Environmental Legislation for Business

1. Environmental Legislationfor Business David Elliott Environment Officer – Medway Area

2. Overview • The Environment Agency • Key Environmental Legislation • Duty of Care – Waste • Oil Storage Regulations • Hazardous Waste Regulations • Packaging Regulations • WEEE Directive • Environment Awards for Kent Business 2006 • Questions?

3. Role of the Environment Agency The leading public body for protecting and improving the environment in England and Wales.

4. Role of the Environment Agency • Air quality • Conservation • Fish • Flood Risk Management • Land Quality • Navigation • Recreation • Waste • Water Quality • Water Resources

5. Key Environmental Legislation

6. Key Environmental Legislation • Control of Pollution (Amendment) Act 1989 • Environment Act 1995 • Environmental Protection Act 1990 • Controlled Waste Regulations 1992, SI 588 • Controlled Waste (Amendment) Regulations 1993, SI 566 • Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991, SI 1624 • Controlled Waste (Registration of Carriers and Seizure of Vehicles) (Amendment) Regulations 1998, SI 605 End of Life Vehicles Regulations 2003, SI 2635 • End of Life Vehicles (Producer Responsibility) Regulations 2005 SI 263 • Environmental Protection (Duty of Care) Regulations 1991 SI 2839 • Environmental Protection (Duty of Care) (England) (Amendment) Regulations 2003, SI 63 • Hazardous Waste (England and Wales) Regulations 2005 SI 894

7. Key Environmental Legislation • Landfill (England and Wales) Regulations 2002, SI 1559 • Landfill (England and Wales) (Amendment) Regulations 2004 SI 1375 • Packaging (Essential Requirements) Regulations 2003 SI 1941 • Packaging (Essential Requirements) (Amendment) Regulations 2004, SI 1188 • Producer Responsibility Obligations (Packaging Waste) Regulations 1997, SI 648 • Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 1999, SI 1361 • Producer Responsibility Obligations (Packaging Waste) (Amendment) (No. 2) Regulations 1999 SI 3447 • Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and Wales) Regulations 2000, SI 3375 • Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2002, SI 732

8. Key Environmental Legislation • Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2003 SI 3294 • Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and Wales) Regulations 2005 SI 717 • Special Waste Regulations 1996, SI 972 • Special Waste (Amendment) Regulations 1996, SI 2019 • Special Waste (Amendment) Regulations 1997, SI 251 • Special Waste (Amendment) (England and Wales) Regulations 2001 SI 3148 • Transfrontier Shipment of Radioactive Waste Regulations 1993, SI 3031 • Transfrontier Shipment of Waste Regulations 1994, SI 1137 • Transfrontier Shipment of Waste (Amendment) Regulations 2005 SI 187 • Waste Incineration (England and Wales) Regulations 2002, SI 2980 • Waste Management Licences (Consultation and Compensation) Regulations 1999, SI 481

9. Key Environmental Legislation • Waste Management Licensing Regulations 1994, SI 1056 • Waste Management Licensing (Amendment) Regulations 1995, SI 288 • Waste Management Licensing (Amendment No 2) Regulations 1995, SI 1950 • Waste Management Licensing (Amendment) Regulations 1996, SI 1279 • Waste Management Licensing (Amendment) Regulations 1997, SI 2203 • Waste Management Licensing (Amendment) Regulations 1998, SI 606 • Waste Management Licensing (Amendment) (England) Regulations 2002, SI 674 • Waste Management Licensing (Amendment) (England) Regulations 2003, SI 595 • Waste Management Regulations 1996, SI 634

10. Key Environmental Legislation !

11. Waste • Classifying a substance as waste has implications: • Duty of Care • Carrier Registration • Site Authorisation • Duty of Care applies to anyone who produces or imports, keeps or stores, transports, treats or disposes of waste

12. Duty of Care for Waste • To ensure that any waste you produce is handled safely and in accordance with the law • Responsibility continues even after you have passed it on to another party • The Duty of Care has no time limit, and extends until the waste has either been finally and properly disposed of or fully recovered

13. Duty of Care for Waste • All waste is stored and disposed of responsibly • Waste is only handled or dealt with by individuals or businesses that are authorised to deal with it • A record is kept of all waste received or transferred through a system of signed Waste Transfer Notes

15. The Control Of Pollution (Oil Storage) (England) Regulations 2001

16. Top 5 Causes of Oil Pollution 1. Accidental spillage 2. Vandalism 3. Leaking tanks 4. Collision 5. Poor operation

17. Who do the Regulations affect? • Commercial, industrial, institutional premises storing any type of oil • Containers > 200 litres, above ground • Tanks, Drums, IBCs, Mobile Bowsers • England • Everyone must comply from 1 Sep 2005

18. Principal Requirements • Good tank design standards (including pipework) • Secondary containment • bund, or • drip tray (drums & mobile equipment)

19. Exemptions • Waste Mineral Oil • Underground Storage • Inside Buildings • Domestic Oil Storage (less than 3500 litres) • Building Regs requirements • Refining or onward distribution • Agricultural use of oil on farms

20. General Requirements: Primary Container • Container defined as fixed tank, drum, mobile bowser or Intermediate Bulk Container (IBC) • Container must be fit for purpose & sufficient strength

21. General Requirements:Secondary Containment Capacity • 110% total volume • Drums - 25% total volume • Impermeable to oil & water • No drain valves • Seal pipes if pass through bund

