The Most Common Deficiencies in Emergency Plans and Operating Rules –

 What Czech Environmental Inspectorate (CEI) Inspectors Most Often Find and How to Avoid It

Emergency plans and operating procedures are key documents that must not only be formally correct but, above all, functional and up-to-date. However, practice shows that companies often underestimate their importance, which becomes immediately apparent during an inspection. Some shortcomings are repeated across various industries, and inspectors target them. 

The Prague-based law firm ARROWS regularly helps clients prepare and update these documents to comply with current legislation. Need legal assistance? Contact us at consultation@arws.cz.

When Must You Have an Emergency Plan and What Must It Contain?

An emergency plan is not just a formality but an obligation established by the Water Act for anyone who handles hazardous substances on a larger scale or in a way that poses an increased risk to surface or groundwater. Specifically, an emergency plan is mandatory when storing:

• liquid hazardous substances in a facility with a total quantity of over 1,000 litres

• liquid hazardous substances in portable containers with a total quantity of over 2,000 litres

• solid hazardous substances over 2,000 kg

• dangerous hazardous substances over 250 l (liquids) or 300 kg (solids)

• particularly dangerous hazardous substances over 10 l (liquids) or 15 kg (solids)

If your operation falls into any of these categories, it is highly likely that you need an approved emergency plan. The absence of an emergency plan or its deficiencies can lead to a fine ranging from CZK 20,000 to CZK 1,000,000. If an inspection could also result in subsequent administrative proceedings or the enforcement of penalties, it may be useful to discuss the procedure with our team for commercial and court disputes. Our lawyers at ARROWS can help you determine if you have this obligation and prepare the complete documentation for you – write to consultation@arws.cz.

The Most Common Mistakes That Inspectors Immediately Uncover

During CEI inspections, the same deficiencies repeatedly appear. Based on practical experience from dozens of inspections, the lawyers at ARROWS have compiled an overview of the most common errors that can lead to penalties:

1) Missing or Incomplete List of Hazardous Substances

One of the most serious errors is an incomplete or outdated list of stored hazardous substances. The emergency plan must contain the exact quantity of all hazardous substances, including their average and maximum quantities, and current safety data sheets.

Companies often forget to update this data when changes occur in storage or production. During an inspection, the CEI compares stock cards and operational records with the list in the emergency plan – any discrepancy means a violation of the law. For related situations where environmental impact can lead to the suspension of operations or construction, we provide more details in the article When Air Pollution Can Be a Reason to Halt Construction or Operations.

2) Unspecified or Unavailable Responsible Persons

Another common mistake is the absence of clearly designated responsible persons or outdated contact information. The emergency plan must clearly identify the persons responsible for handling an emergency, including their current phone numbers and email addresses. 

During an inspection, inspectors verify whether these persons are actually available and whether they are properly familiar with the emergency plan. The absence of an immediately available responsible person can constitute a serious error.

3) Missing Leak Detection Control System

The Water Act imposes an obligation to build and operate a control system for detecting leaks of hazardous substances. This system must perform at least one of the following functions: continuous technical detection of the facility's tightness, detection of the presence of a hazardous substance in the vicinity, continuous level measurement with an overfill indicator, or sensory tightness control. 

During inspections, the absence of a functional control system is one of the most frequently penalised shortcomings. For operations where the permitting of technologies, construction, or changes in operation is also addressed, it makes sense to link this to development and construction law. The ARROWS law firm can help you design a suitable control system and incorporate it into your emergency plan – write to consultation@arws.cz.

How Often You Must Update the Emergency Plan and What Inspectors Check

An emergency plan is not a static document that you prepare and get approved once. You must update the data in the emergency plan within one month of any change that could affect its effectiveness and usability. 

A change is defined as, for example, the purchase of new equipment for storing hazardous substances, a change in the type or quantity of stored substances, personnel changes in the position of the responsible person, or changes in the availability of emergency kits.

Leak Tests and Regular Warehouse Inspections

Another frequently inspected requirement is the regular testing of the tightness of tanks and pipelines. The Water Act requires leak tests to be performed at least once every 5 years by a professionally qualified person. A shorter interval may be specified by a technical standard or the manufacturer. 

In addition, you must inspect warehouses and storage sites, including the outputs of their control systems, at least once every 6 months. You must keep proper records of all these inspections and tests, which inspectors will request during an inspection.

