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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
Slide 1
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”
Slide 2
3
Slide 3
Business Risks
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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
Slide 4
5
Slide 5
Am I bovvered?
6
• The London Nightclub ‘Ministry of Sound’
routinely puts up illegal advertising on lampposts, walls etc (known as ‘flyposting’).
• Enforcement action is routinely taken against
them.
• Why do they continue to do it?
Slide 6
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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.
Slide 7
Slide 8
ISO 14001 in 2015
the committee draft is now out for
consultation
Slide 9
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
Slide 10
Historic Regulation of Pollution
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Air
Local
Authority,
Pollution
inspectorate
(HMIP)
Water
National Rivers
Authority (NRA),
Sewerage companies
Land
Nuisance,
Local
Authorities
Slide 11
Environmental law
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Driving
or
Reflecting
change?
Slide 12
International Treaties and obligations – some examples
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• Sustainability
– Rio
• Climate change
– Kyoto
• Ozone depleters
– Vienna / Montreal / Beijing
• Transport of toxic waste
– Basel Convention
• Persistent Organic Pollutants (POPs)
– Rotterdam
Slide 13
Rio Treaty
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Precautionary Principle
Polluter Pays Principle
Public Participation & Risk Communication
Environmental Assessment
– Environmental Impact Assessment
– Strategic Environmental Assessment
Slide 14
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Slide 15
What do I do?
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• Wash down the
drain?
• Discharge to the
river?
• Absorb with sand
and dispose to
landfill?
• Allow to evaporate?
Integrated approach:
Best (for the environment) Available Technique
Not Entailing Excessive Cost (to the business)
BATNEEC
Slide 16
BAT
17
• 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
Slide 17
BAT
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• 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
Slide 18
Best Available Technique
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• 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?
Slide 19
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How we regulate
“The Environment Agency is the most important
environmental regulator in England and Wales.
Our work involves the following functions:
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Authorisations
Giving advice
Inspection and monitoring
Enforcement”
Slide 20
Local Authorities
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• ‘Local Air Pollution Prevention & Control’
• Statutory nuisances, including
– Noise
– Smoke and fumes
– Accumulations & deposits
– Odours
• Contaminated Land
Slide 21
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• 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
Slide 22
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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.
Slide 23
What civil sanctions are used for
Civil sanctions are available for offences under the following regulations:
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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.
Slide 24
Slide 25
Pollution Prevention Guidance
Notes (PPG’s)
EA WEBSITE
Slide 26
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?
Slide 27
Slide 28
March 2012
Slide 29
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
Slide 30
Waste Related
Prosecution review
Legal framework 2013
WEEE update
RoHS update
Landfill Tax
Slide 31
A case study in good environmental
management
Slide 32
Waste Prosecution Examples
• Review of latest prosecutions from Environment Agency
website
Slide 33
Waste
Slide 34
Waste
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• What is waste?
• Any Substance or object which is discarded (or
is intended / required to be discarded).
• Controlled waste
– (everything but domestic)
• Hazardous waste
Slide 35
Waste Hierarchy
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Prevent
Reduce
Re-use
Recycle
Composting
Energy Recovery
Responsibly dispose
Best Practicable Environmental Option
Slide 36
Duty of Care
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• 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
Slide 37
Duty of Care: Prevent illegal handling
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• 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)
Slide 38
Duty of Care: Prevent Escape
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• Secure all sites where waste is held – against
…?
