Final Env Law Workshop 14 Nov 07

Slide1: 

Tees Valley Resource Efficiency Club Half Day Workshop Environmental Law and Compliance John Binns Senior Consultant Andy Rogers Principal Consultant Atkins

Domestics: 

Domestics Toilets Fire escapes/exits Fire alarm test Breaks – tea/coffee

Introductions: 

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

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 - we’d be here for a week ……….: 

Environmental Law and Compliance A quick run through the fundamentals and the key pieces of environmental legislation A few other bits thrown in, e.g., health & safety Not exhaustive or comprehensive - we’d be here for a week ……….

UK Legal Framework: 

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

Legislatory Framework: 

Legislatory Framework Acts Regulations Statutory Guidance Codes of Practice

Legislation: 

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

Acts of Parliament: 

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

Regulatory Bodies: 

Regulatory Bodies Environment Agency Local Authorities - Pollution Control and Planning Control Water Companies

Environment Agency: 

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

Polluter Pays Principle: 

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.’

Slide12: 

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 Polluter Pays Principle

Slide13: 

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 Majesty’s Hostelries?? Fines

Slide14: 

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

Legal and Other Requirements : 

Legal and Other Requirements COMPANY ACTIVITIES Statutes & Regulators Water Companies Parent Company

Slide16: 

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) 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 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 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 Discharge to surface water: Environmental Protection Act 1990 Water Resources Act 1991 Environment Act 1995 Discharge to sewer: Water Industry Act 1991 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 Ground contamination: Environment Act 1995 Contaminated Land (England) Regulations 2000 Water Resources Act 1991 Ground Water Regulations 1998 Nature protection Wildlife & Countryside Act Protection of Badgers Act Hedgerow Regulations

Slide17: 

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 Environmental Law - Background

Slide18: 

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 Environmental Law

Slide19: 

John

Slide20: 

Company AIR / NUISANCE WASTE WATER Waste Legislation

Legislation: 

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

Slide22: 

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 Waste Legislation

Duty of Care: 

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

Requirements of the Duty of Care : 

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

Classification of Waste Streams: 

Classification of Waste Streams

Hazardous Waste (England & Wales)Regs 2005: 

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

Hazardous Waste (England & Wales)Regs 2005: 

Hazardous Waste (England & Wales)Regs 2005 Hazardous=substances 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

Examples: 

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

7 Steps - Consignment: 

7 Steps - Consignment 1. decide whether the waste being moved is hazardous 2. obtain a new consignment note 3. assign a unique consignment code to each movement of waste 4. collect, move or dispose of the waste 5. save all the consignment notes used 6. provide quarterly returns, as a summary of the consignments of waste received 7. pay the invoice sent by the EA

Further requirement: 

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

Slide31: 

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 Waste Registration

The Producer Responsibility Obligations (Packaging Waste) Regulations 1997: 

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

Obligated Companies: 

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

Obligations: 

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

Andy: 

Andy

Slide36: 

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 Water

Water Resources Act 1991: 

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

Water Industry Act 1991: 

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

Slide39: 

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 Consents

Slide40: 

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 Consents

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

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

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

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

Noise: 

Noise

Slide44: 

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 Noise

Air Emissions: 

Air Emissions

Slide46: 

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 Clean Air Act 1993

Slide47: 

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 EPA90

Slide48: 

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” PPC Act 99

Slide49: 

We’ve covered a lot of the key legislation which is current Unfortunately, the goal posts move on a regular basis What’s going to change? Environmental Law – what’s new?

Slide50: 

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 Environmental Law – what’s new?

Slide51: 

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 Environmental Permitting

Slide52: 

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 Environmental Permitting

Slide53: 

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 Environmental Permitting

Slide54: 

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 Environmental Permitting

Slide55: 

John

Health and Safety: 

Health and Safety

Slide57: 

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 Health and Safety

Ensuring Compliance: 

Ensuring Compliance

Slide59: 

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

Slide60: 

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

Slide61: 

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! Procedure

Slide62: 

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 Actions & Responsibilities

Legislation: 

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

Legislation : 

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

Slide65: 

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 BS EN ISO14001 & Legislation

Andy: 

Andy

Other Legislation: 

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

Other Legislation: 

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

Other Legislation: 

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

Other Legislation: 

Other Legislation Ecology Wildlife & Countryside Act Protection of Badgers Act Hedgerow Regulations Countryside & Rights of Way Act

Other Legislation: 

Other Legislation Building Regulations Part L conditions

Other Legislation: 

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

To Conclude: 

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

Slide74: 

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) 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 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 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 Discharge to surface water: Environmental Protection Act 1990 Water Resources Act 1991 Environment Act 1995 Discharge to sewer: Water Industry Act 1991 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 Ground contamination: Environment Act 1995 Contaminated Land (England) Regulations 2000 Water Resources Act 1991 Ground Water Regulations 1998 Nature protection Wildlife & Countryside Act Protection of Badgers Act Hedgerow Regulations

Slide75: 

Tees Valley Resource Efficiency Club Half Day Workshop Environmental Law and Compliance John Binns Senior Consultant Andy Rogers Principal Consultant Atkins