UK Environmental Legislation and regulations

1
UK Environmental Legislationand regulations
Lecture 11
2
Legal Compliance

• Statutory
• Air Integrated Pollution Control
• Water
• Waste Management
• Statutory Nuisance
• Civil (Common Law)
• Nuisance

3
Nuisance

• Private, Public and Statutory
• Generally no prescribed conditions - someone is
  adversely affected then proceedings follow
  (though noise regulation is developing)
• Great deal of Common Law complexity
• Most common forms of nuisance
• Noise, Dust, Odour Vibration

4
Integrated Pollution Control (IPC)

• Pollution control of emissions to air, water and
  land from certain industrial processes via a
  single authorisation.
• Operator submits a complete description of the
  process and details the means by which pollution
  is Prevented or Minimised using
• Best Available Techniques Not Entailing
  Excessive Cost (BATNEEC)

5
Prescribed Processes and Substances (EPA90)

• Hundreds of processes classed as prescribed.
• List of substances that might be released to air,
  water or land - prescribed substances
• If a process is prescribed and may release one or
  more prescribed substances, then an authorisation
  to operate is required.
• From SI.472/1991 Part A processes IPC Part
  B processes LAAPC involve emissions to air
  alone

6
Integrated Pollution Prevention and Control (IPPC)

• EU law implemented in UK from Oct 1999, replacing
  IPC.
• Similar in scope, but more processes included and
  more comprehensive noise, energy efficiency,
  waste minimisation and site restoration
• BAT
• IPC and IPPC will be simultaneous for a time
• Pollution Prevention and Control Act 1999

7
Air Quality Regulations

• The Air Quality (England) Regulations
• 200 No. 298. Amendment 2002
• Air Quality Strategy
• Pollution Prevention and Control Act 1990 PPC
  Pollution Prevention and Control Regulations 2000
  LA-IPPC LAPPC
• National Atmospheric Emissions Inventory
• http//www.defra.gov.uk/environment/ppc/index.htm

8

• Clean Air Act 1993
• Dark smoke, grit
• Heights of chimneys
• Smoke control areas
• EPA90 III
• Statutory Nuisance
• Air Monitoring
• Monitoring data can be used to validate pollution
  modelling, used to test 'what if' scenarios.
• National and European law requires the monitoring
  of pollution levels

9
Urban Industrial Sites where industrial
emissions make a significant contribution to
measured pollution levels.
10
DEFRA

• Water Quality
• Water resources
• Water industry
• Marine and flood management

11

• Water resources
• Including policy on abstraction licensing (the
  taking of water supplies from watercourses), and
  reservoir safety
• Water industry
• policies on water supply, water conservation and
  leakage, regulation and sponsorship of the water
  industry, and water charging

12
Water Resources Act 1991 (amended 1995)

• To prevent or minimise pollution of inland waters
  and to provide the Environment Agency with powers
  to initiate remedial works following pollution
  incidents.
• Considers discharges to controlled waters
  precautionary measures works water protection
  zones nitrate sensitive areas codes of good
  agricultural practice water pollution from
  abandoned mines protection of groundwater
  fisheries water quality

13

• Trade effluent Water Industry act 1991
• Any aqueous liquid wholly or partially produced
  in the course of trade or industry carried on or
  at trade premises (except domestic sewage).
• Discharge consent
• It is an offence to discharge sewage or trade
  effluent to surface or groundwater (except with
  permit from the EA or SEPA)
• Permit issued by sewerage Undertaker