• Theft
• Vermin
• Vandalism
• Accident
• Arson
Slide 39
Duty of Care: Transfer Only to Authorised Persons
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• 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
Slide 40
Duty of Care: Provide a Description
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• 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
Slide 41
Waste Disposal
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Landfill tax
‘producer pays’ principal
Escalator – increasing prices over time
Designed to fund environmental projects …
Slide 42
Hazardous Waste
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• 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
Slide 43
Hazardous Waste
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• Includes
– PC monitors
– Fluorescent tubes
– Liquid chemicals
– Vehicle tyres
– Batteries
– Mobile phones
– Some clinical waste
Slide 44
Hazardous Waste
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• 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)
Slide 45
Hazardous Waste
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• 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
Slide 46
Main England/Wales Regulatory Framework - 2013
Environmental Protection Act 1990 Part 2
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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
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Controlled Waste (Registration of Carries and Seizure of Vehicles)
Regulations 1991 – as amended
Environment Act 1995 - Part 5 - producer responsibility
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Producer Responsibility (Packaging Waste) Regulations 2007 – as
amended
WEEE Regs 2006 – as amended
End of life vehicles 2003 – as amended
Batteries 2009
Slide 47
The Waste (England and Wales)
Regulations 2011 Waste Transfer Notes
• 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
Slide 48
Waste Transfer Notes
2013
Available from
http://www.environmentagency.gov.uk/static/docu
ments/Business/Waste_tra
nsfer_note_e-form.pdf
Slide 49
The Waste (England and Wales) Regulations 2011
SIC 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.
SIC 2007 Full List
SIC 2007
Description
01110
Growing of cereals (except rice), leguminous crops and oil seeds
01120
Growing of rice
01130
Growing of vegetables and melons, roots and tubers
01140
Growing of sugar cane
01150
Growing of tobacco
01160
Growing of fibre crops
01190
Growing of other non-perennial crops
01210
Growing of grapes
01220
Growing of tropical and subtropical fruits
01230
Growing of citrus fruits
01240
Growing of pome fruits and stone fruits
Slide 50
Controlled Waste (England and Wales)
Regulations 2012
Who will the Controlled Waste
Regulations 2011 affect?
•The regulations are be of interest to local
authorities.
•They revoke the 1992 regulations.
Slide 51
Controlled Waste (England and Wales)
Regulations 2012
What are the changes?
• These include:
• giving local authorities the power to charge
for the disposal as well as collection of waste
from non-domestic properties
• reclassifying waste from certain properties as
commercial and not household waste
• retaining local authorities’ discretion to decide
when to charge depending on local
circumstances
Slide 52
Controlled Waste (England and Wales)
Regulations 2012
• providing free disposal to charity shops
and reuse organisations
• retaining local authorities’ duty to
collect waste from certain
organisations for public health
protection
• restructuring the controlled waste
regulations to make them easier to use
Slide 53
Waste (England and Wales) Regulations 2011
• From the end of 2013 an organisation
will need to register with the EA as a
lower tier carrier if it regularly carries
controlled waste produced by its own
business
• Registrations will be valid indefinitely
and there is no fee for registering
Slide 54
The Packaging (Essential Requirements) Regulations 2003 – as
amended
55
• Apply to those who:
– produce packaged products
– design or specify packaging
– import packaged goods or filled packaging into
the UK
– sell packaged goods or filled packaging
Slide 55
from “Making the most of packaging” DEFRA
Slide 56
The Packaging (Essential Requirements) Regulations 2003 – as
amended
57
• Minimise (weight and volume)
• Allow packaging to be recovered
• Design to be recycled, have energy recovered
from it, or be composted or reused.
• Design for reuse
• Consider impact on the environment after
disposal
• Minimise hazardous substances
Slide 57
Packaging – producer responsibility
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• Threshold: 50 tonne; £2 million t/o
• Applies to:
– Packaging manufacturer (and material
manufacturer)
– Filler of packaging (putting goods or products into
packaging)
– Seller of packaged goods to the end user
– lease or hire out packaging, such as pallets
• Does not apply to:
– Final user of packaged goods
Slide 58
Packaging – producer responsibility
59
• Actions
– Measure packaging imported or used (unless
you are final user)
– Register with EA or Compliance scheme
– pay for the recovery and recycling of certain
amounts of packaging waste
– provide evidence to your environmental
regulator, using packaging recovery notes
– provide information to your customers about:
• reusing, recovering and recycling packaging
• the collection facilities available to them.
