Content

1. Content A brief history of English environmental law Overview of legal changes since last year ISO 14001 Pollution Prevention Guidance Notes (PPG's) Waste Environmental Permitting Climate Change and Energy Water Environment Air Pollution Habitats Land Nuisance Q&A

2. Greenwash Virgin: ‘Our Pendolino trains emist 76% les CO2 than cars or domestic flights’ Bottled water: contains “300% more oxygen” Manchester Airport pledge to become carbon neutral Excluding flights Fiji water: “Every drop is green”

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4. Business Risks Being sued Being prosecuted Temporary closure Losing reputation Short-term investment Raw material supply Approved lists Attracting staff Unnecessary expenditure Missing opportunities Clean-up costs 4

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6. Am I bovvered? The London Nightclub ‘Ministry of Sound’ routinely puts up illegal advertising on lamp-posts, walls etc (known as ‘flyposting’). Enforcement action is routinely taken against them. Why do they continue to do it? 6

7. Offence of illegal advertising (TCPA 1990) Under section 224(3) of the Town and Country Planning Act 1990, a person is guilty of an offence if he displays an advertisement in contravention of regulations made under section 220 of that Act. The penalty for the offence is level 4 on the standard scale (currently £2,500), plus a further daily fine of one-tenth of this amount (i.e. £250) for each day that the offence continues.

9. ISO 14001 in 2015the committee draft is now out for consultation

10. 14001 in 2015. Proposed changes • integrate EMS into business processes • organisations shall consider impacts across value chains • stronger senior management commitment • stronger emphasis on environmental opportunities • organisations shall embed environment into their strategic plans • identify stakeholders and their needs • determine external environmental risks which could impact an organisation • control or influence the significant enironmental impacts of products over their lifecycle • = more strategic, outward looking, more valuable • Final version in 2014

11. Historic Regulation of Pollution 11 Air Local Authority, Pollution inspectorate (HMIP) LandNuisance, Local Authorities Water National Rivers Authority (NRA), Sewerage companies

12. Environmental law Driving or Reflecting change? 12

13. International Treaties and obligations – some examples Sustainability Rio Climate change Kyoto Ozone depleters Vienna / Montreal / Beijing Transport of toxic waste Basel Convention Persistent Organic Pollutants (POPs) Rotterdam 13

14. Rio Treaty Precautionary Principle Polluter Pays Principle Public Participation & Risk Communication Environmental Assessment Environmental Impact Assessment Strategic Environmental Assessment 14

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16. What do I do? Wash down the drain? Discharge to the river? Absorb with sand and dispose to landfill? Allow to evaporate? 16 Integrated approach: Best (for the environment) Available Technique Not Entailing Excessive Cost (to the business) BATNEEC

17. BAT Best For the environment Available Invented, or could be adapted May need to import Not ‘available’ if cost far outweighs benefit Technique process, method of working, equipment and tools, staff competence etc 17

18. BAT Consider: current state of technical knowledge, requirements of environmental protection, Cost/benefit analysis the nature, extent and effect of the emission the nature and age of the existing facilities and period of use costs of improvements & economics of the activities 18

19. Best Available Technique A biodigester ‘ferments’ plant and animal material (plant waste, manure etc) using methane & other products to generate energy. You are the Environmental Regulator. What questions do you need to answer before allowing a bio-digester to be built? 19

20. How we regulate “The Environment Agency is the most important environmental regulator in England and Wales. Our work involves the following functions: Authorisations Giving advice Inspection and monitoring Enforcement” 20

21. Local Authorities ‘Local Air Pollution Prevention & Control’ Statutory nuisances, including Noise Smoke and fumes Accumulations & deposits Odours Contaminated Land 21

22. English Heritage Custodian of historic monuments. Chances are, if the building has a roof, then the National Trust will be the custodian instead Designating buildings; advising planning authorities Natural England Conservation of wildlife, geology and wild places Grants, licences, managing NNRs and SSSIs 22

23. What civil sanctions are Unlike prosecution, civil sanctions are imposed or accepted by us. There are six types of civil sanctions: Compliance notice - a regulator's written notice requiring actions to comply with the law, or to return to compliance, within a specified period Restoration notice - a regulator's written notice requiring steps to be taken, within a stated period, to restore harm caused by non-compliance, so far as possible Fixed monetary penalty - a low-level fine, fixed by legislation, that the regulator may impose for a specified minor offence Enforcement undertaking - an offer, formally accepted by the regulator, to take steps that would make amends for non-compliance and its effects Variable monetary penalty - a proportionate monetary penalty, which the regulator may impose for a more serious offence Stop notice - a written notice which requires an immediate stop to an activity that is causing serious harm or presents a significant risk of causing serious harm.

