Tees Valley Resource Efficiency Club Half Day Workshop Environmental Law and Compliance

1
Tees Valley Resource Efficiency Club Half
Day WorkshopEnvironmental Law and Compliance
John Binns Senior Consultant Andy
Rogers Principal Consultant Atkins
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Domestics

• Toilets
• Fire escapes/exits
• Fire alarm test
• Breaks tea/coffee

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Introductions

• 2 minute introductions
• Who are you?
• What do you do?
• Organisation and industry sector
• Outside work interests

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Environmental Law and ComplianceA quick run
through the fundamentals and the key pieces of
environmental legislationA few other bits
thrown in, e.g., health safetyNot exhaustive
or comprehensive - wed be here for a week .
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UK Legal Framework

• Common Law
• Consists of precedents made by previous cases
• Statute Law
• Legislation implemented through acts of
  parliament
• Statutory instruments, by-laws or EU

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Legislatory Framework
Acts Regulations Statutory Guidance Codes
of Practice
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Legislation

• UK legislation
• Bill proposal for Law, Royal Assent required
• Act Bill passed in to Statute sets out the
  principles therefore more detail needed
• Orders/Regulations Statutory Instruments
• Guidance Notes, Circulars, Codes of Practice
• Common Law
• Law of the land
• Common to England and Wales from 1066
• Statute Law
• Laid down by parliament
• Can alter common law
• Controls/restricts activities in some way

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Acts of Parliament

• Environmental Acts provide framework legislation
  (usually)
• Require subsidiary legislation to make them
  effective, e.g., Regulations
• The Acts on their own would only give a limited
  view on the law - details usually in the
  various regulations
• Examples of acts include Environmental Protection
  Act 1990 and Environment Act 1995

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Regulatory Bodies

• Environment Agency
• Local Authorities - Pollution Control and
  Planning Control
• Water Companies

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Environment Agency

• Regulatory Powers under various pieces of
  legislation include
• Entry to premises at reasonable time
• Entry to premises at any time in certain
  circumstances
• Prohibition notices can be served to desist
• Enforcement notices can be served requiring
  action
• Outline remedial steps and timescale
• Prosecution if conditions are not met
• Prosecution
• unlikely unless
• clear culpability (wilful act or neglect of
  responsibility)
• organisation is irresponsible
• it would present a deterrent setting an example
• In the public interest

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Polluter Pays Principle

• the cost of preventing pollution or of
  minimising environmental damage due to pollution
  should be borne by those responsible for the
  pollution.

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Polluter Pays Principle

• Key principle of UK EU Legislation
• Introduced by the UN Conference on the Human
  Environment, Stockholm 1972
• Based on the principle that those responsible
  should pay the costs of minimising or preventing
  pollution
• Companies are required to pay clean-up/remediation
  costs in addition to fines - facility set in
  law

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Fines

• For example
• Under EPA90 and PPC99, maximum fines are 20,000
  in Magistrates Court and unlimited in Crown
  Court prison sentence
• Shell UK fined 1 million for polluting River
  Mersey in 1991 under Water Resources Act
• Milford Haven fined 4 million in 1998 for oil
  pollution
• S.157 of EPA90 allows Directors to be held
  personably liable - would your Boss fancy a
  spell in one of Her Majestys Hostelries??

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UK Legal Framework

• Legislation -the act or process of law making
• Law - all the rules of conduct in an organised
  community

