NEBOSH National Diploma In Environmental Management

Element 6: Environmental Legislative Framework and Methods of Enforcement Environmental Impact Assessment (EIA). (A numberof the installations require an EIA before consentfor development is given. It is suggested that undercertain circumstances, there may be benefit inrunning the two procedures together.)More.For a full list please refer to Schedule 1 to the EPRegulations 2010 available atERIAEnforcement under EPThe following organisations are involved in theenforcement of the installation EP/IPPC regime:AT In England and Wales, responsibilities are splitbetween the Environment Agency and the LocalAuthorities. Additionally, there is consultation dependingon technical expertise between the two groupsof regulators, e.g. the Local Authority are theconsultees with regard to noise issues and the EAoffers assistance on matters where it has particularexpertise. In Scotland, where IPPC permits still apply, theScottish Environment Protection Agency is thesole regulator.EHowever, you should note that the introduction ofthe first set of environmental permitting regulations(Environmental Permitting (England and Wales)Regulations 2007) resulted in the replacement of over40 pieces of legislation which largely implement therequirements of EU Directives. For example, Directive99/13 (on the limitation of emissions of volatile organiccompounds due to the use of organic solvents in certainactivities and installations) until the introduction of theEP Regulations was implemented through PPC permitsunder the Solvent Emissions (England and Wales)Regulations 2004. The requirements of the Directiveare now implemented through the EP 0/675/contents/made.MIn general, PPC complements Acts and Regulationsthat have been made in the above areas and does notrevoke existing legal requirements. For example, PPCinstallations are still covered by the ‘Duty of Care’ forwaste and still have to gain consent for discharges tosewer or surface water.L Waste.PLStructure and Application of Regulationsto Implement PPCMTopic Focus In Northern Ireland, where IPPC permits still apply,separate arrangements have been made by theNorthern Ireland Environment Agency andDistrict Councils.SAThe installation requirements of theEnvironmental Permitting Regulations cover awide range of processes, for example: Energy industries. Production of metals. Chemicals manufacture.C Recovery processes, e.g. waste oils andincinerators.RR Tanneries. Surface treatments, e.g. paint and printingusing solvents. Slaughterhouses. Large food and drink manufacturers. Intensive rearing of poultry and pigs. Dyeing of fibres and textiles.Unit ED1 – Element 6 6-4 RRC Training

Element 6: Environmental Legislative Framework and Methods of EnforcementMobile Plant and Installation Risk-Based Grading System (England and Wales)A(1)A(2)BThe least pollutinginstallations/mobile plantEnvironment AgencyLocal AuthorityLocal Authority1. Energy efficiency1. Energy efficiency2. Waste management2. Waste management3. Consumption of rawmaterials3. Consumption of rawmaterials4. Noise and vibration4. Noise and vibration5. Site restoration anddecommissioning5. Site restoration anddecommissioning6. Accidents and incidentsinvolving the environment6. Accidents and incidentsinvolving the environment7. Emissions to air7. Emissions to air8. Emissions to water8. Emissions to water9. Emissions to land9. Emissions to landERIALSmaller and less polluting thanA(1) installationsThe larger, most pollutinginstallations/mobile plant7. Emissions to airEImpacts that arecontrolled bypermitPollution only to airATEnforcing bodyPollution to air, water and landMPollutingpotentialPollution to the air, water andlandPLThe following enforcement options are available to theregulators: Enforcement notice - if the regulator is of theopinion that an operator is not complying with theirpermit, or its conditions.SAM Suspension of the permit - if the regulator is of theopinion that the installation is being operated in sucha manner as to involve a serious risk of pollution, asuspension notice can be served. The regulator also has powers, if he is of theopinion that an emergency situation exists, to takepreventative steps rather than issuing a suspensionnotice. Costs can be recovered from the operator.Transition from EPA to PPCPart 1 of EPA 1990 has now been completelyreplaced by the Pollution Prevention and ControlAct 1999 (and Regulations 2000, repealed in 2007)and subsequently installation permits under theEnvironmental Permitting Regulations 2010.BATPPC introduced the concept of Best AvailableTechniques (BAT) to environmental regulations.Operators of these industrial activities must use theseBest Available Techniques to control pollution from theirinstallations.CApplication to Surrender a PermitRRIf an operator ceases or intends to cease operating aninstallation, an application for surrender must be madeto the regulator. A site report must be submitted, whichidentifies any changes in condition of the site since theissue of the permit. The regulator need only accept theapplication for surrender, where they are satisfied withthe condition of the site and that no further steps toavoid any pollution risk need be taken. RRC TrainingUnit ED1 – Element 6 6-5