Slide 59
Proportional packaging obligations
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• raw material manufacturing 6%
• converting 9%
• pack/filling 37%
• selling 48%
• service providing 85%
• importing 100%*
Slide 60
Waste Electrical & Electronic Equip
61
• WEEE
• Suppliers required to remove and recycle
equipment that they replace - free
• Suppliers also required to remove and recycle
equipment sold after August 2005 – free
• Older equipment not being replaced must be
recycled – the owner pays
Slide 61
WEEE
(Waste Electrical and Electronic Equipment )
Review completed as part of red tape challenge.
Consultation now underway
[2 more reviews are underway by BIS on
Batteries and Packaging]
Slide 62
Slide 63
Producer responsibility review plans to cut
WEEE compliance costs
• The consultation has been broadly welcomed by producer
compliance schemes (PCSs) and also trade associations.
The Joint Trade Associations (JTA) group comprises eight trade
associations and four producer-led compliance schemes,
collectively representing over 90% of all WEEE producer
responsibility in the UK.
In an issued statement, the JTA said: "Last year, the Government's
Red Tape Challenge concluded that producers were financing costs
far higher than the true cost of compliance under the current WEEE
regulations.
"The JTA are pleased that BIS has committed to addressing the key
issues that are causing this through new WEEE regulations."
Slide 64
Producer responsibility review plans to cut
WEEE compliance costs
• simpler, lower cost registration option for
medium-sized businesses and a second tier for
all other producers (large producers)
• small producers spared from the costs of
recycling (but will still need to register)
• The EA may see its role change to focus more
on compliance schemes rather than individual
producers, except where direct registration is an
option.
Slide 65
“WEEE 1” “WEEE Recast”
What you must do as a Producer
/Manufacturer
• Register with one of the UK Environment Agencies
• Join an approved Producer Compliance Scheme (PCS)
• Make information about the amounts of EEE placed on
the market available to the PCS
• Mark all EEE placed on the market with the “crossed-out
wheeled bin” symbol
• Make information available to treatment facilities
• Appoint an authorised representative in any other
Member States in which you place product on the market
Slide 66
“WEEE 1” “WEEE Recast”
What you must do as a Distributor
• Provide information to consumers about the environmental
impact of EEE and WEEE and about the separate
collection of EEE
• Facilitate the take back of WEEE from consumers free of
charge either by joining the UK Distributor Take-back
Scheme or by taking back WEEE in-store on a „like for
like‟ basis
• New - For retail outlets with an EEE sales area over
400m2, take back any small item of WEEE without an
obligation to buy anything
Slide 67
“WEEE 1” “WEEE Recast”
Looking forward
• OJ Publication of new Directive occurred in 2012
• UK implementation consultation exercise early 2013
• Consultation will also bring in changes to make the
operation of the UK system fairer & more transparent
• New UK Regulations will come into force in 2014
• New Guidance late 2013
Slide 68
Further information
Slide 69
Restriction of the Use of Certain Hazardous
Substances in Electrical and Electronic
Equipment Regulations 2006 (RoHS)
Restricts the Levels of : Lead
 Mercury
 Cadmium
 Hexavalent chromium
 Polybrominated
biphenyls (PBBs)
 Polybrominated
diphenyl ethers (PBDEs)
2.5.2
Contained in : Large household appliances
 Small household appliances
 IT and telecommunication equipment
 Consumer equipment
 Lighting equipment
 Electrical and electronic tools
 Toys, leisure and sports equipment
 Automatic dispensers
 Electric light bulbs and to house
light fixings
Put on the market in the EU
Slide 70
RoHS (Restriction of Hazardous Substances in
EEE). New guidance
Slide 71
ROHS 1 to ROHS 2
Restriction of Hazardous Substances in EEE
• RoHS - “The EU Directive on the Restriction of the use
of certain Hazardous Substances in electrical and
electronic equipment (EEE)”
• RoHS 2 – the new revised Directive 2011/65/EU