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Legal and Other Requirements
Statutes Regulators
Parent Company
Water Companies
COMPANY ACTIVITIES
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Site location and use Town and Country Planning
Act 1990 Town and Country Planning (Environmental
Impact Assessment) Regulations 1999 The Planning
(Hazardous Substances) Act 1990 and Regulations
1992 Planning and Compensation Act 1999 Control
of Major Accident Hazard Regulations 1999 (COMAH)
Solid waste disposal Environmental Protection
Act 1990 Part II Environmental Protection (Duty
of Care) Regulations 1991 Waste Management
Licensing Regulations 1994 Hazardous Waste
Regulations 2005 Producer Responsibility
Obligations (Packaging Waste) Regulations 1997
Within the building Health Safety at Work Act,
etc 1974 Control of Substances Hazardous to
Health Regulations 19994 Management of Health and
Safety at Work Regulations 19992 Workplace
(Health, Safety and Welfare) Regulations
1992 Highly Flammable Liquids and Liquefied
Petroleum Gases Regulations 1972 Noise at Work
Regulations 1989
Noise Environmental Protection Act 1990 Part III
(Nuisance) Control of Pollution Act 1974, Part
III. Health and Safety at Work, etc Act
1974. Noise and Statutory Nuisance Act 1993
Ground contamination Environment Act
1995 Contaminated Land (England) Regulations
2000 Water Resources Act 1991 Ground Water
Regulations 1998
Releases to air Environmental Protection Act
1990 (IPC, LAAPC, Nuisance) Pollution Prevention
and Control Act 1999 Clean Air Act 1993 Control
of Major Accident Hazard Regulations 1999
(COMAH) Environment Act 1995, Part IV
Discharge to surface water Environmental
Protection Act 1990 Water Resources Act
1991 Environment Act 1995 Discharge to
sewer Water Industry Act 1991
Nature protection Wildlife Countryside
Act Protection of Badgers Act Hedgerow Regulations
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Environmental Law - Background

• Alkali, etc., Works Act 1863
• Alkali Act 1874
• Alkali, etc., Works Regulation Act 1906
• Public Health (Smoke Abatement) Act 1926
• Clean Air Acts 1956, 1968
• Control of Pollution Act 1974 (Part IV)
• Control of Smoke Pollution Act 1989
• Clean Air Acts 1993
• Health and Safety at Work, etc., Act 1974,
  Section 5
• The Environmental Protection Act 1990
• EU Directive on Integrated Pollution Prevention
  and Control 96/61/EC
• Pollution Prevention and Control Act 1999
• Pollution Prevention and Control Regulations

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Environmental Law

• Pollution Prevention and Control Regime
• Principle regulatory regime for control of
  environmental impacts from the most potentially
  polluting activities
• Permit is required - operating without one is
  an offence
• Activities are listed in the PPC Regs as
• Part A(1) regulated by the Environment Agency
• Part A(2) and Part B regulated by Local
  Authorities
• Part A(1) and PartA(2) regulated for releases to
  all media
• Part B regulated for releases to air only
• No significant impact must be demonstrated
• Emission Limits usually set
• Enforcement options available

19

• John

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Waste Legislation
AIR / NUISANCE
Company
WASTE
WATER
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Legislation

• Waste
• Environmental Protection Act 1990 Part II
• Environmental Protection (Duty of Care)
  Regulations 1991
• Waste Management Licensing Regulations 1994
• Hazardous Waste (England Wales) Regulations
  2005
• Producer Responsibility Obligations (Packaging
  Waste) Regulations 1997

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Waste Legislation

• Any substance discarded by producer or person
  in possession.
• All waste is classed as Controlled waste if
  discarded by person in possession, e.g. paper,
  wood, plastic etc
• Some waste are classified as Hazardous Wastes,
  e.g., solvents, oils, fluorescent tubes, engine
  oil filters

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Duty of Care
In the UK, EPA 1990 places a Duty of Care on all
those importing, producing, carrying, keeping,
treating or disposing of waste to do so in a
responsible manner, minimising risk to the
environment
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Requirements of the Duty of Care

• Prevent the treating, keeping or disposing of
  waste in a manner likely to cause environmental
  pollution or harm to human health
• Prevent the escape of the waste
• Ensure waste is transferred to an authorised
  person
• Ensure that a written description of the waste is
  transferred when handed over

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Classification of Waste Streams
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Hazardous Waste (England Wales)Regs 2005

• Effective system of control of wastes which are
  dangerous and difficult to handle
• Ensure waste is effectively managed from
  production to final destination for disposal or
  recovery
• Prevent the mixing of hazardous waste

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Hazardous Waste (England Wales)Regs 2005

• Hazardoussubstances or properties harmful to
  human health or environment
• Mirror Hazardous if over a specific threshold
• Absolute- Hazardous no matter what level of a
  substance contain
• See European Wastes Catalogue 2002

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Examples

• asbestos
• chemical wastes
• healthcare wastes
• electrical equipment containing hazardous
  components such as cathode ray tubes or lead
  solder
• fluorescent light tubes
• lead-acid batteries
• oily sludges
• pesticides
• solvents

