Crimes Against Nature Environmental Legislation

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Crimes Against NatureEnvironmental Legislation
Liam Gardner National Environmental Adviser
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• Todays agenda
• Why does environmental legislation matter to you?
• Recent prosecution statistics
• Criminal Liability for managers and directors
• Major legislation and consequences of prosecution
• Packaging Waste Obligations
• Other environmental legislation
• How BOSS can help

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• Reduce your environmental liability
• To reduce both business and personal risk
• Civil/Criminal Prosecution
• Tangible Costs (Fines/Legal etc.)
• Intangible Costs Reputation
• In the last 8 years
• 1600 cases per year
• 800 prosecutions per year
• 61 illegal disposal of wastes (average fine
  3700)
• 26 water pollution incidents (average fine
  6700)
• Prosecutions and penalties both set to increase
  significantly

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• Criminal liability of directors and managers
• A company Director/Manager/Officer can be
  criminally prosecuted for environmental offences
  under UK/EU Law
• Some offences have strict liability where only
  environmental harm needs proving not intent or
  fault.
• Penalties include
• Criminal conviction
• Fines
• Pay unlimited compensation
• Disqualification from company management 15yrs
• Prison Sentence

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Major Environmental Legislation and Potential
Penalties for Prosecution
Legislation Offence Magistrate's Court Crown Court
Environmental Protection Act Authorisation breach 20,000 fine /or 3 months in prison Unlimited fine /or 2 years in prison
Water Resources Act Unconsented discharge to controlled waters 20,000 fine /or 3 months in prison Unlimited fine /or 2 years in prison
Water Industry Act Unconsented discharge to foul sewer 20,000 fine Unlimited fine
Special Waste Regulations Breach of requirements 5,000 fine Unlimited fine /or 2 years in prison
Producer Responsibility for Packaging Waste Lack of / incorrect data provision, failure to meet obligation 5,000 fine Unlimited fine
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• Producer Responsibility Obligations
• (Packaging Waste) Regulations 2007
• Applies to companies with annual
• Turnover gt2M
• AND Handles 50 Tonnes Packaging
• These companies must
• Register with EA/compliance scheme
• Provide packaging waste data
• Meet obligations through recovery or purchasing
  of Packaging Waste Recovery Notes (PRNs/PERNs)

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• Red Bull get their wings clipped...
• Prosecuted by EA under The Producer
  Responsibility (Packaging Waste) Regulations
• Failure to recover and recycle packaging waste
• Record payment of 271,800 (27/07/09)
• Fine   261,278.00
• Costs 3755.00
• Compensation to EA 6854.00
• Damage to reputation?

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• Polluter pays principle
• EU - Environmental Liability Directive 2004
  (Imp.2007)
• UK - Environmental Damage (Prevention and
  Remediation) Regulations 2009.
• Environmental Permitting 2007
• Waste Duty of Care (EPA 1990/Hazardous Waste 2006
  etc)
• Landfill tax
• Low emissions vehicles
• Climate Change Levy
• Carbon Reduction Commitment

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• What does your company need to do...
• Easy! Get compliant Stay compliant!
• Yes, but how?
• Internal - Environmental Management System (EMS)
• External Business service providers/consultants
  or..
• BOSS membership
• Online and telephone support
• Expert consultancy support
• Products and services
• Inc. Environmental Health check