replaced RoHS I on 2 January 2013
Slide 72
ROHS 1 to ROHS 2
Restriction of Hazardous Substances in EEE
ROHS 2 main changes
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Scope and scope exclusions
Definition of EEE
Restricted substances
Exemption procedure
Conformity assessment and CE marking - “Goods
Package”
• Hard stop 22 July 2019 for non compliant product
Slide 73
ROHS 1 to ROHS 2
Restricted Substances and Exemptions
• The list of restricted substances remains the same. Lead,
mercury, cadmium, hexavalent chromium, polybrominated
biphenyls polybrominated diphenyl ethers
• However a new exemption procedure has been introduced
Duration of the Exemptions
• 5 years for Categories 1-7, 10 and 11
• 7 years for Categories 8 and 9
Renewal
• Application to be made 18 months before exemption expires
• Commission to decide no later than 6 months before expiry date
Slide 74
ROHS 1 to ROHS 2
The ‘Goods Package’
OUT
All theses symbols
and similar others
IN
Slide 75
ROHS 1 to ROHS 2
What you must do as a Producer
/Manufacturer
• design & manufacture conforming products
• compile technical documentation (Module A)
• prepare Declaration of Conformity
• CE mark the product
• mark product for traceability
• keep technical documentation for 10 years
• work with national authorities to demonstrate compliance
or help to ensure compliance
• keep a register on non-conforming EEE
Slide 76
ROHS 1 to ROHS 2
What you must do as an Importer
• ensure manufacturer has carried out their duties
• add your own name and details
• in the case of non-conforming EEE, take corrective
action and inform authorities
• keep documentation for 10 years and if appropriate work
with authorities to ensure compliance
Slide 77
ROHS 1 to ROHS 2
What you must do as a Distributor
• act with due care in relation to requirements – check CE
marking and documentation etc…
• keep non-conforming EEE off the market and inform
manufacturer, importer and authorities
• work with national authorities to demonstrate compliance
or help to ensure compliance
Slide 78
ROHS 1 to ROHS 2 Restriction of Hazardous
Substances in EEE
Forward Look
• Review the list of restricted substances
• Review of scope and exclusion – by 22 July 2014 and, if
appropriate, propose additional exclusions
Slide 79
Further Information on WEEE & RoHS
 EC website
http://ec.europa.eu/environment/waste/weee/index_en.htm
http://ec.europa.eu/environment/waste/rohs_eee/index_en.htm
 BIS website
http://www.bis.gov.uk/policies/business-sectors/environmental-andproduct-regulations/environmental-regulations
 EP website
www.europarl.europa.eu/news/public/default_en.htm
Slide 80
Landfill Tax
• Landfill tax will increased by £8.00 to £80.00 per
tonne from the 1st April 2014
• A lower rate of landfill tax applies to less polluting
wastes (inert waste). The rate is currently £2.50
a tonne and this rate will remain frozen in
2013/4.
Slide 81
Waste summary
• Summary of waste legislation that may impact
your business
Slide 82
Batteries
Eco design of energy-related products
End of life vehicles
Fluorinated Greenhouse gases
Packaging
ROHS and WEEE (again)
Slide 83
REACH
• European Commission has announced that fees
to SME’s for registering chemicals are to be
reduced
Slide 84
Climate Change and Energy Related
Overview
CRC
Climate Change Agreements
The Energy Act
Renewable Heat Incentive Scheme
ISO 50001
Slide 85
Climate Change- Overview
• There is an overwhelming scientific consensus that climate
change is happening, and that it is primarily the result of human
activity. There is now almost 40% more carbon dioxide in the
atmosphere (390 ppm in Nov 2011) than there was before the
industrial revolution, the highest level seen in at least the last
800,000 years.
• As a consequence, global average temperatures continue to rise.
2000–09 was the warmest decade on record, and 2010 matched
2005 and 1998 as the equal warmest year.
• The UK accounts for less than 1.5% of global greenhouse gas
emissions, so has a clear national interest in ensuring that the
world tackles climate change together. Climate change is a global
problem, and it requires a global solution, but we have to play our
part!
