MRF Name Environmental Legal Register
As required by ISO 14001 clause 4.3.2: The following environmental legislation has been identified as being applicable to MRF Name
Ref
E1
Aspect
Legislation/Enforcement
Waste Management –
General
The Environmental Protection (Duty
of Care) (England) (Amendment)
Regulations 2003 and the Waste
Management Duty of Care Code of
Practice 1996.
Enforced by the Environment Agency
or SEPA.
Key Requirements
Relevance/Controls
Wastes to be stored securely.
Disposal of waste arising from
factory and office activities.
Controlled wastes to be disposed
of to a licensed waste carrier.
Vetting of waste carriers.
Evidence of compliance:
Documented transfer of waste
from the organisation to a
waste carrier signed by both
parties. Retained for 2 years.
Appointment of waste
authorities.
E2
E3
Waste Management General
Waste Management General
Environmental Protection Act 1990:
Part II ‘Waste on Land’.
Prohibition on unauthorised
disposal of waste.
Enforced by the Environment Agency
or SEPA.
Granting of licences for
treatment, keeping and disposal
of any specified waste in or on
specified land.
The Clean Neighbourhood and
Environment Act 2005.
Enforced by the Environment Agency
or SEPA and Local Authority.
Use licensed carriers.
Prohibition on unauthorised
disposal of waste.
Additional powers to agencies
dealing with fly-tipped waste.
Fines up to £50,000 and five
years imprisonment for those
found guilty of fly-tipping.
Environmental Legal Register
Use licensed carriers.
Compliance
All waste streams
are securely stored
in labelled
cages/containers?
All waste carriers
licence are valid and
on file?
All waste carriers
licences are valid
and on file for all
transport/waste
carriers?
All waste carriers
licences are valid
and on file for all
transport carriers?
1
MRF Name Environmental Legal Register
Ref
Aspect
Legislation/Enforcement
Key Requirements
Relevance/Controls
Hazardous Waste is so called
because it has hazardous
properties that may render it
harmful to human health or the
environment.
Disposal of hazardous wastes
arising from factory and office
activities (hazardous
chemicals, solvents and
solvent-based paints, inks,
waste oils, oily residues,
fluorescent light tubes etc.
All businesses in England and
Wales that produce Hazardous
Waste must:
E4
Waste Management –
Hazardous Waste
The Hazardous Waste Regulations
2005.
Enforced by the Environment Agency
or SEPA.
1. Annual registration to Environment
Agency (EA).
2. No pre-notification to EA except
when delivered to Scotland or
Northern Ireland..
3. Quarterly returns to EA.
4. Keep consignment notes for three
years..
If premises are not exempt,
the producer must register even if the premises produce
less than 200kg of Hazardous
Waste.
Environmental Legal Register
Compliance
Registered with the
Environment agency
– Premises code:
“?”.
Only classified
hazardous wastes
are removed?
The Environmental Regulator
tracks the movement of
Hazardous Waste through a
consignment note system.
This ensures that waste is
managed responsibly from its
point of origin until it reaches
a suitably licensed or exempt
facility to be recovered or
disposed of.
The consignment note system
needs to allow for a
consignment note copy to be
sent to the waste producer as
proof of waste receipt.
2
MRF Name Environmental Legal Register
Ref
E5
Aspect
Waste Management –
Non-Hazardous Waste
Legislation/Enforcement
Landfill (England and Wales)
Regulations 2002, SI 2002 No. 1559,
as amended, e.g. by the Landfill
(England and Wales) (Amendment)
Regulations 2005.
Enforced by the Environment Agency
or SEPA.
Environmental Protection (Duty of
Care) (England) (Amendment)
Regulations 2003 (SI 2003/63).
E6
Waste Management Documentation
Enforced by the Waste Collection
Authority.
Key Requirements
Relevance/Controls
New rules mean that from
October 2007 non-hazardous
waste must be treated before it
is disposed of at a landfill site
and liquid waste will be banned
from any landfill.
Treatment is defined by a threepoint test, and all criteria must
be satisfied for the waste to have
been treated. The criteria are
that the treatment must:
1. Be a physical, thermal,
chemical or biological
process including sorting.
2. Change the characteristics
of the waste.
3. Change the waste to
reduce its volume or
hazardous nature, facilitate
its handling or enhance its
recovery.
If you are a waste producer
you are not obliged to treat
the waste yourself – many
will simply buy this service
from a waste contractor.