Element 6: Environmental Legislative Framework and Methods of EnforcementTopic FocusBest Available Techniques (BAT)ERIALThe Best Available Technique is in the IPPC Directive as effective and advanced development of activities andoperational methods which indicates suitability of techniques for providing the basis for emission limit valuesdesigned to prevent, and where that is not practicable, generally to decrease the emissions and the impact onthe environment as a whole.The constituent parts of BAT, as we considered earlier in the course, are as follows: “Best” means, in relation to techniques, the most effective in achieving a high general level of protectionof the environment as a whole.AT “Available Techniques” means those techniques which have been developed on a scale which allowsimplementation in the relevant industrial sector, under economically and technically viable conditions,taking into consideration the cost and advantages, whether or not the techniques are used or producedinside the United Kingdom (as long as they are reasonably accessible to the operator). “Techniques” includes both the technology used and the way in which the installation is designed, built,maintained, operated and decommissioned.Various factors are considered when determining the Best Available Technique, such as:M The use of low-waste technology. The use of less hazardous substances.E The furthering of recovery and recycling of substances generated and used in the process and of waste,where appropriate.PL Comparable processes, facilities or methods of operation which have been tried with success on anindustrial scale. Technological advances and changes in scientific knowledge and understanding. The nature, effects and volume of the emissions concerned.M The commissioning dates for new or existing installations or mobile plant. The length of time needed to introduce the Best Available Technique.SA The consumption and nature of raw materials (including water) used in the process and the energyefficiency of the process.RRCThe BAT approach of IPPC differs from regulatory approaches based on fixed national emission limits. Thelegal instrument that ultimately defines BAT is the permit, and permits can only be issued at the installationlevel.Revision Questions1. What environmental impacts are regulated byinstallation permits under EP/IPPC?2. Describe BAT.(Suggested Answers are at the end of this book.)Unit ED1 – Element 6 6-6 RRC Training

Element 6: Environmental Legislative Framework and Methods of EnforcementPowers of Inspectors, Different Types of Enforcement ActionERIA The key environmental regulators in the UK are the Environment Agency (EA), the Scottish EnvironmentProtection Agency (SEPA) and the Northern Ireland Environment Agency (NIEA).LKey Information Enforcement notices, prohibition notices, abatement notices, suspension notices, remediation notices and civilsanctions can be issued under various environmental laws. The penalties for most environmental offences may involve a fine, imprisonment, or both. The local authorities and water companies also have some environmental regulatory responsibilities.AT The enforcement agencies have numerous powers that can be used to carry out their duties (e.g. Section 117 ofEPA 1990).Roles of the AgenciesThe Environment Agency Waste management licensing such as the registrationof carriers and regulation and enforcement of theimport and export of waste. Regulation of contaminated land ‘special sites’in addition to those contaminated by radioactivematerials.EThe Environment Agency (EA) took over responsibilitiesof Her Majesty’s Inspectorate of Pollution, the NationalRivers Authority and the waste regulatory function oflocal authorities in April 2006.Minstallations and regulatory enforcement under theEP Regulations.MPLIt is a non-departmental public body with itsheadquarters located in Bristol and is tasked withresponsibility for policies, standards and making surethat a consistent environmental protection system exists.There are eight regional offices, including one coveringthe whole of Wales.SAThe key roles of the EA are as follows (this list is notexhaustive): Protect and enhance the environment. Adopt an integrated approach to environmentalprotection and enhancement.C Undertake its duties in an economical, efficient andeffective manner. Meet high standards of professional conduct.RR Ensure that individuals and organisations comply withrelevant regulations. Provide high quality, timely advice to government. Prepare and collect high quality data and disseminateinformation. Undertake necessary research.Pollution control responsibilities of the EA include: Permits for emissions discharges and disposal toair, land and water and monitoring compliance andenforcement under water legislation, permitting of RRC Training Monitoring the condition of the environmentand publishing statistics and research advice togovernment. Guidance and general advice to industry and otherson best practice.The EA’s enforcement policy identifies the situationunder which the EA will in most cases prosecute. Thegeneral principles under which it operates are: Accountability – firm but fair regulation. Proportionality – action should be proportionate tothe risk to the environment and to the seriousness ofcompliance with the law. Consistency – this is seen as important but otherfactors such as history of offences may be taken intoaccount. Targeting – regulatory effort is focused towardsareas that present the greatest risk to theenvironment. Transparency – making sure it is clear why the actionhas been taken.The Legislative and Regulatory Reform Act 2006established good principles which regulators must takeinto account, and covers the areas in the EA enforcementpolicy.Unit ED1 – Element 6 6-7

