label is in the competence of the government.
The Packaging Act provides the legal basis for labeling products which have a reduced environmental impact during their entire life cycle. It is possible to take into account the other principles of the council regulation in drafts of other legal acts.
Emission charges are, in principal, the previously fixed taxes on direct releases into air or water, as well as in the case of waste disposal.
The charge system is based on permits which are issued by the local environmental boards. At its basis is the requirement that environmental and health standards be followed, embracing Maximum Permissible Concentrations (MPCs) for each pollutant. In the Regulation of the Minister of Environment No 59 from 14 December 1994 on the Establishment of the Maximum Permissible Concentrations of Pollutants in the Air Layer Near the Earth's Surface, setting minimum emissions per year from stationary sources for which emission permit are not yet required.
The Estonian Environment Fund is, in principle, the extra-budgetary fund. The fund is divided into a centralized Republic Fund, 20 local (county or municipal) funds and specially earmarked funds. The Republic Fund is attached to the Estonian Ministry of Environment, and the local funds to the local county or municipality Environmental Protection Boards.
The activities of the fund are run by the Fund Council, the composition of which is determined by the Estonian Government on proposal of the Ministry of Environment. The Environment Fund functions in accordance with the Environment Fund Act (1994) and the Statute of the Fund.
The fund's financial resources are used for subsidiary financing of environmental and nature protection activities, in accordance with adopted national or regional programs (waste management, nature protection, education, etc.).
At present, the major part of the fund's revenues come from pollution charges. The rest of the revenues, which consist mostly of non-compliance fees, are to some extent unforeseeable, since they depend on the environmental strategies chosen annually by polluters themselves under varying economic conditions.
Pollution charges and non-compliance fees are partly paid to local funds established at the respective environmental boards. In their turn, the fund's financial resources are used partly by local and partly by state authorities. As for the centralized Republic Fund, its revenues are formed by redistribution of local funds' revenues. All the revenues from counties and municipalities are redivided between the Republic Fund (which gets 50 percent of total revenue) and the remaining 20 local funds. The use of Republic Fund's means is fixed by the decision of the Fund Board. Local funds have the right to use their revenues as they wish.
The revenue-raising nature of pollution control still dominates. Real economic control and management, however, is hindered by various factors. Both the administrative regulations and economic instruments, as well as incentives, must still go a long way in establishing the right proportions to meet cost-efficiency principles. Considerable effort must be applied.
Eco-management and environmental audit are not regulated in Estonia. The Act related to Sustainable Development sets the principle that environmental audit is an assessment of the compliance of environmental administration and activities of an operating enterprise with environmental protection requirements, and with the principles of sound environmental practice and sustainable development. Environmental audit is obligatory in cases defined by law. At present, a working group in the Ministry of Environment is drafting the law on voluntary participation by companies in the industrial sector in an eco-management and audit scheme.
The principles of Estonian environmental audit are in accordance with the council regulation, except for the idea that audit is obligatory in cases set forth in the law.
Although this law was enacted during the former Soviet system, the general principles and requirements are still considered appropriate to the Estonian Republic and are therefore still in force. The relevant issues were in the competence of the SU and are now in the full competence of the Republic of Estonia. These include establishing procedures for the protection of atmospheric air, elaborating the development of air protection activities, state control and monitoring of atmospheric air, and handling all other problems in this field. However, many detailed regulations complement the basic law.
Chapter 2 regulates the practical measures in the protection of atmospheric air. ¤ 8 sets the principles of assessment of air pollution on the basis of limit concentrations or so-called Maximum Permissible Concentrations (MPCs) of pollutants and maximum allowable levels of hazardous physical impacts.
In 1994, the framework law, the Act related to the Protection of Estonian Nature (1990), the Regulation of the Minister of Environment on the Establishment of Maximum Permissible Concentrations of Pollutants in the Air Layer Near the Earth's Surface No 59 from 14 December 1994 replaced the previous Regulation No 16 from 18.11.1991 on norms of ambient air pollutants. This regulation sets forth revised MPCs for hazardous substances and compounds in outdoor air. Four characteristics are given for 140 pollutants; the code of pollutants, 20-min. MPCs, 24-hour MPCs and minimum emissions per year from stationary sources, for which an emission permit is not yet required.