However, it is good practice
to complete a written
declaration stating:
This legislation provides powers
for the relevant Waste Collection
Authority to serve a notice on
any person required to keep
copies of transfer notes,
requiring that person to provide
copies of transfer notes within a
specified time. This is in addition
to the powers of the Environment
Agency.
Necessary documentation
controlled by procedures.
Environmental Legal Register
1. Whether you have
treated the waste.
2. The type of treatment
that has occurred (if
any).
3. If relevant, the amount
of waste sorted out for
recovery or alternative
treatment.
Compliance
Written statement
declaring amount of
waste to be treated
by?
Evidence that
subsequent holder
of waste has
treated waste
before landfill as
per regulations?
Duty of care
collections note
completed for
collections?
3
MRF Name Environmental Legal Register
Ref
E7
E8
Aspect
Waste Management –
Storage of Skips
Waste Management –
Movement of Waste
Legislation/Enforcement
Key Requirements
Relevance/Controls
Highways Act 1980 (England and
Wales)
Environmental Protection Act 1990
Environment Act 1995.
This legislation requires that
waste in skips must be secure
from access by the public. MRF
Name ensures that the site is
secure from the general public
and that no waste is stored
outside customers’ premises.
Security on site.
Locked/secure bins.
Enforced by the Environment Agency
or SEPA.
Control of Pollution (Amendment) Act
1989 Controlled Waste (Registration
of Carriers and Seizure of Vehicles)
Regulations 1991 (SI 1991/1624)
Controlled Waste (Registration of
Carriers and Seizure of Vehicles)
(Amendment) Regulations 1998 (SI
1998/605).
Under the Control of Pollution
(Amendment) Act 1989, and the
above Regulations, it is a criminal
offence for a waste carrier to
transport waste without being
registered.
MRF Name has a Duty of Care
process to ensure that any of
its own contractors carrying
their waste themselves hold a
current carriers licence. To
meet this requirement, MRF
Name shall retain a copy of all
relevant current licences.
Compliance
Controls in place?
All waste carriers
licence are valid and
on file?
Enforced by the Environment Agency
or SEPA.
Landfill Tax Regulations 1996.
E9
Waste Management
Enforced by Customs and Excise.
Tax payable for landfill waste to
reflect the full environmental
costs of disposing of waste to
landfill.
Environmental Legal Register
Tax affects cost of disposal.
Higher tax for active waste
than for inert.
Annual waste
transfer note?
4
MRF Name Environmental Legal Register
Ref
Aspect
Legislation/Enforcement
Key Requirements
Relevance/Controls
Environmental Protection Act 1990,
Part II: Waste on Land.
MRF Name is required to meet all
of the requirements of the
licences as defined in the licence
documents (Ref. EAWML/75188).
Under the EPA 1990, the
party to whom the licence is
issued has to be a “fit and
proper person”. The
competence needed to meet
this requirement is
determined through COTC
qualifications held by
members of staff.
Current COTC
qualifications?
Noise (waste compactor,
compressors).
Dust (waste compactor).
Waste litter in yard.
Smells (contaminated plastics
and tins).
Evidence of
statutory
complaints?
Competent persons must
service equipment regularly.
Evidence of regular
maintenance?
Waste Management Licensing
(England, Wales) (Amendment and
related provisions) Regs 2005 (SI
803).
E10
Waste Management –
Licence
Waste Management Licensing
(Amendment) Regulations 1996 (SI
1996/1279).
(Waste Management
Licensing legislation
amended on 04-01-07 from
Regs 1994, to Regs 2005
(Amendments to cover
exemptions for requiring a
waste management licence).
Compliance
Is MRF Name
complying with the
waste tonnage
limits outlined
within the Waste
Management
Licence?
Waste Management Licensing
(Amendment) (England) Regulations
2002 (SI 2002/674).
Enforced by the Environment Agency
or SEPA.
E11
Emissions to Air
Environmental Protection Act 1990:
Part III Statutory Nuisance and Clean
Air.
Nuisance (Noise, Dust, Smells).
Activities not to be source of
statutory nuisance.
Heating oil emissions.
Clean Air Act 1993.
E12
Emissions to Air
Enforced by Local Authority and
Secretary of State.
The Act contains provisions
relating to the control of grit,
smoke and dust. The Act
prohibits, subject to conditions,
emissions of dark and black
smoke from chimneys serving
boilers and industrial plant.
Environmental Legal Register
5
MRF Name Environmental Legal Register
Ref
E13
Aspect
Emissions to Air
Legislation/Enforcement
The Control of Asbestos Regulations
2005.
Enforced by HSE.