New Obligation from 2024 – Digitalisation of Emergency Plans in the ISPOP System

As of 1 August 2024, an amendment to the Water Act introduced a completely new obligation that affects all operators with approved emergency plans. Approved emergency plans must now be entered into the Integrated System of Reporting Obligations (ISPOP). This digitalisation only applies to those emergency plans where an emergency could affect a watercourse.

Newly prepared emergency plans approved after 1 August 2024 must be entered into the ISPOP system without undue delay. Existing emergency plans approved before this date must be entered at the next update, but no later than 31 July 2026. As of December 2024, the F_VOD_HAV form, which allows for the fulfilment of this obligation, is available in the ISPOP system.

However, many operators are unaware that simply uploading a PDF file of the emergency plan is not enough. The form requires filling in structured data on the type and quantity of hazardous substances, the recipient, measures to prevent an emergency, and contact details. In practice, this means that the entire emergency plan must be prepared in a format compatible with the system's requirements. The lawyers at ARROWS can help you with the preparation of documentation for ISPOP and with its proper entry into the system – write to consultation@arws.cz.

Operating Procedures – An Often Underestimated Document with High Risks

While emergency plans are relatively well-known in companies, operating procedures are often underestimated. Yet, their deficiencies can be just as serious and lead to similar penalties. An operating procedure is a document that sets out the conditions for the use of a specific building, facility, or operation. In the environmental field, we most often encounter operating procedures for waste management facilities, wastewater treatment plants, or combustion sources.

Typical Errors in Operating Procedures from the CEI's Perspective

During inspections, CEI inspectors focus on compliance with the conditions set out in the operating procedures. The most common errors include:

• non-compliance with the operating parameters specified in the procedure

• incorrect or incomplete keeping of the operating log

• absence or outdatedness of the organisational structure of the operation

• insufficient training of workers

• missing method for keeping waste records

For non-compliance with the conditions of the operating procedure, the CEI can impose a fine of up to CZK 100,000. In the case of repeated violations or if serious deficiencies are found, the penalties can be significantly higher. The ARROWS law firm regularly helps clients prepare and review operating procedures to ensure they comply with current legislation and minimise the risk of penalties – contact us at consultation@arws.cz.

Organisational Structure and Employee Responsibility

The operating procedure must clearly define the functions and activities of employees and the responsibilities associated with their performance. During an inspection, inspectors verify whether employees are indeed properly trained and whether they are actually performing the activities listed in the operating procedure. A discrepancy between reality and the documentation is a clear signal for imposing a penalty.

Integrated Prevention and Best Available Techniques – What You Must Monitor

If you operate a larger industrial or agricultural facility, you may fall under the regime of the Act on Integrated Prevention and Pollution Control (IPPC). An integrated permit sets binding conditions for the operation of the facility with regard to the protection of the environment as a whole. These conditions are based on the principle of Best Available Techniques (BAT).

Best Available Techniques are the most effective and advanced stage in the development of technologies and activities and their methods of operation which indicate the practical suitability of particular techniques for providing the basis for emission limit values. European BAT reference documents (BREFs) are issued for individual sectors, which become legally binding upon publication in the Official Journal of the EU.

The CEI checks whether operators comply with the binding conditions of the integrated permit and whether they use the best available techniques. Violation of the conditions of an integrated permit is an administrative offence for which a fine of up to CZK 10 million can be imposed. The ARROWS law firm has experience with preparing documentation for integrated permits and with representation in proceedings for their amendment or review. Need help in this area? Write to consultation@arws.cz.

What to Do During a CEI Inspection – Practical Advice from Lawyers

A CEI inspection is a stressful situation for many entrepreneurs. However, the correct procedure during the inspection can significantly influence its outcome and the potential amount of the penalty. The lawyers at ARROWS recommend:

Contact a Legal Representative Immediately

As soon as CEI inspectors arrive at your premises, contact a legal representative immediately. At ARROWS, we are available to our clients even in these critical moments and can quickly provide legal support. Don't be caught off guard and don't try to handle the situation yourself without legal help – write to consultation@arws.cz.

Verify the Identity and Authorisation of the Inspectors

You have the right to ask inspectors to present their service ID and written authorisation for the inspection. You can also object to an inspector's bias if you have reasonable doubts about their prejudice.