Source - The Carbon Plan: Delivering our low carbon future - December 2011
Slide 86
Carbon Reduction – the UK’s Commitment
• UK – The Climate Change Act 2008 sets legally binding
emission reduction targets for 2020 (reduction of 34
percent in greenhouse gas emissions)
• By 2050 (reduction of at least 80 percent in greenhouse gas
emissions), and introduces five-yearly carbon budgets to
help ensure those targets are met
• As a result the UK Government had to put in place
legislation to meet this requirement to become a low carbon
economy. E.g. the CRC
Slide 87
Slide 88
The CRC Energy Efficiency Scheme
Slide 89
CRC Energy Efficiency Scheme Order 2010 (Climate Change Act
2008)
90
• Full title: “Carbon Reduction
Commitment Energy Efficiency
Scheme”
• For organisations below the threshold of EUETS
• All organisations with half hourly
meter and exceeding 6 GWh must register
• This applies to all companies, partnerships, public bodies, charities
and other incorporated bodies that have operations in the UK
Slide 90
CRC - compliance
91
• Annual registration fee (currently £950 pa)
• Provide detailed return
• Nominate manager to oversee and ensure
compliance
• Purchase allowances
• Cap and Trade GONE
• League table GONE
• Reward (and penalise)
Slide 91
Changes to CRC from June 2013
• Abolition of the performance league table
• Reduction in fuels form 29 to 2
• CRC allowance surrender deadline extended
form June to Oct 2013
• Minimum 2% threshold for gas
• A full review of CRC effectiveness in 2016
• Priority is to reinvest CRC payments as soon as
finances allow
• Cap and trade gone.
Slide 92
Climate Change Agreements
Slide 93
Energy
94
• Climate Change Levy is simply a tax
• Arises out of international commitment to reduce global
warming (Kyoto)
– Tax, offset by reductions in National Insurance
Contributions
– Varied rates, dependent on green house gas emission
rates of energy source
– E.g. 0.182 p for gas, 0.524 p for electricity (all per kWh,
2013 rates), 1.172p/kg for LPG
– Climate Change Agreements attract 90%(electricity),
60% (other fuels) discount (apply to energy intensive
industries which agree targets for reducing emissions
Slide 94
and improving efficiency)
Climate Change Agreements
The CCA scheme has been extended until 2023 and the
existing 54 participating sectors will continue to be eligible
for the scheme and the Levy discount.
This extension will provide industry with more certainty to
invest in energy efficiency measures with longer payback
periods.
The Climate Change Levy discount on electricity has been
increased from 65% to 90% from April 2013 for CCA
participants.
Slide 95
The Energy Act 2011
Slide 96
Energy Act 2011
The Act has three principal objectives: tackling
barriers to investment in energy efficiency;
enhancing energy security; and enabling investment
in low carbon energy supplies.
•Green Deal
•Private Rented Sector
•Energy Company Obligation
•Measures to enable low carbon technologies
Slide 97
What is the Green Deal?
Will allow you to get things like cavity wall insulation in your home,
with no upfront cost.
Government initiative that aims to encourage consumers to make
homes more energy efficient, without having to fork out money up
front.
From October 2012 you will be able to get finance of up to £10,000
to help pay for energy saving measures. It is a market product that
you can choose to take out, it is not a government grant and is not
supported with money from government.
It means that rather than having to dip into your savings or take out
loans to install insulation, solid wall insulation, double glazing or
maybe a new boiler, you can take out long-term finance that will be
attached to your home.
Slide 98
Private Rental Sector
• The Energy Act 2011 enables Government to regulate to
help ensure the take up of cost effective energy efficiency
improvements in the Private Rented Sector. Government’s
intention is that:
– from April 2016, domestic landlords should not be able to
unreasonably refuse requests from their tenants for consent
to energy efficiency improvements, where financial support is
available, such as the Green Deal and/or the Energy
Company Obligation (ECO); and
– from April 2018, all private rented properties (domestic and
non-domestic) should be brought up to a minimum energy
efficiency standard rating
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Energy Company Obligation (ECO)
• ECO will place one or more obligations on energy
companies requiring them to generate a specific
amount of credit by facilitating the installation of
energy efficiency measures in homes in Great Britain
before a set deadline.