Key Requirements
The Control of Asbestos
Regulations came into force
on 13 November 2006. As
well as the requirement for
accreditation, the
Regulations introduced other
changes including:

A single control limit of 0.1
fibres per cm3 of air for
work with all types of
asbestos.

Specific mandatory training
requirements for anyone
liable to be exposed to
asbestos.

A requirement to analyse the
concentration of asbestos in
the air with measurements in
accordance with the 1997
World Health Organisation
recommended method.
Relevance/Controls
Compliance
Evidence of
inspection reports?
Evidence of routine
checks?
All potential asbestos clad
buildings to be investigated
with samples sent for analysis
to UKAS accredited
laboratories.
Maintenance of asbestos
materials to be strictly
controlled to ensure staff are
adequately protected from
any potential asbestos
airborne fibres.
All work with asbestos containing
materials, whether licensed or
not, must be undertaken by
trained workers following a risk
assessment and in accordance
with appropriate controls to
prevent exposure to asbestos
fibres.
Environmental Legal Register
6
MRF Name Environmental Legal Register
Ref
Aspect
Legislation/Enforcement
Key Requirements
Packaging (Essential Requirements)
Regulations 2003 (SI 2003/ No.1941).
The qualifying criteria remain
unchanged at £2 million turnover
and 50 tonnes of packaging
handled per year. Also the
recycling and recovery targets for
2006 – 2010 detailed in Schedule
2 are unchanged.
Packaging (Essential Requirements)
(Amendment) Regulations 2004
(No.1188).
Enforced by Weights and Measures
Authorities in Great Britain.
E14
E15
Resource Consumption
Resource Consumption
The Producer Responsibility
Obligations (Packaging Waste)
Regulations 2007 (SI 2007 No. 871)
entered into force on 16 March and
replace the Producer Responsibility
Obligations (Packaging Waste)
Regulations 2005.
Finance Bills 1999 and 2000
Climate Change Levy.
Enforced by Customs and Excise.
Product packaging shall be
minimised consistent with the
safe and hygienic transport and
handling of the product.
Packaging shall be designed to
permit re-use or recovery.
Printing inks shall not involve the
use of heavy metal pigments.
Relevance/Controls
Revisions include: Provision
for submitting documents and
maintaining registers in
electronic form; An increase
in the registration fee charged
by EA/SEPA from £768 to
£776. (The fee for small
producers).
Compliance
Packaging Usage
figures for 2007/8?
Need for
compliance?
Supply chain.
Potential to recycle drums,
pallets, paper, cardboard,
plastic containers, etc.
(Packaging legislation
amended on 07-06-06 from
Regs 1998, to Regs 2003).
HM Government announced a
climate change levy or carbon
energy tax on the industrial and
commercial use of energy to
apply from April 2001, exempting
energy from new forms of
renewable energy, e.g. solar,
wind power.
Basis for charging Vehicle Excise
Duty on new passenger vehicles
is related to the vehicle’s CO2
emissions.
Environmental Legal Register
Energy and fuel consumption.
Production of carbon.
Use of finite resources.
All vehicles and
electricity data was
recorded and
monitored through
out 2006/7?
Administration of the fleet of
company cars.
7
MRF Name Environmental Legal Register
Ref
E16
Aspect
Resource Consumption
Legislation/Enforcement
The Waste Electrical and Electronic
Equipment Regulations (SI 2006
No.3289) were laid before Parliament
on 12th December 2006 and came
into force on 2nd January 2007.
Enforced by the Environment Agency.
E17
Releases to Water
Anti-Pollution Works Regulations 1999
(SI 1999/1006).
Enforced by the Environment Agency.
Key Requirements
Relevance/Controls
Aims: To reduce the waste
arising from electrical and
electronic equipment.
Disposal is free if you were
sold the equipment after 13th
August 2005 or if you are
replacing with equivalent EEE.
This service will be delivered
through the producer takeback scheme. You must pay
for WEEE where you are
discarding EEE purchased
before 13th August 2005, or
where you are not replacing
EEE with an equivalent.
Payment must also be made if
you cannot trace the producer
or their compliance scheme,
or if you choose to negotiate
with producers to accept the
cost of treating and disposing
your WEEE.
To improve the environmental
performance of all those involved
in the life cycle of electrical and
electronic products.
Any businesses using EEE must
comply with the new regulations,
meaning you must store, collect,
treat, recycle and dispose of
WEEE separately from your other
waste. Similar to Waste Transfer
Notes, you must obtain and keep
proof that your WEEE was given
to a reputable waste
management company and
treated and disposed of in an
environmentally sound way.