¤ 9 of the Act related to Protecting Atmospheric Air also lays down the requirement of establishing emission permits for any stationary or mobile source of pollution. The permits should guarantee the situation of pollution where no emission norms or MPCs are violated. Numerous changes and amendments have taken place in this regard. The latest regulation of the Minister of Environment, from 14 December 1994, is entitled 'Establishment of Ambient Air Pollution Permits', and amends Regulation No 39 from 9 September 1994 called 'Issuance Procedure for Pollution Permits'. The Regulation of the Minister of Environment No 29, from 21 October 1992, enacts the 'Procedure of Standardizing and Accounting Emissions from Stationary Sources of Air Pollution'.
At present there are no other regulations in Estonia on air pollution from motor vehicles. As for the technical characteristics of motor vehicles, Regulation of the Minister of Transport and Communication No 3 from 26 February 1993 provides rules for the technical inspection of vehicles, presenting appropriate emission standards and testing procedures. While tax incentives have been implemented for the violation of CO emission standards in exhaust gases, until now, the technical basis for the consistent and regular testing of vehicles has been insufficient for efficient control or significant revenue raising.
The current lists of dangerous substances do not match with those of the EU as the dangerous substances in Estonian legislation are divided only into two groups (in Council Directive 67/548/EEC, into 14) There is no basic contradiction as regards the principles, however. The new classification is expected to be drafted by the government in the near future.
There are no contradictions, in principle, between Estonian and EU legislation on dangerous substances and industrial safety. Estonian legislation needs updating to accommodate technical progress and revision for better congruity. This will require ample time and resources.
The regulation also states that the handler of dangerous substances shall test the influence of the substances before starting his or her activities, name a person with the necessary qualifications which have been approved by the National Board of Technical Inspection to supervise the use and handling of dangerous substances, name workers who may handle the devices with which dangerous chemicals are used or produced, and that dangerous substances placed on the market shall be packed and labeled accordingly.
Those workers to handle such equipment must be at least 18 years of age and have the necessary training and expertise.
The handler shall notify the National Board of Technical Inspection about arrangements for production, new substances taken into use, and inform the authority in the event of the termination of production.
In accordance with the government regulation, the National Board of Technical Inspection enacted a decree 16 October 1992 on the rules of 'Industrial Production, Use and Storage of Dangerous Substances'. This regulation sets forth detailed rules on the use, production and storage of dangerous substances, and also rules on the control, supervision and investigation of emergency situations and accidents. Dangerous substances are divided into two groups by physical indicators like flammability.
The Packaging Act of 3 May 1995 (entered into force on 26 May 1995) states in ¤ 7 that dangerous goods containing substances posing a danger of infection; and corrosive, flammable, oxidizing, toxic, explosive or radioactive substances must be labeled accordingly (The standard will be enacted by the Estonian Board of Standards. This standard is currently being drafted and must be completed by 1 July 1996. The relevant European standard is being followed.) Room is allowed for an adjustment period to adopt the provisions of this act, ¤ 20 laying down 1 Jan 1999 as the date that only packages and goods packaged in accordance with the law and acts based on it can be produced and placed on the market.
Precautionary measures in manufacturing dangerous chemical substances:
¤ 4 of the Act on Public Health Protection lays down the obligation that the competent state health official must be consulted before beginning production and before placing dangerous substances on the market, and ¤ 19 states the liability of legal persons for not consulting the state health official. There is a fine for offenses.
The Public Health Protection Act in ¤ 12 lays down the obligation of public or private legal entities to immediately inform the state health authority and local authorities of accidents and situations which might deteriorate human health or the environment.
Government Regulation No 175 of 11 June 1992 aims to provide a legal basis for the prevention of damage to health, environment or property caused by dangerous substances.
Before constructing buildings for the manufacture or storage of substances which may impose a hazard to environment, authorization must be obtained from the National Board of Technical Inspection. The construction work must be done under the supervision of a competent official named by the board. The buildings can be used only after the board issues a license.
The manufacturing process is controlled by a competent official named by the board.