• ECO has been designed to fit within the Green Deal
framework and provide support, in the domestic
sector, where Green Deal finance alone is not
enough.
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Measures to enable low carbon technologies
• The Energy Act 2011 extends existing Secretary of State
powers to further develop offshore electricity generation
• The Act will remove barriers to the reuse of existing capital
assets for carbon dioxide storage and transport, where
they are suitable. It will allow National Park Authorities and
the Broads Authority to generate and sell renewable
electricity within specific constraints.
• Finally, it will also extend the Renewable Heat Incentive
primary powers to Northern Ireland, enabling them to make
their own regulations to incentivise renewable heat.
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Renewable Heat Incentive Scheme Regs 2011
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Renewable Heat Incentive Scheme Regs 2011
• Deigned to provide financial support to encourage a
switch from fossil fuels for heating to renewables
• Heat from renewable sources currently 1% of total heat
demand. Currently 49% of UK CO2 emissions is from
heating
• Needs to rise to circa 12% to hit EU 2020 targets (15%
renewable, all energy)
• Applies to businesses, individuals, communities
• If replace existing fossil fuel system with a renewable
technology – could get paid a set amount a year as an
incentive to reduce CO2 production
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Renewable Heat Incentive Scheme Regs 2011
These Regulations, which apply to Great Britain, establish a renewable
heat incentive scheme (“the scheme”) under which owners of plants which
generate heat from specified renewable sources and meet specified
criteria may receive payments at prescribed tariffs for the heat used for
eligible purposes.
The following renewable heat technologies will be supported initially:
• solid biomass and solid biomass contained in municipal waste
(including CHP)
• ground and water source heat pumps
• geothermal (including CHP)
• solar thermal (at capacities of less than 200 kWth)
• biogas combustion (except from landfill gas but including CHP; at
capacities of less than 200 kWth)
• biomethane injection
•
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ISO 50001
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ISO 50001
• ISO 50001:2011 is the International Standard for Energy
Management, released in June 2011 that replaces the
British and European Standard BS EN 16001:2009.
• It provides the framework for optimizing energy efficiency
in public and private sector organisations
• Requires establishing baseline, setting clear objectives
to improve and identifying Energy Performance
Indicators that have to be reported within the
Management Review process.
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ISO 50001
• Although not prescriptive, it supports the general
energy/GHG management hierarchy
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Environmental Permitting
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The Environmental Permitting (England and
Wales) Regulations 2010
Reminder
• The Environmental Permitting (EP) regime aims to
protect the environment while simplifying the regulatory
system and minimising the administrative burden on the
regulators and the operators of the facilities regulated
under the regime.
• The Regulations transpose the provisions of 18
European Directives regulating emissions to air, water
and soil; waste management and management of
specific substances.
• Key modifications to Waste Exemption regimes –
covered over previous two years
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• This consultation seeks your views on our proposals to amend the
Environmental Permitting (England and Wales) Regulations 2010 to
introduce a number of measures, namely to:
• Remove the requirement for waste businesses to have to secure
planning permission for certain waste operations before an
environmental permit can be issued;
• Provide a registration scheme for low risk discharges to
groundwater from some Ground Source Heating and Cooling
systems;
• Simplify requirements on regulators in maintaining twin systems of
public registers containing information connected with permit
determinations;
• Possibly transfer the handling of appeals under the Environmental
Permitting Regulations 2010 by the Planning Inspectorate, under
delegated powers from the Secretary of State and Welsh Ministers,
to the environment jurisdiction of the First Tier Tribunal;
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• Make a number of other miscellaneous proposals
111
The Environmental Permitting (England and Wales)
Regulations Amendment Regs 2011 and 2012
• Allow the Environment Agency to use alternatives to
prosecution
• Transfer responsibility from the Environment Agency to local
authorities to regulate dust, odour etc from traffic travelling to
and from landfill sites
• Remove from regulation waste-derived fuels that are no longer
classed as waste before they are burned
• Make amendments to waste descriptions and codes for exempt
waste operations
• Facilitate the development of anaerobic digestion (AD) plants
• Implement two articles of the EU Directive 2009/31 on carbon
capture and storage (CCS).