Under the Anti-Pollution Works
Regulations 1999 (SI 1999/1006)
The Environment Agency can
serve an Anti-Pollution Works
Notice on a company if they
perceive that an activity is
causing or may cause pollution to
controlled waters. This means
primary responsibility for carrying
out and funding the works can be
placed with the polluter.
Environmental Legal Register
Compliance
Choice to reuse
equipment or
donate before
recycling.
Evidence of
contractual
arrangement with ?
to dispose of
WEEE?
Consignment note
numbers will be
used when
disposing of
equipment?
Evidence of risk
assessments?
Chemicals, solvents, diesel oil
and other.
Substances/materials used on
site.
8
MRF Name Environmental Legal Register
Ref
Aspect
Legislation/Enforcement
Key Requirements
Relevance/Controls
Deliveries of raw materials or
fuels to your site should be
supervised, to reduce the risk
of overfill and spillage.
Use of drip trays for fill pipes
outside the secondary
containment system.
E18
Releases to Water
Control of Pollution (Oil Storage)
(England) Regulations 2001 No. 2954.
Enforced by the Environment Agency.
In England, if you store oil (such
as petrol, diesel, vegetable,
synthetic or mineral oil) in a
container with a storage capacity
of over 200 litres (44 gallons)
then you may need to comply
with the Control of Pollution (Oil
Storage) (England) Regulations
2001.
Compliance
Evidence of routine
site inspections?
Examples of
contamination
issues?
Fuels and chemicals should be
stored in containers that are
clearly labelled and "fit for
purpose" and sited within or
provided with secondary
containment facilities.
Secondary containment
should provide a capacity of
at least 110% of the largest
vessel or 25% of the total
volume being stored,
whichever is the greater, and
should be impermeable to the
substance stored.
Any accumulated rainwater
should be removed as part of
regular maintenance and
inspection. If the rainwater is
contaminated, then it will
have to be appropriately
treated or disposed of.
Contaminated rainwater may
be considered Hazardous
Waste and, if so, will have to
be dealt with accordingly.
Environmental Legal Register
9
MRF Name Environmental Legal Register
Ref
Aspect
Legislation/Enforcement
Key Requirements
Request for supply.
E19
Releases to Water
Water Industry Act 1999.
Charges.
Permission to use water on
site.
Enforced by DG of Water Services,
Environment Agency and Local
Authorities.
Adequate supply to support
works.
Energy used to produce
water.
(Water industry act amended
on 04-01-07 from Regs 1991,
to Regs 1999).
Water consumption.
Water Resources Act 1991.
E20
E21
Releases to Water
Land Contamination
Relevance/Controls
Enforced by Environment Agency and
Secretary of State.
Environment Act 1995: Part III.
Enforced by Local Authority.
Storage of chemicals and other
hazardous substances.
Local authorities and the
Environment Agency to identify
contaminated land and to serve
remediation notices. Notices
served on the people who
created the contamination if they
can be identified. Otherwise the
current owner or occupier is
responsible.
Under the Water Resources
Act it is an offence to cause
pollution of any watercourse.
Spillages of chemicals,
solvents and other substances
used on site.
Interpretation:
Contaminated Land (England)
Regulations 2000.
E22
Land Contamination
Enforced by Local Authority.
(Contaminated land Regs
amended on 04-01-07 from Regs
2000, to Regs 2006).
Significant harm is being caused
or there is significant possibility
of such harm being caused; or
Pollution of surface waters and
ground water is being, or is likely
to be, caused.
Spillages of chemicals,
solvents and other substances
used on site.
Compliance
Water usage data is
recorded and
monitored?
No incidents
reported. Spill kits
located in proximity
to open drains?
No spillages
recorded – Potential
spillage from
solvents, spill kits in
place and staff
trained in
procedures?
No spillages
recorded – Potential
spillage from
solvents, spill kits in
place and staff
trained in
procedures?
Remediation notices for
measures to restore controlled
waters to acceptable standard
that have been affected by
contaminated land.
Environmental Legal Register
10
MRF Name Environmental Legal Register
Ref
E23
Aspect
Land Contamination
Legislation/Enforcement
CHIP refers to the Chemicals (Hazard
Information and Packaging for
Supply) Regulations 2002. These are
sometimes also known as CHIP3.
Enforced by HSE.
Key Requirements
Relevance/Controls
CHIP is the law that applies to
suppliers of dangerous chemicals.