Decree No 22 of 16 October 1992 of the National Board of Technical Inspection states that during the operation of enterprises, attention must be paid to the prevention of accidents. To this end, machinery, storage installations, piping and measuring instruments should be equipped with necessary safety, handling and control systems to avoid danger to health, the environment or to property and to minimize the harmful results of accidents.
Before initiating the production, use or storage of dangerous substances of danger class No 1 prior authorization must be obtained from the National Board of Technical Inspection, which in turn must inform the Ministry of Environment, the State Labor Inspectorate, and the National Health Service, which participate in the control procedure if necessary.
Machinery must be controlled regularly, and if the Technical Inspection Board requests, technical consultation must be carried out.
Government Regulation No 175 of 11 June 1992 states that in the case of accidents related to dangerous substances the given manufacturer must inform the State Technical Supervision Board immediately. If any damage has occurred to the environment, the local environmental board and the Ministry of Environment must also be informed (according to decree No 22 of 16 October 1992 of the National Board of Technical Inspection).
The Estonian rules on industrial accidents are scattered over various acts. Some important issues are regulated by a government board, although they must be regulated at least at governmental level. A single law is required which would contain all the most important issues covered by Council Directive 82/501/EEC of 24 June 1982. Some of the relevant principles are covered in Estonian legislation, such as the manufacturer's obligation to take measures to prevent accidents and to notify the competent authority of industrial activities where dangerous substances are involved, and of accidents, in addition to providing workers with necessary information. However, Estonian legislation is not as detailed as that of the EU and contains too many general references to other acts and documents that, in some cases, have not been adopted at all.
Responsibility in the area is divided between many state authorities: the State Health Center, the National Board of Technical Inspection, the Ministry of Environment, and even the State Labor Inspectorate, all of which have some supervisory powers on matters concerned with industrial safety and chemicals. Legislation in the area is weak, however. There is no law related to dangerous substances, only a government regulation and a state board directive, and both are now out of date in light of new laws (the Packaging Act, the Public Health Act, etc.) which have since been approved.
The Act related to protected natural objects establishes a procedure for nominating protected natural objects, and determines the rights and obligations of land-owners and other persons regarding such objects. Protected natural objects include protected areas, natural monuments and protected species.
An important part of Estonia's nature conservation strategy is the preservation of Biodiversity to a great degree, which primarily means the conservation of natural wildlife. Compared to many member countries of the EU, the situation of Biodiversity in Estonia is significantly better. In April 1995, on the basis of a government order, the Commission on Biodiversity was formed to work out the state program on sustainable use and the maintenance of Biodiversity.
The conservation of wild bird species is regulated in the Act related to Protected Natural Objects (1994) and its annexes, which present lists of specially protected, totally protected and partially protected species of birds. The lists of protected habitats are actually missing at present. The habitats are also regulated by the Act on Protected Natural Objects. The latter is applied only in cases where doing so does not contradict the Property Act. In Estonia, special areas have been nominated as wild bird habitats or conservation areas, including international protection areas such as the Matsalu Wetland, Vaika Islands, Puhtu, and Laelatu.
The Register of Wild Birds Habitats is now being built up by the Commission on Protecting Wild Birds, working within the Estonian Ornithological Society (founded in 1921). The commission also aims to disseminate information to the general public on the principles of bird conservation.
The jurisdictional responsibility to protect species and their habitats is carried out by local and county governments, respective environmental protection boards, and also state nature conservation inspectors.
There are in force at least three legal acts which restrict the illegal harming of wild birds, animals and their habitats, also of rare plants: Government Regulation No 280 of 31 December 1991 on Fines to be Exacted for Illegal Harming of Flora and Fauna; Regulation of the Minister of Environment No 7 of 23 March 1992 approving the Instruction of Exacting Fines for Illegal Harming of Flora and Fauna; and Regulation of the Minister of Environment No 5 of 2 March 1992 correcting the rates of fines to be paid for illegal harming of flora or Fauna. These form the basis for more consistent economic control and management of wildlife.
Certain nature conservation restrictions are imposed on the economic activities of farmers living in protected areas. There is also a special regulation fixing compensation to farmers for damage caused by protected species of wild birds. The compensation money comes from the state budget via the Environmental Fund. Also, land rental exemption is offered to those farmers whose activity preserves the original characteristics and the value of landscape, such as wooded meadows and coastal meadows.