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The Environmental Permitting (England and
Wales) Regulations Amendment Regs 2011
– radioactive substances exemptions
• In force 1 October 2011 - apply to England and Wales.
• introduce into schedule 23 a new set of exemptions from
permitting of ‘radioactive substances activities’
• define ‘radioactive material’ and ‘radioactive waste’ and
thereby clarify what is within scope and what is ‘out of scope’
of radioactive substances regulation
• adjust the categories of exempt radioactive waste that must
be treated as ‘waste’ and subject to conventional waste
regulation
• repeal the Radioactive Substances Act 1993.
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EPR standards
114
• Process Guidance Notes
• Sector Guidance Notes
• Operational Risk Assessment (OPRA)
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Water Environment
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Water
116
• Controlled waters
– Water Resources Act 1991/EP Regulations
2010
– Anti-pollution Works Regulations 1999
– Oil Storage Regulations 2001
– Groundwater Regulations 2009
• Sewerage works
– Water Industries Act 1991
• EPR
• Statutory Nuisance (EPA)
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Water abstraction
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Case study: rainwater harvesting
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Water Related Prosecutions
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560 serious pollution incidents in a year
• Environment Agency (EA) - pollution
prosecutions in 12 months to September 2012
exceeded its target.
• EA reveals that there were 530 serious and
significant pollution incidents (category 1 and 2) in
the 12 months to September 2012.
• The agency says that 40% of the incidents were
from regulated facilities, and, of these, 70% were
from waste management sites, 20% from the
water industry, 5% from manufacturing and 5%
from agriculture.
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Legislation Overview
• Permit required to discharge Trade Effluent to a
Controlled Water under the Environmental Permitting
Regs
• Consent to discharge Trade Effluent to the Public Foul
Sewer required under the Water Industries Act.
• For both – its an offence to knowingly discharge to either
media without Consent/Permit and an offence to allow
unplanned discharges to reach either media
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Water Bill 2012
• What is its scope, and what does it mean in
practical terms?
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Flooding and coastal erosion
• Climate change and rising sea levels?
• The Marine and Coastal Access Act
• What is the MMO?
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Work has begun on ISO 14046, Water footprint –
Requirements and guidelines.
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Progress continues on ISO 14046, Water
footprint – Requirements and guidelines
The standard would:
• Deliver principles, requirements and guidelines for a water
footprint metric of products, processes and organizations,
based on the guidance of impact assessment as given in
ISO 14044
• Define how the different types of water sources (e.g., ground
water) and water releases (e.g., grey water) should be
considered, and how local environmental (e.g., dry/wet
areas) and socio-economic (e.g., developed/developing
countries) conditions should be treated
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Habitats and the environment
• Conservation of Habitats and Species
Regulations 2010
• Natural Environment White Paper
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Contaminated Land
• DEFRA Environmental Protection Act 1990 Part
2A: contaminated land statutory guidance
• Contaminated Land (England) (Amendment)
Regulations 2012
• Coventry City Council examples
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Polluter Pays
1.64
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1.65
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1.66
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1.67
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Air Pollution
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Air
140
• Clean Air Act 1993 (CAA)
– Emissions of dark smoke, chimney heights etc
• Environment Act 1995
– Air Quality Standards
• Environmental Permitting
– Emission permits
• Ozone depleters
• Control of Pollution Act
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The Environmental Protection (Controls on
Ozone-Depleting Substances) Regulations 2011
• EC Regulation 1005/2009 on ozone depleting substances (ODS)
(EC Ozone Regulation) which came into force on 1st January 2010.
The EC Ozone Regulation supersedes the previous regulation, EC
2037/2000.
• Offences by bodies corporate
• 6.—(1) If an offence under these Regulations committed by a
body corporate is proved—
• (a) to have been committed with the consent or connivance of an
officer; or
• (b) to be attributable to any neglect on the part of an officer,
• the officer, as well as the body corporate, is guilty of the offence
and liable to be proceeded against and punished accordingly.