Element 6: Environmental Legislative Framework and Methods of EnforcementNorthern Ireland Environment Agency (NIEA)The Environment Agency’s website can be foundat http://www.environment-agency.gov.uk/.The Northern Ireland Environment Agency forms partof the Department of Environment (Northern Ireland)and has overall responsibility for pollution control andenvironmental protection.The overall aims of the NIEA are to:LMore.ERIA Protect and conserve Northern Ireland's naturalheritage and built environment.The Scottish Environment Protection Agency Control pollution.The overall aim of the Scottish Environment ProtectionAgency (SEPA) is to: Promote the wider appreciation of the environmentand best environmental practices.ATIn undertaking its pollution control duties, its mainobjective is to minimise or prevent, mitigate or remedythe impact that pollution may have on the environment,in addition to ensuring it has sufficient informationsurrounding the level of pollution of the environment.SEPA must also keep up to date with any improvementsin technology or techniques for preventing and abatingenvironmental pollution.The Pollution Prevention and Control Regulations(Northern Ireland) 2003 introduced the IPPC andlocal authority air pollution control regime to NorthernIreland, similar to those introduced under the PPC Act inthe rest of the UK. Part A and B processes are regulatedby the NIEA, with Part C processes (those with significantbut less potential for air pollution) being regulated bydistrict councils.The Northern Ireland Pollution Inventory contains dataon emissions from industry and is kept up to date by theNIEA.M“provide an efficient and integrated environmentalprotection system for Scotland that will both improvethe environment and contribute to the ScottishMinisters’ goal of sustainable development ”.PLESEPA has a responsibility to regulate all installationsidentified as being controlled by the PollutionPrevention and Control (Scotland) Regulations 2000.SEPA also has responsibilities for: Regulating discharges to water, and for protectingand making improvements to water environments.More.The NIEA website can be found at http://www.ni-environment.gov.uk.M Waste management activities (e.g. incinerators).SA Dealing with contaminated land that has beendesignated as a ‘ Special Site’.OffencesUnder the legal system of Scotland, SEPA is not ableto take offenders to court itself, but must instead refercases to the Procurators Fiscal to enable a prosecution tooccur.Offences under the Environmental Protection Act1990These include:C Use and disposal of radioactive materials and wastes.RREnforcement of Environmental LawMore.The SEPA website can found at http://www.sepa.org.uk/. Failure to comply with or contravening anyrequirement or prohibition imposed by anenforcement notice or a suspension notice. Failure to comply with any requirement imposed byregulatory authorities without a good excuse. Preventing another person from answering anyquestion to which an inspector may require ananswer. Intentionally obstructing an inspector in theperformance of his/her duties. Making a statement which is known to be false ormisleading.Unit ED1 – Element 6 6-8 RRC Training