The general principle concerning noise pollution is formulated in the Public Health Act, ¤ 12 subsection 1, which states that before new industrial activities are started, the technologies and products shall be tested as to their safety for health, and this pertains to all products that could be dangerous to health due to their noise emissions.
Instead of the numerous regulations of the former Soviet Union, the National Board for Health Protection has elaborated four basic regulations on noise, infra- and ultrasound.
Acceptable levels of noise, infra- and ultrasound at workplaces are regulated by the norms TKNE -1/1995.
The norms TKNE -2/1995 enact levels for three types of noise (noise, ultra- and infrasound) in households, living areas, and public buildings.
TKNE- 3/1995 fixes the methodological instruction and general requirements for noise, infra- and ultrasound test measurements in work places, describing the appropriate methods in detail.
TKNE- 4/1995 in principle applies the same standards to all households, public buildings and public areas.
Jurisdictional limits have been set concerning waste handling and treatment between the central government, municipalities, the owners of waste, and individuals. The above authorities or persons are obliged to supervise and monitor disposal sites. Local authorities are accorded the leading role in waste management. Duties such as issuing waste licenses and compiling reports, which require the knowledge and experience of environmental experts, are the responsibility of county governments.
The Polluter Pays Principle is incorporated by the Pollution Charge Act (1994). The rates and the implementation procedures are regulated by the central government and the minister of environment. The rates are in accordance with the level of hazardousness of the generated wastes (as regulated by the 'Estonian Classifier of Waste'). The allowed quantities of waste are established for enterprises by a waste license.
The Waste Act provides for the recovery and disposal of waste without endangering human health as a key principle in the handling of waste. There are some detailed regulations only for the handling of hazardous waste, but the conditions for handling non-hazardous waste are set down by the waste license. Much non-hazardous waste and domestic waste is dumped because the handling system for such waste is not well-developed. Abandonment and uncontrolled disposal is not allowed in principle. So long as there are no industrial waste treatment plants, a part of waste is dumped and the rest is recycled. The dump sites in general do not fully meet the demands of the Waste Act. At present, there are no such lists in Directive 75/442/EEC annex ii) a) and annex ii) b) on disposal and recovery.
The system of permits and licenses for handling hazardous waste is regulated by the Waste Act. The procedure is set down in the regulations of the minister of environment entitled "On Granting Waste Licenses" (1992) and "On Granting Hazardous Waste Treatment Licenses" (1992).
The issuance of a statistical report on waste in Estonia was begun some years ago. At present, a questionnaire about waste origin, use, treatment and storage is obligatory for enterprises.
Record-keeping and reporting relates to the system of pollution charges as well. The quantity and composition of wastes must be reported, charges paid, and all information submitted to the county environmental protection department. The department is obligated to control the data and control the given projects and the waste management establishments.
Waste management plans are required for:
The Waste Act does not establish the procedure to be followed in drafting the plan, nor does it define issues that must be solved in the plan.
There is no deposit system like that described in Directive 85/339 EEC, which establishes that the buyer pays the seller a sum of money which is reimbursed when the container is returned. The price of the beverage container is included in the price of the product, so enterprises are interested in buying used glass bottles. The price of used bottles varies. Consequently, refilling and recycling is not regulated by legislation, but some shops have made agreements with industry concerning the return of used glass bottles. The Packaging Act stipulates that a deposit system be organised, however. The principles of the deposit system are in accordance with Directive 85/339 EEC.
The management of the recycling system of packaging material is in the competence of the municipalities. Some municipalities have instituted the selective collection of glass, but education of consumers is yet at an incipient stage. In principle, however, Estonia is now moving towards the drafting of legislational measures in this respect.
There is no such list, such as Directive 85/339/EEC annex of liquids for human consumption. The Packaging Act obliges the government to establish a list of packaging materials that must be returned.
The different categories of hazardous wastes shall be managed separately and the mixing of hazardous waste and non-hazardous waste is not allowed. Enterprises must have a waste license, which establishes the conditions for the management of hazardous waste. Hazardous waste treatment plants must obtain a special hazardous waste treatment license (Regulation of the Minister of Environment, 1992). Hazardous waste shall be labeled in accordance with the Regulation of the Minister of Environment "On Marking Hazardous Waste" (1992).