14

• SOME REGULATIONS ..
• Public Health Act 1936 Water Act 1945 Rivers
  (Prevention of Pollution) Scotland Acts 1951 and
  1965 Rivers (Prevention of Pollution) Act 1961
  Water Resources Act 1963 Sewerage (Scotland) Act
  1968 Countryside Act 1968 Prevention of Oil
  Pollution Act 1971 Local Government (Scotland)
  Acts 1973 and 1975 Control of Pollution Act 1974
  Salmon and Freshwater Fisheries Act 1975 Water
  Act 1989 Land Drainage Act 1991 Statutory Water
  Companies Act 1991 Water (Consolidation)
  (Consequential Provisions) Act 1991 Water ...
  1976/958 Control of Pollution (Discharges into
  Sewers) Regulations 1976 1983/1182 Control of
  Pollution (Exemption of Certain Discharges from
  Control) Order 1983 1989/1147 Water Supply (Water
  Quality) Regulations 1989 1989/1149 Controlled
  Waters (Lakes and Ponds) Order 1989 1989/1152
  Water and Sewerage (Conservation, Access and
  Recreation) (Code of Practice) Order 1989
  1989/1156 Trade Effluents (Prescribed Processes
  and Substances) Regulations 1989 1989/1384 Water
  Supply (Water Quality) (Amendment) ...

15

• Water quality
• Quality of the water environment - rivers, lakes,
  estuaries, coastal waters and groundwater.
• This includes issues such as sewage treatment and
  disposal, bathing waters, dangerous substances,
  nitrates from agricultural sources, and economic
  instruments for water pollution.

16
WASTES

• Definition and classification
• Solid domestic, industrial
• Liquid wastewaters
• Sludge 3-25 solids
• Legal classification
• Controlled or Directive Any waste produced by
  commercial or industrial activities
• Non hazardous municipal wastes
• Hazardous (E,I,C,R,P)
• Special mine spoils, radioactive, medical

17
(No Transcript)
18

• Waste Management Licensing Regulations 1994
• Required for the
• deposit
• keeping
• treatment or
• disposal
• of
• industrial
• commercial or
• household waste

19

• WRAP (Waste and Resources Action Programme) is
  developing markets for recycled materials
• Regulations 1997
• Applies to organisations who
• Manufacture packaging raw materials
• Convert materials into packaging
• Pack and fill packaging
• Sell packaging to final user.
• And whose
• Turnover 5M (1M in 2000)
• Handling of obligated packaging is 50 tonnes pa.

20

• Duty of Care - EPA90 II
• Anyone involved in the production, handling or
  disposal of controlled waste is legally bound to
  ensure
• Waste is securely contained in such a way as
  toavoid it escaping into the environment
• Waste is transferred only to someone
  authorisedto carry or manage it
• Appropriate records and transfer notes are kept
• Appropriate measures are taken to ensure
  thatothers involved in the handling and disposal
  ofthe waste do so in accordance with the law

21

• Transfer notes
• Need to be used whenever waste is transferred
• Gives description of waste and container, who it
  is transferred to and from
• Who can accept waste?
• Registered or exempt waste carriers
• Local authorities
• Licensed waste managers
• Checking registration (responsibility of waste
  producer)
• Check certificate of registration
• Double check with EA/SEPA it is still valid

22

• Special Waste
• Need for pre-notification and
• use of consignment note system
• More rigorous storage and transport requirements
• Final site of disposal (eg landfill, incineration
  etc)
• Need to check for current waste management
  licence
• Check that type of waste and volume allowed by
  licence conditions

23

• Hazardous substances
• Mainly controlled via health and safety
  legislation
• Main areas
• Control of Substances Hazardous to Health (COSHH)
• Chemicals - Hazard Information and Packaging
  (CHIP)
• Carriage of Dangerous Goods
• Seveso Directive Regs (CIMAH and COMAH)
• Control of Industrial Major Accidents and Hazards
• Control Of Major Accidents and Hazards

24

• Development Control
• Centred on planning law
• Mainly applicable when new developments are being
  undertaken
• Usually very few, the significant environmental
  issues are covered in IPC authorisations etc.
• Related to EIA and permits

25
QUESTIONS?
26
Bibliography

• Ball, S. and Bell, S. (1994) Environmental Law
  (2nd edition) Blackstone Press Ltd., London. 469
  pp.
• Churchill, R., Warren, L.M. and Gibson, J. (1991)
  Law, Policy and the Environment. Basil Blackwell,
  Oxford, 173 pp.

27
Additional Information

• http//www.environment-agency.gov.uk/netregs/resou
  rces/276263/277374/
• http//www.defra.gov.uk/
• http//www.dti.gov.uk
• http//www.environment-agency.gov.uk/business/
• http//europa.eu.int/comm/environment/