24. Civil sanctions are available for offences under the following regulations: Control of Pollution (Oil Storage) (England) Regulations 2001 Environment Act 1995 Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 Hazardous Waste (England and Wales) Regulations 2005 Hazardous Waste (Wales) Regulations 2005 Land Drainage Act 1991 Nitrate Pollution Prevention Regulations 2008 (England only) Producer Responsibility Obligations (Packaging Waste) Regulations 2007 Salmon Act 1986 Salmon and Freshwater Fisheries Act 1975 Sludge (use in agriculture) Regulations 1989 Transfrontier Shipment of Waste Regulations 2007 Water Industry Act 1991 Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 Water Resources Act 1991. What civil sanctions are used for

26. Pollution Prevention Guidance Notes (PPG’s) EA WEBSITE

27. Updated in the last year Which PPGs have been updated which are relevant to your organisation? New revisions due in the coming months What is due for review?

29. March 2012

30. Pollution Prevention Guidance Notes (PPG’s) Each PPG gives advice on the law and good environmental practice, to help reduce environmental risks from business activities. PPGs: are used by enforcement staff to help customers when visiting businesses; provide up-to-date technical and legal compliance advice to help achieve consistent good environmental practice; are used to support compliance with permit conditions. They can be found here

31. Waste Related Prosecution reviewLegal framework 2013WEEE updateRoHS updateLandfill Tax

32. A case study in good environmental management

33. Waste Prosecution Examples • Review of latest prosecutions from Environment Agency website

34. Waste

35. Waste What is waste? Any Substance or object which is discarded (or is intended / required to be discarded). Controlled waste (everything but domestic) Hazardous waste 35

36. Waste Hierarchy Prevent Reduce Re-use Recycle Composting Energy Recovery Responsibly dispose Best Practicable Environmental Option 36

37. Duty of Care Environmental Protection Act 1990, and Regulations Applies to all Controlled Waste 4 duties: Prevent illegal disposal, treatment, storage Prevent escape Transfer only to authorised persons Provide a description 37

38. Duty of Care: Prevent illegal handling Producer responsible Not sufficient to ensure that waste company is licensed Involves assessment of competence and resources Monitoring paperwork – can you trace all your waste? Training and awareness Individuals may be prosecuted for fly tipping, even if following employer’s instructions (new) 38

39. Duty of Care: Prevent Escape Secure all sites where waste is held – against …? Theft Vermin Vandalism Accident Arson 39

40. Duty of Care: Transfer Only to Authorised Persons Must ensure that receiver is licensed Appropriate for your waste See licence – photocopy not good enough Check EA website (public registers) Companies may move waste between their own sites, e.g. to centralise collection Safely! But generally they may not dispose of it themselves (e.g. bonfire) without a licence register with the EA (£-free) if you regularly move waste between your sites 40

41. Duty of Care: Provide a Description Waste Transfer Notes required for all movements by, or to, third party. 6 part form, to trace producer, carriers, transfer stations, final disposal. Use descriptions from the List of Wastes 41

42. Waste Disposal Landfill tax ‘producer pays’ principal Escalator – increasing prices over time Designed to fund environmental projects … 42

43. Hazardous Waste Pose greatest risk of harm to environment and / or people ‘Harm’ = Harm to health of living organism Interference with ecological system Offending peoples’ senses Harm to peoples’ property Listed in List of Wastes 43

44. Hazardous Waste Includes PC monitors Fluorescent tubes Liquid chemicals Vehicle tyres Batteries Mobile phones Some clinical waste 44

45. Hazardous Waste Hazardous Waste Regulations 2005 Separation of hazardous from non-hazardous waste Separation of different types of hazardous waste Very limited disposal options (~15 landfill sites nationwide) 45

46. Hazardous Waste Producers to register with EA Exemptions if they generate < 500 kg each year Waste handling companies may only collect hazardous waste from registered (or exempt) premises Hazardous Waste Consignment Notes (similar to Waste Transfer Notes) Keep copies 3 years 46

47. Main England/Wales Regulatory Framework - 2013 Environmental Protection Act 1990 Part 2 • Section 34 Duty of Care – Code of Practice • Waste (England and Wales) Regulations 2011 • Controlled Waste Regulations 1992 – as amended • List of Waste Regulations 2005 – as amended • Hazardous Waste Regulations 2005 – as amended • Environmental Permitting Regulations 2010 - as amended Control of Pollution (Amendment) Act 1989 • Controlled Waste (Registration of Carries and Seizure of Vehicles) Regulations 1991 – as amended Environment Act 1995 - Part 5 - producer responsibility • Producer Responsibility (Packaging Waste) Regulations 2007 – as amended • WEEE Regs 2006 – as amended • End of life vehicles 2003 – as amended • Batteries 2009

48. Declaration on transfer note (or consignment note for hazardous waste) that the waste management hierarchy has been applied. Include 2007 Standard Industrial Classification (SIC) Codes The Waste (England and Wales) Regulations 2011 Waste Transfer Notes

49. Waste Transfer Notes 2013Available fromhttp://www.environment-agency.gov.uk/static/documents/Business/Waste_transfer_note_e-form.pdf

50. The Waste (England and Wales) Regulations 2011SIC Codes What is SIC 2007? It’s the latest version of the Standard Industrial Classification which was last revised in 2003. It’s a numerical classification that identifies company principal business. The new classification system was adopted by the UK on 1st January 2008.