Enforcement of Environmental Legislation Flashcards
what does the Pollution Prevention and Control Act 1999 permit?
(PPC Act)
it allows regulations to be made implementing Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control)
What did the PPC Act introduce?
the concept of Best Available Technique (BAT) to ALL installations
What does the Environmental Permitting (England and Wales) Regulations 2016 cover Directive 2010/75/EU with installation permits A91) and A92) installation permits regulate?
- energy efficiency
- waste management
- consumption of raw materials
- noise and vibration
- site restoration and decommissioning
- accidents involving the environment
- emission to air
- emissions to water
- emissions to land
such ‘installation permits’ require operators to use BAT to control pollution
what re the pollution control responsibilities of the Environment Agency (EA)?
- licences and permits for emissions discharges and disposal to air, land and water etc
- waste management licensing such as the registration of carriers and regulation and enforcement of the import and export of waste
- regulation of contaminated land ‘special sites’ in addition to those contaminated by radioactive materiels
what are the responsibilities of Scottish Environment Protection Agency (SEPA)
- regulate all installations identified as being controlled by the Pollution Prevention and Control (Scotland~) Regulations 2012
- regulating discharges to water, and for protecting and making improvements to water environments
- waste management activities (eg incinerators)
- dealing with contaminated land that has been designed as a ‘special site’
- use and disposal of radioactive materials and waste
what are the overall aims and responsibilities of Northern Ireland Environment Agency (NIEA)
- protect and conserve Northern Irelands natural heritage and built environment
- control pollution
- promote the wider appreciation of the environment and best environmental practices.
- Part A and B processes are regulated by NIEA.
What are the responsibilities of Natural Resources Wales (NRW)
its key environmental regulatory responsibilities are essentially the same as the EA.
NRW is the key environmental regulator for Wales. Formed in 2013 and took over the former regulatory and other responsibilities in Wales of the EA, Forestry Commission and Countryside Council for Wales.
what are the legal requirements relating to public access to information?
- Freedom of Information Act 2000
- Freedom of Information (Scotland) Act 2002
- some specific legal provisions that give the public the right of access to environmental information from the UNECE Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justiv=ce in Environmental Matters 1998
this convention has been ratified to
- (in the UK) Environmental Information Regulations 2004 or Environmental Information (Scotland) Regulations 2004
Public Authorities have a duty to make environmental information available to any person who requests it.
They are also required to provide advice and assistance
what does environmental information include?
- any measures or activities likely to affect, or affecting the environment
- measures designed to protect the environment
- emissions, discharges and other releases
- cost-benefit and economic analyses
- the state of human health and safety
What does there Environmental Permitting Regulations 2016 state about permit applications
that they should be put onto a public register
applicants may also request that certain information be excluded on the grounds of commercial confidentiality
there are public registered of what?
- consented discharges of trade effluent
- actions to be taken in the case of an accident at a site subject to the COMAH Regs 2015
- works in relation to contaminated land
what does the Environment and Safety Information Act 1988 require?
that safety and environmental authorities to set up registers of the enforcement notices they serve on factories, shops and other premises where public hazards or breaches of safety or environmental laws have occurred.
what legislation requires ERU member states to maintain inventories of pollutant release data from specific industrial sources?
The European Pollutant Release and Transfer Register (E-PRTR) Regulation 166/2006 (ECP Regulations 2016)
- for England and Wales implemented using Environmental Permitting Regulations. Holders are required to supply annual reports to to EA.NRW of mass releases of specified substances to air, land, and controlled waters and off site transfers contained in wastewater from the permitted sites.
there duties of empowered authorities (agencies) to enforce Environmental Legislation are?
- to enforce relevant legislation
- to monitor environmental conditions and public statistics
- to advise Government in setting environmental quality standards and for proposals for pollution prevention measures
- to provide advice and guidance on Best Environmental Practice
- to respond to complaints from the public concerning environmental pollution and nuisance
what are the responsibilities of Local authorities to enforce Environmental Legislation?
- those in England and Wales have responsibility for Regulating Par B installations
- the district councils in Northern Ireland have responsibility for regulating Part C processes
- Environmental Health Departments have responsibility for regulating contaminated land and statutory nuisances