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7 Steps - Consignment

• 1. decide whether the waste being moved is
  hazardous2. obtain a new consignment note3.
  assign a unique consignment code to each movement
  of waste4. collect, move or dispose of the
  waste5. save all the consignment notes used6.
  provide quarterly returns, as a summary of the
  consignments of waste received7. pay the
  invoice sent by the EA

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Further requirement

• Must notify EA if you produce 200kg or more of
  hazardous waste in any 12 month period

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Waste Registration

• Controlled Waste (Registration of Carriers and
  Seizure of Vehicles) Regulations 1991
• all waste carriers must be licensed
• companies can transport their own waste to
  disposal or collection point

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The Producer Responsibility Obligations
(Packaging Waste) Regulations 1997

• Implements the recovery and recycling targets in
  the EC directive on packaging and packaging waste
• Aims to raise the level of recovery and recycling
  of packaging waste in the UK

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Obligated Companies

• Perform one or more of the packaging activities
• Own or handle more than 50 tonnes of packaging
  materials or packaging each year
• Annual turnover 2 million or more
• Note waste which is recycled does not need to
  come from the actual packaging that your own
  business produces or handles

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Obligations

• Register with the EA
• Arrange for recovery recycling
• Based upon the amount of packing handled over the
  previous year
• packaging chain activities
• national recycling and recovery targets
• Supply CoC to the EA
• Penalties
• Magistrates Court Fines up to 5,000
• Crown Court Unlimited fine

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Andy
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Water

• Water Resources Act 1991
• Water Industries Act 1991
• Groundwater Regulations 1998

It is an offence to cause or knowingly permit
polluting material to enter controlled water,
including groundwater
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Water Resources Act 1991

• The Environment Agency is the responsible body
  for all discharges to watercourses
• It is an offence to
• discharge to surface waste drains without
  consent
• breach consent conditions

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Water Industry Act 1991

• Discharge to sewer in many cases is the least
  expensive option for the disposal of liquid
  wastes
• The Sewerage Undertakers are responsible for
• controlling discharges to sewer
• issuing discharge consents
• treating the contents of the foul sewer
• protecting the fabric of the sewerage system
• protecting the health, safety and welfare of
  their staff working on or within the sewerage
  system

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Consents

• Discharge Consent Issued under the Water
  Resources Act or Water Industries Act
• Sewerage Undertaker for discharges to sewer and
  Environment Agency for discharges to water
• Limits rate of effluent discharge
• Sets discharge limits, e.g., for COD, BOD, oils,
  sulphates, metals, etc.,
• Consent limits will usually be site specific

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Consents

• Conditions of Consent also usually include
• sampling and monitoring requirements
• keeping of records
• provision of information to Sewerage Undertaker
• for billing purposes
• for regulatory purposes

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The Control of Pollution (Oil Storage) (England)
Regs 2001

• Applies to premises storing over 200 litres of
  oil
• Private dwellings storing over 3500 litres
• Covers all types of oil except waste oil

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The Control of Pollution (Oil Storage) (England)
Regs 2001

• Oil containers should be kept in secondary
  containment bunds
• Bund should be capable of containing 110 maximum
  storage capacity
• Drums can be stored in a drip tray if capable of
  retaining 25 of drum capacity
• Underground storage tanks/pipework to be
  inspected for leaks and damage at regular
  intervals

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Noise
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Noise

• EPA 1990 - Part 3 Statutory Nuisance
• PPC Regulations for PPC Listed Activities
• Town Country Planning Act 1971 generally
  imposes two noise limits via planning permission
• 55 dB(A) - 7am - 7pm
• 45 dB(A) - all other times
• Operations of vehicles often banned between 7pm
  and 7am

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Air Emissions
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Clean Air Act 1993
Part 1 Dark Smoke Part 2 Smoke,Grit,Dust,
Fumes Part 3 Smoke Control Part 4 Control of
Certain Forms Air Pollution Part 5 Information
on Air Pollution Part 6 Special Cases Part 7
Miscellaneous
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EPA90

• Environmental Protection Act 1990
• It is an offence to create a statutory nuisance,
  e.g., smoke, fumes, dust, odour and noise
• Montreal Protocol
• Phase out of ozone depleting chemicals, e.g., CFC
  containing refrigerants

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PPC Act 99

• Pollution Prevention and Control Act 1999
• More stringent requirements set out by the Act
  and the PPC Regs for emissions to air
• Regulated by the Environment Agency or the Local
  Authority
• Requirement to assess the impact of emissions
• Requirement to achieve no significant impact

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Environmental Law whats new?
Weve covered a lot of the key legislation which
is current Unfortunately, the goal posts move on
a regular basis Whats going to change?
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Environmental Law whats new?

