EDIP Summary Notes PDF

NEBOSH Diploma in
Environmental Management
Unit ED1
Management of Environmental Risk
Revision Guide
RRC acknowledges with thanks the co-operation of NEBOSH in the
production of this guide.
RRC Ref. ED1RG.1.4
© RRC International
All rights reserved.
No part of this publication may be reproduced, stored in a retrieval system, or
transmitted in any form, or by any means, electronic, electrostatic, mechanical,
photocopied or otherwise, without the express permission in writing from RRC.
NEBOSH DIPLOMA IN
ENVIRONMENTAL MANAGEMENT
UNIT ED1
MANAGEMENT OF ENVIRONMENTAL RISK
REVISION GUIDE
Contents
Welcome to your NEBOSH Diploma in Environmental Management
Revision Guide! 1
Revising Effectively 2
Overview of the Exam 3
Element 1: Principles of Environmental Risk Management 13
Element 2: Environmental Risk Evaluation 33
Element 3: Control Strategies for Environmental Risk 45
Element 4: Monitoring, Review and Audit 65
Element 5: Developments in Environmental Legislation 77
Element 6: Environmental Legislative Framework and Methods of
Enforcement 87
Element 7: Public Access to Environmental Information 103
Element 8: Civil Liability in Relation to Environmental Pollution 113
Element 9: Solid and Liquid Wastes 127
Element 10: Gaseous and Particulate Releases to Atmosphere 149
Element 11: Water Resources Management 173
Element 12: Control of Environmental Nuisance 193
Element 13: Hazardous Substances 205
Element 14: Environmental Implications of Development and Land Use 215
Element 15: Energy Use and Efficiency 237
And Finally… 249
Revision Guide Introduction
Welcome to your NEBOSH Diploma in

Environmental Management Revision Guide!
This Revision Guide has been created to help you build a structured revision plan
towards your end-of-unit exam for Unit ED1, including some guidance on how to
answer exam-style questions. It’s split into elements as defined by the NEBOSH
syllabus and each element-section contains two main parts:
Revision Notes
When revising for an exam, many students rely on either trying to learn the whole
course, which is virtually impossible, or spending most of their revision time on
topics they believe are likely to come up in the exam - neither are good revision
techniques as they leave too much to chance. This part of your Revision Guide
provides a summary of the RRC course material; it’s designed to remind you of the
key principles and ideas you studied in this Unit.
Exam-Style Questions
This part of your Revision Guide provides some example exam-style questions
and model answers; it will give you an insight into what your NEBOSH examiner
expects from you and some common mistakes to avoid. Within each mock
question and answer scenario is an Interpretation, Plan and Suggested Answer; this
will provide a framework upon which you can base your approach to answering
each question. These model answers have been written as ideal answers and not
under exam conditions or time restraints, so it may not always be possible to write
up such a detailed answer in the actual exam. It is also worth keeping in mind that
some questions will require you to use knowledge from more than one element of
the course.
Remember, this booklet has been prepared with the exam in mind - it is not intended
to replace a proper course of learning! By combining an overview of each topic with
practice exam questions, you’re revising the course content and improving your exam
technique at the same time - it’s perfect preparation for your NEBOSH exam.
There’s no substitute for hard work, and the more study time you can spare the better,
but the key is to use this time effectively.
© RRC International 1
Revising Effectively
Using the Syllabus
Your secret to success is the Guide to the NEBOSH Diploma in Environmental
Management. This sets out the structure of the course and contains the syllabus. If you
don’t already have a copy of the syllabus, we strongly recommend that you buy one,
keep it with you and read it every day. All NEBOSH exam questions are set from the
syllabus, so as you become more familiar with it you’ll be less likely to be ‘thrown’ by a
surprise question.
Keep in mind that you’ll be expected to apply your knowledge to both familiar and
unfamiliar situations!
As exam questions are taken from the syllabus, mapping your study notes against the
syllabus can be a very useful revision technique. If you have studied with RRC you will
see that the material follows the syllabus quite closely, but this exercise is important to
help you appreciate the overall ‘picture’. When you’re studying one specific section
in isolation, it can be very easy to lose sight of how the material fits together, what
practical use it is, or how an environmental manager might make use of it in real life.
Referring back to the syllabus will put each topic in perspective and help you see how it
relates to the field of environmental management generally. It will also help you cross-
reference the material with other related topics, which you may have to do in more
complex exam questions.
To get this overview, you need to know the elements that make up the course and how
they relate to the RRC sections. Each element (e.g. Unit ED1, Element 1: Principles of
Environmental Risk Management) includes two important sections:
Learning Outcomes, which detail what you should be able to explain, understand,
assess, carry out, etc. after completing the element.
Content, which gives you the topics you should be fully familiar with.
You can use both these sections of the syllabus to test whether you have the relevant
skills, knowledge and understanding for each element, or whether you need to look
again at certain topics.
An idea for an effective revision technique is to take a pin (blunt, of course, for health
and safety reasons!) and randomly stick it in any part of the syllabus. Then write down
what you know about that topic. This might be very little at first, in which case go back
to your study notes and summarise the key issues that you need to work on. Make a
note of this topic, then return to it a few weeks later and see how much more you can
remember. If you practise this regularly, you will eventually cover the entire syllabus and
in the process find that you understand and retain the material much more effectively.
2 © RRC International
This is ‘active revision’, as it actively tests your memory to see what you have learnt
- and it is far more effective than ‘passive revision’ where you simply read your study
notes and usually switch off after 30 seconds, taking in little of the material.
You will find it easier if you make sure that you have an overall understanding of the
topic first, then fill in the detailed knowledge requirements later. Ask yourself searching
questions on each topic such as:
‘What use is this?’,
‘How would an environmental manager apply this in real life?’,
‘What is the point of this topic?’,
until you feel that you fully understand why an environmental manager would need to
know about each area. Once you have this level of general understanding, the details
will be much easier to retain, and in some cases you may be able to derive them from
your own workplace experiences.
Your revision aim is to achieve this comprehensive overview of the syllabus. Once you
have done this, you will be able to at least say something about each of the topic areas
and tackle any question set on the syllabus content.
Overview of the Exam

