Environmental Issues in the United Kingdom

1
Environmental Issues in the United Kingdom

• Stuart Sleeman

2
Overview

• UK Overview
• Environmental Regulations
• Structure
• Overview
• Doing Business in the UK
• Case Studies

3
British Experience

• Previously
• Lived Worked in Manchester London
• Currently
• Consulting to US Based Multinationals
• Broad Range of Assignments
• EHS Audits (Compliance EMS)
• Acquisitions (Land Operations)
• EHS Training Programs

4
International Approach

• Most Stringent Regulations
• Consistency in Approach
• Understanding Corporate Goals and Objectives

• Local Regulations
• Local Language
• Culture
• Perspective
• Enforcement Trends

5
United Kingdom

• British Empire
• ¼ of the Earth Surface
• UN Security Council, NATO the Commonwealth
• Member of EU
• England, Scotland, Wales Nth. Ireland
• Population
• 59,778,002 (July 2002 est.)
• Size
• Smaller than Oregon

6
Economy

• One of the Quartet of Trillion Dollar Economies
  of Western Europe
• World Ranking
• 5th in Exports
• 4th in Imports
• Inflation, Interest Rates and Unemployment
  Remain Low
• Good Economic PerformanceCausing EMU Problems

7
Environment

• Greenhouse Emissions
• Met Kyoto Protocol Target(12.5 reduction from
  1990)
• Domestic Goal(20 cut by 2010)
• Industrial Commercial Waste
• 85 of 1998 levels by 2005
• Recycling
• 25 Household Waste by 2005
• 33 Household Waste by 2015
• 1998-2000 Increase from 8.8 to 10.3

8
Government

• Monarchy
• Magna Carta, the Petition of Right and Bill of
  Rights
• Prime Minister Cabinet
• Majority in House of Commons MPs
• Individual Secretaries of State
• Reformed House of Lords
• Hereditary Peers, Life Peers, Law Lords Members
  of the Church
• Highest Court

9
Department of the Environment, Transport, and the
Regions

• Ministerial Level Policy Body of the Central
  Government
• Secretary of State
• Agencies Delegated by Legislation
• Environmental Agencies
• National Rivers Authority (NRA)
• Her Majesty's Inspectorate of Pollution (HMIP)
• Local Waste Regulation Authorities (WRA)
• Her Majesty's Industrial Pollution Inspectorate
  (HMIPI)
• Local Authorities

10
Environmental Legislation History

• Early Regulations
• Chimney Sweepers and Chimneys Regulation Act
  1840,
• Rivers Pollution Prevention Act 1876
• Alkali Works etc. Act 1906
• Control of Pollution Act - 1974
• Majesty's Inspectorate of Pollution (HMIP)
  formed in 1987
• Water Act - 1989
• Part I of the Environmental Protection Act - 1990
  
• Integrated Pollution Control (IPC)
• Best Available Techniques Not Entailing Excessive
  Costs (BATNEEC)

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Environment Act - 1995

• Contaminated Land Regime
• Identification
• Remediation
• Appropriate Person
• Reuse, Recovery or Recycling of Products Or
  Materials
• Amended Water Resources Act
• National Ambient Air Quality Standards
• Reduction Targets
• 9 Main Pollutants Identified
• National Waste Strategy 2000

12
Current Trends

• European Union's Integrated Pollution Prevention
  and Control (IPPC) Directive
• Large Volume Solvent Users
• Waste Industry
• Plant Decommissioning
• Producer Responsibility Regulations
• Packaging Waste Issues
• Direct Toxicity Assessment (DTA)
• Waste Water Toxicity
• Use of Taxation and Fiscal Measures
• Landfill Tax
• Tax on Virgin Aggregate Material
• Pesticide Tax Energy Tax

13
Enforcement Action - 2001

• 478 Enforcement Notices
• 1,517 Successful Charges
• 2.7 Million in Fines
• 0.6 Million Against Individuals
• Average Fine - 6,410
• Heaviest Fines
• Breached Permit Conditions
• Caused Pollution Incidents

14
Legal Application

• Strict Liability
• Manufacturer/Service Provider Exceeds Established
  Parameters it Must Plead Guilty in a Court of Law
  
• Punishment
• Extent to which the Manufacturer/Service Provider
  has Exercised its 'Duty Of Care
• Provide Objective Evidence
• Social Responsibility

15
Case Studies
16
EHS Compliance Assessment

• Conducting an Evaluation of an EMS
• Mature HS System
• British Safety Council
• Use Of BSC Auditing Program
• National Awards
• Significant Environmental Issues
• Waste Handling
• Containment
• Water Control

17
Perception of Risk

• Facility on the River Avon
• Local Groundwater Contamination
• Historic Use Issues
• 3 x 10,000 Gallon Oil Tanks
• No Containment Structures
• No Spill Response Equipment or Procedures

18
Multi-CountryEnforcement

• EHS Standard of Care
• UK Multi-National
• South African Subsidiary
• Differing EHS Practices
• Enforcement Activity in Originating Country
• Successfully Moved to British Courts
• Case Lost on Appeal to House of Lords