Environmental Legislation Flashcards
What agency covers environmental enforcement in Scotland?
Scottish Environmental Protection Agency (SEPA)
What agency covers environmental enforcement in England and Wales?
Environmental Agency (EA)
What are the two most important UK ministries in charge of environmental policies?
- Department of Environment, Food and Rural Affairs
- Department for Business, Energy and Industrial Strategy
What does ‘clean’ go hand in hand with?
‘Safe’
What was the main aim of the Alkali and Works Regulation Act?
Applying the ‘best practicable means’ for preventing the escape of noxious and offensive gases including HCl, SOx and NOx for a range of ‘prescribed processes’
What is meant by ‘best practicable means’?
This refers not only to the provision and efficient maintenance of appliances adequate for preventing such escape but also the manner in which such appliances are used and to the proper supervision of any operation in which such gases are evolved.
What is the main aim of the Health and Safety at Work Act?
Mostly about the protection of the workforce personnel actually on the business’s premises. It lists a number of duties of care of the employer which overlap with environmental control. The act has subsequently been extended to non-employees and to the general public.
What was the main outcome of the Environmental Protection Act?
It introduced the concept of Integrated Pollution Control.
What does Integrated Pollution Control combine?
- Air pollution, water pollution, discharge of wastes to landfill
- Industries with their own legislation e.g. mining and quarrying and the nuclear industry were incorporated
- It incorporated previous regulations, clean air, litter, nature conversation, countryside matters
What did Integration Pollution Control develop into?
Integrated Pollution Prevention and Control (IPCC)
What is the difference between IPC and IPPC?
- ‘Prevention’ was added
- IPPC has more stringent limits
- IPPC also includes noise, heat, light and vibrations as ‘prescribed substances’
What is the significance of prescribed substances?
The emissions of the substance must be prevented and controlled
Which directive now retains the principle of IPPC?
The EU’s Industrial Emissions Directive (2010/75/EU)
How are IPPC and IED implemented in Scotland?
Through the Pollution Prevention and Control Regulations 2012
What are the two principles of the IED?
- ‘Polluter pays’ principle
- ‘Pollution prevention’ principle
What does IPPC apply to?
- Prescribed Processes
- Prescribed Substances
What is required in the permit of the IPPC?
Full process description, mass balances, environmental assessment, ‘BATs’ and conditions
Give examples of prescribed processes
Energy industries, production and processing of metals and minerals, chemical industry, waste management, slaughterhouses and disposal of animal carcases
Give examples of prescribed substances for air
F, Cl, As compounds SOx, NOx and other S and N compounds Particulates Asbestos Metals and their compounds Carbon Monoxide Cyanides
Give examples of prescribed substances in water
Organohalogen compounds, organophosphorus, substances that are carcinogenic or mutagenic, biocides, cyanides
What are the three ways in which Prescribed Substances can be dealt with?
- Prevent (consider alternatives)
- Minimise (re-use, recycle, recover as far as possible)
- Render harmless (destruction, neutralisation, dispersion)
What directive covers prescribed substances?
Waste Framework Directive
How will a permit deal with prescribed substances?
Emission Limit Values
What are the other necessities of IPPC?
- Energy and resources must be used efficiently with BATs
- Necessary measures must be taken to prevent accidents and limit consequences
- Necessary measures must be taken on final cessation of activities to avoid any pollution risk
What sort of conditions will a permit include?
- Emission Limit Values
- Level of environmental monitoring and method
- Operating instructions and training
- Abnormal occurrences
- Accidental prevention
- End-of-Life decommissioning
What are BATs?
Best Available Techniques Reference Documents are sector-by-sector technical guidance. The emission limits associated with BAT must be complied with.
What powers do the inspector of the environmental agency have?
- To enter premises at any time
- To make examinations and investigations
- Take measurements, photographs,
- To copy records
- To require answers to questions
- Access company reports
What are enforcement notices?
They are issued by SEPA when a condition is being contravened or when a condition is likely to be contravened. It may be served.
It states what is wrong and what is needed to put it right, the timescale is required.
What are suspension notices?
They are issued by SEPA when there is either an imminent risk of pollution or some other risk of serious pollution or an immediate danger to human health. Must be served. It states the risk, the steps necessary to correct it, what parts of the process cannot be operated in the meantime.
What are offences under the act?
Operating without authorisation. Not complying with conditions or notices, and legally justified requirements of the inspectors. Falsifying data, forging documents, making misleading statements in dealing with SEPA.
