Specific enforcement in environmental law for Rotterdam
The Environment and Planning Act (Ow) integrates enforcement from the General Administrative Law Act (Awb) and sector-specific acts, with specific application in Rotterdam as a major port city. Article 5.1 Ow grants powers for coercive measures in cases of illegal constructions along the Maas or environmental violations in the Port of Rotterdam. The legal qualification focuses on environmental norm violations, tailored to local challenges such as industrial emissions and urban densification.
The enforcement policy of the Municipality of Rotterdam and the associated port authority prioritizes risks, including the Acute Hazard Zone (AGZ) around chemical installations on the Maasvlakte. Proportionality balances business damage in the port against environmental protection of the New Waterway and surrounding nature areas.
Practical examples in Rotterdam
In cases of excess nitrogen deposition due to port activities, the municipality may impose administrative coercion, as in recent cases around the Botlek. The Council for the Environment advises a risk-based approach, suited to Rotterdam's priorities. Case law (ECLI:NL:RVS:2023:789) tests the necessity of measures, with reference to local permits under the Environment and Planning Act.
The violator in the Rotterdam context has a strict information obligation towards the Rotterdam-Rijnmond Environmental Service; non-compliance leads to intensified sanctions. This framework encourages sustainable compliance in the region, with a focus on port safety and air quality.