Unit ED6: Environmental Legislative Framework and Methods of Enforcement Flashcards
The PPC Act introduced what concept to ALL installations.
Best Available Techniques’ (BAT) to ALL installations.
List the facilities where an Environmental permit is required to operate under the The Environmental Permitting (England and Wales) Regulations 2016
- installations
- mobile plants
- waste operations
- radioactive substances activities
- water discharge activities
- groundwater activities
- A small waste incineration plant (England only).
- A solvent emission activity (England only).
- Flood risk activity.
The following organisations are involved in the enforcement of the PPC/EP installation regime:
- In England, responsibilities are split between the Environment Agency and the Local
Authorities.
What are the enforcement options are available to the regulators:
- Enforcement notices.
- Suspension of permits.
The duties of the agencies may be summarised as:
- To enforce relevant legislation.
- To monitor environmental conditions and publish 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.
Pollution control responsibilities of the EA include:
- Licences and permits for emissions discharges and disposal to air, land and water,
- Waste management licensing
- Regulation of contaminated land ‘special sites’
Offences under the Environmental Protection Act 1990 include:
- Failure to comply with or contravening any requirement or prohibition imposed by an
enforcement notice or a suspension notice - Failure to comply with any requirement imposed by regulatory authorities without a
good excuse - Preventing another person from answering any question to which an inspector may
require an answer. - Intentionally obstructing an inspector in the performance of his/her duties.
- Intentionally making a false entry in any record required to be kept under Section 7
of the Act. - Making a statement which is known to be false or misleading.
It is an offence under the Pollution Prevention and Control Act 1999 to undertake the following
- Operate an installation without a permit.
- Contravene a permit or its conditions.
- Fail to comply with a court order requiring remedial action following conviction.
It is an offence under the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (as amended) to:
- Not take practicable steps to prevent environmental damage.
- Fail to comply with an enforcement or remediation notice.
- Fail to comply with instructions
- Fail to provide information to an enforcement authority.
What is an Enforcement Notices
Enforcement notices under the Environmental Permitting Regulations are issued by regulators if they are of the opinion that an operator is not complying with a permit
or its conditions.
List the Other Forms of Notice
- formal caution
- abatement
- suspension
- revocation
- variation
- remediation
- works notice
- Anti-pollution works notices may be issued by the Environment Agency to recover
costs for preventing or cleaning up water pollution
Civil Sanctions can include
- Compliance notices.
- Restoration notices.
- Variable Monetary Penalties (VMPs).
- Enforcement undertakings
- Third-Party Undertakings (TPUs).
- Fixed Monetary Penalties (FMPs).
- Stop notices.
In general, the enforcement agencies have the following powers, which can be exercised when:
- Determining whether environmental legislation is being complied with.
- Exercising pollution control functions.
- Determining how a pollution control function should be exercised.
Section 117 of the Environmental Protection Act provides that an appointed officer can:
- Enter premises at any reasonable time or at any time when it is considered that there
is an immediate risk of serious pollution of the environment - Direct that all or part of the premises, or anything in them be left undisturbed as long
as is reasonably necessary for the purpose of any investigation - Take samples of any articles or substances found.
- Dismantle or test any article or substance found.
- Take possession of any article or substance and retain it, etc.
Maximum Penalties on Conviction
Under the Environmental Protection Act 1990
- Penalties in Magistrates’ Courts - Summary Offences- Magistrates may impose an unlimited fine and/or six months’ imprisonment for most parts of the EPA 1990
- On indictment in a Crown Court, this rises to an unlimited fine and/or two years’ imprisonment. Costs may also be charged to the company.