Element 6: Environmental Legislative Framework and Methods of EnforcementOffences under the Pollution Prevention and ControlAct 1999It is an offence under this Act to undertake the following: Operate an installation without a permit. Contravene a permit or its conditions. Fail to comply with a court order requiring remedialaction following conviction.L Pretending falsely to be an inspector.occupier of the premises has the consent of the sewageundertaker or other authorisation. However, theAct does not specify who should prosecute for theseoffences. So, in the case of discharge of dangeroussubstances and where controlled water is affected, theEnvironment Agency would be able to prosecute. Thesewage undertaker could also prosecute.Section 196 establishes trade effluent registerscontaining details of consents and agreements.This complements the discharge consents registersmaintained by the Environment Agency, underWRA 1991.ERIA Intentionally making a false entry in any recordrequired to be kept under Section 7 of the Act.Procedures for Appeal Against Decisions ofInspectors and Enforcing AuthoritiesOffences under the Water Resources Act 1991Formerly it was an offence under Section 85(1) of theWater Resources Act 1991 to cause, or knowinglypermit, poisonous, noxious or polluting matter to entercontrolled waters unless consent to discharge had beengranted. These powers have now been transferred tothe Environmental Permitting (England and Wales)Regulations 2010.There is a right of appeal also in the context of manyseparate pieces of legislation, e.g. an applicant mayappeal if the responsible authority fails to determinean application for various licences, permits, etc. withina set time; there is a right of appeal against planningapproval and against the conditions on an AbatementNotice, specifically Sections 15 and 22 of EPA 1990 givedetails. This is similarly repeated in other environmentallegislation, e.g. the Statutory Nuisance (Appeals)Regulations 1995. Appeals are determined by theSecretary of State. Time periods apply, e.g. an applicanthas six months to appeal against the conditions of aPermit, two months against an Enforcement Notice and21 days against an Abatement Notice. These will bedetailed in the relevant regulations.MMore.PLESection 196 establishes trade effluent registerscontaining details of consents and agreements.This complements the registers maintained by theEnvironment Agency under the EnvironmentalPermitting (England and Wales) Regulations 2010.Under the law, there is a right of appeal in the case ofenvironmental offences, as with others. The right ofappeal against a decision of the court is made to a highercourt (see the figure which follows shortly).AT Falsify documents, etc.M Make false entries in a register.SAFor Scotland see the publications below forfurther information on relevant offences:Water Environment (Controlled Activities)(Scotland) Regulations ntents/madePublic Health etc (Scotland) Act tentsOptions for Enforcement ActionProsecution - Summary, Indictable and HybridOffencesEnvironmental law is statutory. It is a criminal offenceto break environmental law.Environmental cases are ‘hybrid’ in that they may betried by a Magistrates’ or a Crown Court. This lattersituation arises in more serious ‘indictable’ offences.The structure of the Criminal Courts is shown in thefollowing diagram.Water Environment and Water Services(Scotland) Act ntsOffences under the Water Industry Act 1991Under Section 118 of this Act, it is an offence todischarge trade effluent into a sewer unless the RRC TrainingUnit ED1 – Element 6 6-9

Element 6: Environmental Legislative Framework and Methods of EnforcementActionRules on cases of complaintagainst member stategovernments, legality of EClegislation and interprets ECTreaties.ERIAEuropean Court of JusticeRules on a point of law ofpublic importance.ATSupreme CourtMHears appeals againstconviction on points of lawor fact, or against sentence.May:Court of AppealECriminal DivisionPL–– Dismiss appeal.–– Quash lower courts’verdict, or sentence.–– Order new trial.LType of CourtSAMUnlimited fine and up totwo years in prison.RRCCommittal for trial at theCrown Court if there isprima facie evidence (a caseon the face of it), i.e. there isa case to answer.Crown CourtIndictableMagistrates’ CourtSummaryDepending on the offence,either 5,000 fine or max. 50,000 and/or 6 monthsin prison.The Structure of the Criminal Courts in England and WalesUnit ED1 – Element 6 6-10 RRC Training

NEBOSH National Diploma in Environmental Management Unit ED1 MANAGEMENt Of ENvirONMENtAl riSk ElEMENt 6: ENvirONMENtAl lEGiSlAtivE frAMEwOrk AND MEtHODS Of ENfOrcEMENt SAMplE MAtEriAl (Material correct at 1/11/2011) RRC Training 27-37 St George’s road london Sw19 4DS U