Everything in Writing Only

Any verbal agreements are legally unenforceable. The only relevant outcome of the inspection is the inspection report. You have the right to file objections to this report, usually within 15 days of its delivery. The objections must be submitted in writing and must clearly specify which findings they are directed against, ideally supported by evidence. At ARROWS, we will help you prepare professionally founded objections – write to consultation@arws.cz.

Non-cooperation Leads to Fines

Although you have the right to have a legal representative present during the inspection, refusing to cooperate or obstructing the inspection is an offence. Inspectors can impose a disciplinary fine up to the amount specified in the inspection regulations. Therefore, it is important to cooperate, but at the same time, have expert legal assistance during the inspection.

Public Law Liability

This includes fines imposed by the CEI or the water authority, the obligation to remedy environmental damage, and to comply with corrective measures. The costs of remediation and removal of environmental damage can be many times higher than the fine itself.

Private Law Liability

If your emergency causes damage to third parties (for example, neighbouring properties, water sources, or municipalities), you will be liable for damages. In addition, an insurance company may also file recourse claims against you if it finds that you did not act with due care.

Criminal Liability

In the most serious cases, where permanent or long-term damage to an environmental component occurs or where large-scale costs are required to remove the consequences, the conduct may be classified as a criminal offence. In such a case, not only the operator but also the responsible managers may be personally penalised.

The lawyers at the ARROWS law firm are ready to help you in each of these areas. Thanks to our ARROWS International network, we are also able to provide legal assistance in cases with an international element. If you are facing liability for environmental damage, do not hesitate to contact us – write to consultation@arws.cz.

Why Entrust Document Preparation and Representation to the Lawyers at ARROWS

In the field of environmental law, not only theoretical knowledge of legal regulations is key, but above all, practical experience from real inspections and proceedings. The ARROWS law firm provides long-term legal services to more than 150 joint-stock companies, 250 limited liability companies, and 50 municipalities and regions. Our experience in providing services in the environmental field is extensive and practically proven.

What we can specifically do for you:

• prepare emergency plans, operating procedures, and internal directives that will protect you from fines and penalties

• review and update existing documents to comply with current legislation

• prepare the documents required by law for approval proceedings at water authorities

• provide legal consultation before a CEI inspection and assistance directly during the inspection

• prepare objections to the inspection report and represent you in administrative proceedings

• provide expert legal opinions and advice in the field of environmental law

• represent you in court disputes and administrative proceedings concerning fines

• represent you before registries, regulators, and supervisory authorities

• obtain permits and licenses, including their amendments

• provide expert training for employees in the given area, including certification

We are insured for damages up to CZK 350,000,000, which provides you with an additional level of protection. It is therefore safer for companies to have their environmental agenda professionally managed than to risk mistakes that can lead to high fines or even the suspension of operations.

Don't Lose Your Peace of Mind Over Documentation Errors

Emergency plans and operating procedures are not just formal documents, but real tools for preventing serious emergencies and protecting the environment. Their proper preparation and continuous updating is an investment that pays off many times over. However, if you prepare them incorrectly or neglect them, it can lead to high fines, liability for damages, or even the suspension of operations.

The complexity of environmental legislation, frequent amendments to regulations, and the strict approach of inspection authorities make this area one of the riskiest for entrepreneurs. Every step – from selecting the correct quantity and type of stored substances, through designing the control system, to the wording in the documentation – has its legal implications. 

One overlooked detail can mean the difference between a trouble-free inspection and a fine in the hundreds of thousands of crowns. At the ARROWS law firm, we deal with the issues of emergency plans, operating procedures, and integrated prevention on a daily basis. Our experience from providing long-term services to our clients allows us to quickly identify risks and propose effective solutions. 

Thanks to our ARROWS International network, we can also help in cases with an international element, which we are increasingly handling. We are also common partners for in-house corporate lawyers in resolving special environmental matters.

If you are dealing with emergency plans, operating procedures, CEI inspections, or liability for environmental damage, do not hesitate to contact the ARROWS law firm. Simply contact our office at consultation@arws.cz and you will receive expert legal assistance that will protect you from penalties and minimise the risk of errors. 

If you are looking for financing or a business partner for projects in the environmental field, we would be happy to hear your business ideas and can connect you with our clients who have interesting investment or business opportunities.