22. General Requirements:Location • Positioned or other steps taken to minimise risk of damage by impact • “other steps taken” - collision barriers or bollards

23. Further info – Oil Storage Regs • Guidance available • DEFRA (0800 556000) and at www.defra.gov.uk (search for oil storage) • PPGs 2 & 26 • www.environment-agency.gov.uk/osr • Queries to oil.regulations@environment-agency.gov.uk

24. Hazardous Waste Regulations • Replace Special Waste Regulations • Came into force on 16 July 2005 • Change the scope of what needs to be consigned • fluorescent tubes in • prescription only medicines out • Require registration of premises where hazardous waste is produced or from which it is removed

25. Changes to Haz Waste List • 200 additional wastes added in 2000 • ELVs • Fridges & Freezers • TVs and computer monitors • Fluorescent tubes

26. Other Changes • Term “special” dropped • Increased responsibility on the disposer of the hazardous waste • Streamlined procedures • Electronic system for site notification, no pre-notification to Agency, quarterly returns, charges based on return • No mixing of hazardous waste allowed

27. What you need to do • Dispose of high risk wastes safely • Segregate your waste - Hazardous wastes will need to be collected and disposed of separately. • Notify the Environment Agency and Register (details later) • Ask your waste contractor how they will be collecting the types of waste you produce • Some wastes will need to be sampled, tested and described for your waste contractor • Reduce your waste – save money!

28. How do I register? • Online (£18 per premises) - www.environment-agency.gov.uk/newrulesonwaste • Telephone (£23 per premises) - 08708 502858 • Email - see notification guide for instructions • Paper form (£28 per premises) • Through a third party i.e. head office, waste contractor, etc.

29. The Packaging Regulations • EC Directive • EU Packaging and Packaging Waste Directive 94/62/EC • UK Response • Regulations made under sections 93-95 of The Environment Act 1995: • The Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (as amended)

30. What is Packaging? • Packaging is all products made of any materials of any nature used for the containment, protection, handling, delivery and presentation of goods • May be involved at each stage of the process - from raw materials to processed goods.

31. Do These Regulations Affect My Company? YES, if it: • has a UK turnover of £2m or more and • handles over 50 tonnes of packaging and • owns the packaging and • performs an activity on the packaging, or has that activity performed on their behalf and • supplies to another stage in the chain or final user

32. How Do I Do It? • Know turnover • Implement systems to record weights of packaging handled and activities performed • Calculate obligation • Register • with the Environment Agency / SEPA OR • with a Compliance Scheme

33. The WEEE Directive • Waste Electrical and Electronic Equipment (WEEE) Directive • Not yet in force in the UK • On 14 December 2005 Government announced further delay • Latest proposals can be found on: www.dti.gov.uk/sustainability/weee/WEEE _policy_review_conclusions.pdf

34. WEEE Directive - Key Features • Target for separately collecting household WEEE; • No obligation on householders to segregate WEEE; • Retailers to offer in-store take-back or equivalent; • Recovery and recycling targets for various categories of separately collected WEEE;

35. Key Features – Cont. • All separately collected WEEE to be treated; • All treatment sites to be regulated; • Manufacturers to fund treatment / recycling; • Separate arrangements for Business-to-Business WEEE

36. Article 2 - Scope • All equipment dependent on electrical currents or electromagnetic fields (< 1,000V ac or 1,500V dc) • 10 categories: - large Household, small household, IT and Telecommunications, consumer equipment, lighting equipment, electrical and electronic tools, toys leisure & sports, medical devices, monitoring, automatic dispensers

37. Will the WEEE Regulations affect my Company? • WEEE Directive = “producer responsibility” • The definition of “producer” covers: • Anyone who manufacturers and sells EEE under their own brand (e.g. Sony, Dyson) • Anyone who resells under their own brand EEE produced by other suppliers; or • Businesses that import EEE into the UK on a professional basis. • Also affect – selling, distributing, recycling or treating EEE.

38. Awards Sponsors…. Environment Awards for Kent Business 2006

39. Overview • 20 years history • Seek to reward Kent businesses not only for their environmental performance, but also their community work and corporate responsibility • Large or small businesses, regardless of sector • 10 category awards and a separate School awards • The overall winner is selected from the 10 Award winners chosen by the judges as the top examples of best practice, commitment, or positive impact

40. Environment Awards for Kent Business 2006

41. Environment Awards for Kent Business 2005 • 54 Entries • Entries included: • Renewable energy • Energy efficiency through technology • Sustainable construction • Waste minimisation and Recycling • Environment Management Systems • Sustainable procurement • Community involvement • Biodiversity and wildlife gardens • Public Private Partnerships • Staff awareness • Water efficiency

42. Winners 2005

43. Who Cares Wins!What are you doing for the environment?Are you leading the way?Are you starting something new?For info & help contact Keren Gurion07771 825667keren.gurion@environment-agency.gov.ukwww.egeneration.co.uk/kent

44. Where can I get help? • Environment Agency - 08708 506 506 or visit www.environment-agency.gov.uk • NetRegs – www.netregs.gov.uk • Envirowise – offers small businesses a free and confidential "FastTrack" waste minimisation and energy audit. 0800 585794 or visit: www.envirowise.gov.uk • Keren Gurion – KSBP Advisor – 01732 223107 or keren.gurion@environment-agency.gov.uk - for general advice on environment improvements and the Environment Awards for Kent Business

45. Environmental Legislation and Enforcement David Elliott Environment Officer – Medway Area