• Environmental Permitting Programme (EPP)
• Joint DEFRA, Environment Agency and Welsh
  Assembly Government Initiative to integrate and
  streamline the Waste Management and PPC regimes
• The Environmental Permitting (England and Wales)
  Regulations come into force in April 2008 -
  currently in draft
• Major consultation exercise
• 1st 20/02/06 15/05/06 Policy
• 2nd 13/09/06 06/12/06 Policy draft Regs
• 3rd 15/01/07 11/04/07 Guidance to EA sites
• 4th 12/06/07 04/09/07 Guidance to LA sites
• 5th 18/07/07 10/10/07 Guidance on Directives
  Waste Technical Competence

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Environmental Permitting

• Environmental Permitting EP will
• Be modern, proportionate, risk-based
• Be easier, quicker and cheaper
• Drastically reduce the amount of guidance and
  forms
• Use a streamlined IT system being developed under
  
• the Core Regulation Programme and the Unified
• Charging Scheme
• Save Industry and Regulators time and money
• Full Regulatory Impact Assessment has been
  conducted

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Environmental Permitting

• Focus is on streamlining and simplifying the
  mechanics of environmental permitting and
  compliance systems, beginning with WML and PPC
• PPC Regs will be fully revoked and WML Regs will
  be revoked insofar as they apply to England and
  Wales
• Designed to be extended to other regimes in the
  future ..
• The EP system will
• Continue to protect environment and human health
• Continue to fully implement European Legislation
• Increase clarity and minimise administrative
  burden for both operators and regulators
• Encourage regulators to promote risk-based,
  proportionate regulation as well as best practice
  in the operation of regulated facilities
• Build on current methods of targeting the
  riskiest operations

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Environmental Permitting

• Activities identified by the EP Regs will still
  need a Permit but it will be an Environmental
  Permit
• An Installation
• Meaning a facility carrying out any activity
  listed in Schedule 1 of the EP Regs
• A Waste Operation
• Meaning any disposal or recovery of waste which
  is not exempt under the EP Regs
• A Mobile Plant
• Meaning the carrying on of any of the above
  activities by means of mobile plant
• i.e., the same activities that were previously
  regulated under the PPC and WML regimes

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Environmental Permitting

• There will be two types of Permit
• Standard
• Initial focus on the Waste Sector
• Bespoke
• More complex processes, e.g., PPC Part A(1)s

55

• John

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Health and Safety
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Health and Safety

• The Health Safety at Work Act 1974
• Control of Substances Hazardous to Health 2002
• Management of Health Safety at Work Regs 1999
• Provision Use of Work Equipment Regulations
  1998
• Workplace (Health, Safety Welfare) Regs 1992

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Ensuring Compliance
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Legal Register

• List all
• relevant legislation
• industry codes of practice
• internal standards
• customer requirements

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Legal Register

• Identify relationship to significant aspects
• Detail the duty imposed on the company
• Identify the action(s) required to ensure
  compliance
• Identify responsibilities

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Procedure

• Establish management procedure to maintain
  update register
• Identify suitable, reliable methods for ensuring
  awareness of new or revised legislation
• Define responsibilities - Ignorance is no
  defence!