Its purpose is to protect people
and the environment from the
effects of those chemicals by
requiring suppliers to provide
information about the dangers
and to package them safely.
All hazardous materials will
require labelling at all times
up to and during collection by
an authorised waste transfer
authority. Reference to
European Waste Catalogue
codes are required.
Check hazardous
materials for correct
identification?
Owner must submit
application for development
permission to include: site,
design, external appearance,
land use, means of access
and landscaping.
All previous
developments
applications have
been notified to the
Council?
Town and Country Planning Act 1990
(TCPA).
E24
Nuisance
Town and Country Planning
(Development Plan) Regulations 1999
(SI 1999 No. 3280).
Imposes controls over land-use
and new development.
E25
Transport
Enforced by Local Authority.
Possible future enforcement of
Road traffic act 1991 (C40).
Fees are payable.
Local Planning Act may grant
conditional approval.
Enforced by Local Planning Authority.
Road Traffic Act 1988 (EU Directive
91/441/EEC) and EU Directive
94/12/EEC).
Compliance
It is an offence to use a vehicle if
it is emitting "smoke, visible
vapour, grit, sparks, ashes,
cinders or oily substances" in
such a way as is likely to cause
"damage to any property or
injury or danger to any person.
Environmental Legal Register
Owned vehicles need to be
maintained properly. Outside
delivery vehicles to be
reported using note book?
All company
vehicles to be
monitored for
maintenance and
insurance?
11
MRF Name Environmental Legal Register
Ref
E26
Aspect
Substances
Legislation/Enforcement
Control of Substances Hazardous to
Health (Amendment) Regulations
2004 (SI 2004 No. 3386) COSHH).
Enforced by HSE and HM Customs
and Excise regarding import bans.
Key Requirements
Relevance/Controls
To protect employees and other
persons likely to be affected
against risks to their health
resulting from exposure to
substances hazardous to health.
In order to protect employees
and the environment,
employers must use, as
necessary, control measures,
training plus routine exposure
monitoring and health
surveillance.
Control of hazardous
substances amended on 0401-07 from Regs 2002, to
Regs 2004.
Wildlife and Countryside Act 1981.
Wildlife and Countryside
(Amendment) Act 1991.
E27
Nature Conservation
Wildlife and Countryside Act 1981
(Amendment) Regulations 1995 (SI
1995 No. 2825).
To strengthen protection for, and
provide “off-site” powers to
ensure the conservation of,
various endangered species of
wildlife including wild birds.
Enforced by Natural England and
Secretary of State.
Environmental Legal Register
The assessment records need
to meet the requirements of
COSHH also support
environmental risk
assessment in terms of the
properties of hazardous
chemicals present.
To control the escape of
materials from the site due to
high winds and to prevent
contamination to land and
pollution to storm water
drains.
Compliance
Maintain MSDS
records?
Conduct an annual
COSHH
assessment?
Identify Health,
Safety and
Environmental risks
and controls?
Evidence of
environmental
awareness training?
Evidence of routine
site inspections?
The installation of security
fencing to control wind borne
waste. Housekeeping and
environmental training
procedures to control and
monitor contamination of land
and pollution of drains.
12
MRF Name Environmental Legal Register
Ref
E28
Aspect
NEW LEGISLATION
Resource Consumption
Legislation/Enforcement
The Carbon Reduction Commitment
(CRC) is a new scheme, announced in
the Energy White Paper 2007.
Enforced by Local Planning Authority.
Key Requirements
Relevance/Controls
The Carbon Reduction
Commitment (CRC) is the new
name for the Energy
Performance Commitment
proposal on which the
Government consulted in 2006.
The name of the scheme has
been changed to prevent any
confusion with Energy
Performance Certificates.
CRC allowances will be issued
to participants via an auction
process. Within the context of
the scheme cap, participants
will be able to determine their
own emissions targets. In
order to ease participants into
the regime, and to allow
Government to establish more
accurate data on emissions
across the target sector, CRC
will feature an introductory
phase, with a simple fixed
price sale of allowances.
The CRC will target emissions
from energy use by large
organisations whose annual
mandatory half hourly metered
electricity use is above
6,000MWh – focusing on those
emissions outside the Climate
Change Agreements (CCAs) and
outside the direct emissions
covered by the EU Emissions
Trading Scheme (EU ETS). In
addition, firms with more than
25% of their energy use
emissions in Climate Change
Agreements would be completely
exempt.
Environmental Legal Register
Compliance
Monitor
consumption on
quarterly basis.
Current usage?
Is business covered
by legislation?
13