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F-GAS Qualification Reminder
• For the Servicing and Maintenance of Equipment:
(a)City & Guilds Certificate in Handling Refrigerants Scheme
2078(1).
(b) Construction Industry Training Board Safe Handling of
Refrigerants (J01)(2).
(c) City & Guilds Level 2 Award in F Gas and ODS Regulations
Scheme 2079-11: Category I or 2079-12: Category II.
(d) Construction Industry Training Board Safe Handling of
Refrigerants J11: Category I or J12: Category II.
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Nuisance
• Common law nuisance: the importance of
keeping the neighbours happy
• Statutory nuisance: the powers of the local
authority
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Nuisance
144
• Enforced by Local Authorities
• Civil redress available.
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Statutory Nuisance
145
• Environmental Protection Act 1990, and
Regulations
• For action to be taken the nuisance complained of
must be (or be likely to be):
• Prejudicial to people’s health
• or interfere with a person's legitimate use and
enjoyment of land.
• This particularly applies to nuisance to neighbours
in their homes and gardens.
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Statutory nuisances
146
Any of the following that are deemed ‘harmful to
health or a nuisance’
• State of premises
• Smoke emissions (some)
• Dust, steam, effluvia
• Accumulation or deposit
• Animal
• Noise from premises or vehicles
• Any other
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Noise
147
• Control of Pollution Act 1974
– Noise on construction sites
• Abatement Notices
• Advanced Consents
– Noise Abatement Zones
– British Standards
• BS 4142: Rating Industrial Noise
• BS 5228: Noise and Vibration Control on Construction
Sites
• Statutory Nuisance
– Enforced by Local Authority
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Noise standards
148
• BS4142: 1997 - Rating industrial noise affecting
mixed residential and industrial areas
• BS7445: 2003 - Description and measurement of
environmental noise
• BS5228: 1997 - Noise & vibration control on
construction and open sites
• BS6472: 2008 - Guide to evaluation of human
response to vibration in buildings
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Noise standards (contd)
149
• ETSU-R-97 - The assessment and rating of
noise from wind farms
• ISO 9613 - Acoustics - Attenuation of sound
during propagation outdoors
• PPG24 - Planning Policy Guidance 24 (Dwellings in noise sensitive locations)
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Litter
150
• An offence to drop litter on public land, private land
and into controlled waters.
– Clean Neighbourhoods and Environment Act 2006
– Fixed penalty notices
• Litter Clearing Notices
– Served on businesses (or individuals) by Local
Authority
• LA can restrict distribution of flyers etc
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Planning POLICY FRAMEWORK
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Planning
152
• Town and Country Planning Act
• Planning Authorities consider pollution, nuisance
and other environmental impacts
• Major developments will need an Environmental
Impact Assessment
• Environmental Impact Assessment (EIA)
• Strategic Environmental Assessment (SEA)
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Strategic Env Assessment
153
• Used to consider proposed plans, policies and
programmes
• Required for major projects
• Incorporates environmental, social and
economic factors
• There is a set format.
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Environmental Impact Assessment (EIA)
154
–Required for specific types of
installation
• Eg chemical works, intensive
agriculture etc
–Process for assessing
environmetnal impacts and
communicating them to
• Authorities
• Public
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Budget 2013
• nothing new on renewables
• "creating a low-carbon economy should be done
in a way that creates jobs – not costs them“
• tax breaks to encourage shale gas development
in the UK
• potteries to be exempt from climate change levy
• 2 new company car tax bands for electric
vehicles
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Budget 2013
• DeFRA and DECC budgets cut
• £3bn extra for infrastructure projects
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A better service?
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Corporate Social Responsibility (CSR)
161
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Life cycle analysis (LCA)
162
• ‘Cradle to grave’
• All environmental impacts associated with
– Extraction and processing of raw materials
– Transport
– Manufacture
– Supply
– Use
– Re-use/recycling
– Recovery and final disposal
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