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Actions Responsibilities

• Ensure clearly defined mechanisms for ensuring
  compliance with new legislation
• Ensure those with responsibility for action(s)
  have a basic understanding of the Legislation and
  any relevant EMS procedures

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Legislation

• Keep up to Date
• Environment Business magazine
• Croners
• ENDS Reports
• Journal of Environmental Law
• Consultants
• Conferences/ Seminars
• Changes identified
• All personnel affected should be notified to
  ensure compliance

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Legislation

• Liaison with Regulators
• Normal reaction is to keep them at arms length!
• Regulator is there to help
• Liaison is useful when
• Uncertain about options
• Clarify definitions of law subject to
  interpretation by Courts
• Enquire as to relevance of Regulations/Guidance
• Establishing how compliance may be demonstrated
• Solutions provided by Regulator may be built into
  EMS

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BS EN ISO14001 Legislation

• Legal compliance is the minimum performance
  requirement of BS EN ISO14001
• Audits must check for compliance with the law
• External assessors must inform senior management
  of breaches
• Assessors must ensure records are maintained
  corrective action taken

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Andy
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Other Legislation

• Environment Act 1995 (Air Quality)
• Part IV contains provisions for a National Air
  Quality Strategy
• Local authorities will undertake reviews of air
  quality AQ
• Where AQ is poor local authorities will
  designate an Air Quality Management Area (AQMA)
• In AQMAs stricter controls on industrial
  emissions will occur

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Other Legislation

• Ground Contamination
• Environment Act 1995
• Contaminated Land (England) Regulations 2000
• A statutory definition of contaminated land
• A pro-active and strategic approach to
  identification of contaminated land
• A systematic approach to liabilities
• Water Resources Act 1991
• Groundwater Regulations 1998

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Other Legislation

• Environmental Impact and Planning
• The Town and Country Planning (Environmental
  Impact Assessment) (England and Wales)
  Regulations 1999
• Town and Country Planning Act 1990
• Planning Policy Guidance 9 (Nature Conservation)
• Tree Preservation Orders

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Other Legislation

• Ecology
• Wildlife Countryside Act
• Protection of Badgers Act
• Hedgerow Regulations
• Countryside Rights of Way Act

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Other Legislation

• Building Regulations
• Part L conditions

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Other Legislation

• Material Specification
• Ozone depleting substances
• Timber (treated)
• Halons
• Polychlorinated biphenyls

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To Conclude

• Understanding the legal requirements for your
  organisation is crucial
• Develop a matrix which shows
• relevant regulations and their applicability
• where regulations are held
• who is responsible for compliance
• related procedures and work instructions
• Refer to
• operational permits
• discharge consents
• any other authorisations

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Site location and use Town and Country Planning
Act 1990 Town and Country Planning (Environmental
Impact Assessment) Regulations 1999 The Planning
(Hazardous Substances) Act 1990 and Regulations
1992 Planning and Compensation Act 1999 Control
of Major Accident Hazard Regulations 1999 (COMAH)
Solid waste disposal Environmental Protection
Act 1990 Part II Environmental Protection (Duty
of Care) Regulations 1991 Waste Management
Licensing Regulations 1994 Hazardous Waste
Regulations 2005 Producer Responsibility
Obligations (Packaging Waste) Regulations 1997
Within the building Health Safety at Work Act,
etc 1974 Control of Substances Hazardous to
Health Regulations 19994 Management of Health and
Safety at Work Regulations 19992 Workplace
(Health, Safety and Welfare) Regulations
1992 Highly Flammable Liquids and Liquefied
Petroleum Gases Regulations 1972 Noise at Work
Regulations 1989
Noise Environmental Protection Act 1990 Part III
(Nuisance) Control of Pollution Act 1974, Part
III. Health and Safety at Work, etc Act
1974. Noise and Statutory Nuisance Act 1993
Ground contamination Environment Act
1995 Contaminated Land (England) Regulations
2000 Water Resources Act 1991 Ground Water
Regulations 1998
Releases to air Environmental Protection Act
1990 (IPC, LAAPC, Nuisance) Pollution Prevention
and Control Act 1999 Clean Air Act 1993 Control
of Major Accident Hazard Regulations 1999
(COMAH) Environment Act 1995, Part IV
Discharge to surface water Environmental
Protection Act 1990 Water Resources Act
1991 Environment Act 1995 Discharge to
sewer Water Industry Act 1991
Nature protection Wildlife Countryside
Act Protection of Badgers Act Hedgerow Regulations
75
Tees Valley Resource Efficiency Club Half
Day WorkshopEnvironmental Law and Compliance
John Binns Senior Consultant Andy
Rogers Principal Consultant Atkins