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…refutes Deputy Mayor’s commentsBy Zena HenryThe isolation of City Hall’s administrative arm from its executive remains one of the biggest challenges for the agency, and with the Litter Prevention Regulations 2013 which clashes with Municipal Act and District Council powers, the situation is only tearing the body further apart.The severe litter situation may have subsided, but remains very much an issue in the city.This is because while state agencies such as the Local Government Ministry and the Environmental Protection Agency (EPA) are making personal contact with the Council’s administrative staffers to deal with environmental issues around the city, the executive is sometimes unaware.Deputy Mayor Patricia Chase-Green highlighted this issue last week during an interview with the media and it prompted a response from the EPA, after it was mentioned that the environmental agency was not making contact with the Council over litter issues. The Deputy Mayor reiterated that for litter measures to be effective, the fine must be increased from $10,000 which is the fine stipulated by the Municipal and Districts Act.The issue was first raised early last year when the new EPA regulations emerged, effectively sharing with the city oversight body, City Hall, authority over the environmental affairs of the capital,Dino Ciccarelli Jersey, but having stronger environmental laws.One of the arguments was that instead of the government strengthening the age-old Municipal and Districts Councils Act with stricter measures and fines, the power was given to the EPA. The Deputy Mayor had told the newspaper then that, “while Chapter 28:01 of the Public Health Act gives the authority to the Council for littering, a fine of $10,000 payable to the Court – which we don’t collect – we understand that litter wardens have the authority to arrest and fine up to $50,000 in Georgetown.” Fines from those culpable persons are not paid to the Council, but it is understood that this new law “overrides” that of the Council, she had stated.However, disagreeing with the Deputy’s utterances, the EPA, while providing “clarification” on the issue, noted that the Litter Prevention Regulations 2013, under the Environmental Protection Act No.11 of 1996 provides for “several offences and penalties and provides for Litter Wardens with authority to enforce these Regulations and with special powers of court on convicting offenders.”The agency, on the matter of communication with the Council, charged that the agency continues to collaborate with several stakeholders including the Ministry of Local Government and Regional Development,Mikko Koivu Jersey, the Mayor and City Council (M&CC), “specifically the Town Clerk, the Chief Constable of the City Constabulary, the Director of Solid Waste, and the City Engineer.”The EPA missive explained that in April last year, the body commenced its activities with the establishment of a Litter Enforcement Unit at the EPA. To show the effectiveness of the new law, it stated that,Alex Pietrangelo Jersey, “The Litter Regulations outline several offences and penalties and provide for Litter Wardens with authority to enforce these Regulations and with special powers of court on convicting offenders. Under ‘offences’, “A person who,Scott Gomez Jersey, without reasonable excuse, deposits litter in or on any public place… is guilty of an offence”.  Also, persons who deposit litter from a moving vehicle unto a public place will be considered an offender.”“If the person who committed the offence cannot be determined,Teuvo Teravainen Jersey, then the driver of the vehicle will be held responsible. Consequently, any individual found guilty of any offence will be liable to a fine of $50,Denis Savard Jersey,000, while a corporate body will be issued a fine of $100,000.”The EPA said it is also an offence not to provide a receptacle for litter in public transportation.“It is expected that the owner of every vehicle for hire provides within his/her vehicle,Connor McDavid Team North America Jersey, a receptacle for the collection of litter. Failure to satisfy this regulation would result in a penalty fee of $15,Shayne Corson Jersey,000.”The Regulations also outline the institution of increased penalties for persons found guilty of repeat offences.“If a person is found guilty of committing a litter offence,Glenn Hall Jersey, the litter prevention warden may instruct that person to place the litter in the nearest receptacle or “remove the litter to the nearest approved site”.’According to the Litter Enforcement Regulations 2013, “where any person is convicted of an offence under regulation three (Special Powers of Court on Convicting Offenders), the court may, in addition to imposing a penalty, order the offender…to clean up and remove such litter deposited in such public place within such period specified in the order”.The Regulations allow for the appointment of Litter Prevention Wardens by the EPA, and by virtue of their office, Officers of the Guyana Police Force, Local Authority, Ministry of Health, Harbour Master, Guyana Geology and Mines Commission, and the Guyana Forestry Commission, among others, are deemed Litter Wardens for the purposes of implementing the Regulations. Persons with such authority “may summarily act to prevent the deposit or attempted deposit of litter in any public place in which they are authorised to act”.The EPA insisted that during the lead-up to the actual implementation of enforcement activities, the EPA consulted all relevant bodies and was “advised” that the City Constabulary Officers can bring charges against offenders under the new regulation.The EPA has highlighted a number of arrests around the city and published the name and in some cases the pictures of polluters which include business owners and individual persons.