Data on the origin of waste by class of hazardousness is included in the annual statistical report on waste. Legal persons must submit the data to be used in this report to the County Environmental Department. Waste management facilities and projects are inspected by environmental protection inspectors at the state and county level. They inspect the fulfillment of conditions established by licenses.
As for the landfilling of waste, the provisions in the Waste Act are obligatory for such disposal of waste. Landfilling is confirmed in Estonian environmental legislation as among the most prevalent methods of waste treatment.
Proposal for a Council Directive 93/C 212/02 - Landfill of waste There are no special legal acts on landfills, but requirements for reducing the risk of soil and groundwater pollution, the "polluter pays principle", and so forth, are laid down in the Waste Act, the Act related to Pollution Damages, and other acts.
The Estonian Water Quality Standard establishes:
According to the Water Act, the use of sources for the extraction of drinking water is possible under the provisions for public use and special use of water. Public use is open to everybody. Special use is allowed only by permit. Permits are issued by the given county environmental protection department. It is obligatory to receive the consent of the local government before the issuance of the permit. The priority for the use of groundwater as drinking water is fixed.
The protection of water designated for use as drinking water is based on a system whereby zones of sanitary protection, supply facilities and water intake systems are fixed. The principles are set forth in the Water Act, with the detailed rules to be found in the Regulation of the Minister of Environment (1994). Regulation No 56 of 1 December 1994 on the 'Establishment of Guidelines for Fixing the Zones of Hygiene Protection Areas of Water Supply Facilities and Water Intake Systems' sets the rules for establishing protection zones for ground water and surface water intake systems. The zones are divided into zones of 'strict' restrictions and zones of normal restrictions. For building and industrial activities, both kinds of restrictions shall be established by law.
To improve the quality of surface water, an action plan shall be prepared simultaneously with the drafting of the procedures for the use of the water. The plan shall be adopted by local government.
Recreation areas shall be protected by a 'protection zone with restrictions'. Such areas may not be established near industrial enterprises, harbors, or sewage discharge sites. Special health standards have also been established for recreation areas. The norms are the same for both fresh and sea water.
The sampling operations and inspections are carried out by inspectors of health protection services (HPC) and beaches are under the supervision of the HPC. Supervision also embraces laboratory control, except in the case of bathing sites not certified by local governments and rarely used by the local population. Landowners are obliged to prepare beaches for the beginning of the season.
The environmental and health authorities in Estonia have yet to merge their efforts into a unified system on this front.
The water-use permit system is connected to emission charges. Waste water taxation applies to pollution by BOD, P, N, suspended solids, oil products, sulfates, and phenols. There exists no special list on sulfates and phenols. The polluter is obliged to pay taxes when exceeding the allowable concentrations. The allowable concentrations (mg/l) and tax rates (Kroons per ton) are established by the government.
The Regulation of the Minister of Environment entitled "Limitation of fertilization and use of waste water sediments" (1994), established measures to protect the environment and human health from heavy metals found in sediments.
Around each intake plant, it is obligatory to establish a groundwater protection area. This is regulated by the "Guidelines for fixing the zones of sanitary protection areas of water supply facilities and water intake systems" (1994). The restrictions for activities in the area are established by law. The rules related to the prevention of groundwater pollution apply to both direct and indirect discharges. There is the government regulation on the 'Establishment of the Provisionally Permitted Concentration Limits of Pollutants in Groundwater' (1995). If the quantity is higher in a production zone, it recommended that new enterprises not be established. There are special lists of polluting substances and their maximum allowable quantities in groundwater.
A special monitoring system of bodies of water has been in force for more than 20 years. The monitoring is, in principle, regulated by the Protection of Nature Act in Estonia. The respective data is used by specialists, as the system of public information is poorly developed. The public had little access to data on pollution during the socialist period. However, the so called "White Book", the statistical overview about the use of natural resources, nature conservation and environmental pollution, has been issued annually since the end of the eighties by the Ministry of Environment, and provides detailed information on pollution in every field of nature conservation and environmental protection.