Students taking the NEBOSH Diploma in Environmental Management qualification are
often very concerned about the assessments that they have to pass.
NEBOSH qualifications are not easy! Each person who passes a qualification has to
work hard to do so, which makes it all the more rewarding when you succeed!
But, when you are preparing for the assessment, the practicalities of revision,
preparation and exam nerves can get the better of you.
Success in Unit ED1 depends on your performance during just three hours in the exam
at the end of your studies, and your exam performance will depend on two key factors:
How much you can remember about the different topics.
How well you can apply that knowledge in the exam situation.
It’s no use being good at one thing without also being good at the other. Staying calm
under pressure and interpreting questions won’t help if you don’t have the knowledge
to answer those questions. Getting that knowledge is the whole intention of the
revision process, but will count for nothing if you can’t function in an exam situation.
The overall purpose of this guide is to focus on both of these elements of success:
effective revision and good exam technique.
The Exam
You should aim to arrive at the exam venue early. Exams are stressful enough at the
best of times. Travelling to get there just in time or, worst case scenario, arriving late
will not help your nerves.
You have three hours to complete your answers. Ten minutes reading time is allowed
before the start of the exam during which you may read the exam paper but you may
not write anything.
Your answers should be written into a standard answer booklet. This answer booklet
contains lined A4 paper with a cover. You complete the cover with a few personal
details as instructed and then write your answers inside. There is a space at the top of
each page for you to indicate which question you are answering on that page.
The exam contains eight questions; each of these is worth a maximum of 20 marks.
You have to answer any five of these eight questions. The exam paper states that you
are advised to spend 36 minutes on each of these questions. Within this time, spend
a few minutes at the start writing a plan. At the end, use any remaining time to review
your answers for mistakes and look to see if there is any extra information you could
add.
Don’t forget - you can take a watch into the exam with you. Take your watch off and
put it on the table in front of you. As you start each exam question write the start time
and projected finish times on the exam paper next to the question. You don’t need to
remember what time you started or intend to finish - it is written down in front of you.
As you write your answer, make sure that you check your watch to ensure that you do
not run over your intended finish time.
If you write the finish time down, check your watch and stick to your intended plan
- then you cannot go wrong with time management during the exam. If you do not
have a plan, or if you have a plan but fail to follow it in the exam room, then time
management can go horribly wrong.
Plenty of students run out of time. Don’t let it happen to you!
Exam Strategy
Understanding everything in the syllabus is of no use if you have poor examination
technique. To achieve maximum marks, you will need to:
Read the question carefully.
Understand what information is being requested. It is important to identify the
command word within the question, as this will give you an indication of the depth
of knowledge required in your answer. Typical command words used by NEBOSH
in Diploma exam questions include identify, outline, explain and describe. (The
next section of this guide has further information about these command words
and their meaning.)
Understand the breadth of knowledge required.
Look at the marks available for the question or part of the question – that is a clear
indication of the amount of information required and time to be spent on it.
Read it again to ensure you understand its meaning.
Produce a plan to organise your thoughts.
Provide the information in a logical and coherent way.
Manage your time effectively – you need to allocate your time evenly throughout
the exam to take into account the number of marks allocated per question.
NEBOSH Command Words

It is important to identify the command word within the question as this will help you
understand the meaning of the question and the depth of knowledge required in your
answer. The following command words are routinely used by NEBOSH in Diploma
exam questions:
Identify
Give the item its name or title, often requiring just a word or short phrase.
Example:
Question: Identify FOUR greenhouse gases.
Answer: Carbon dioxide.
Methane.
Sulphur hexafluoride.
Nitrous oxide.
Outline
Give a brief summary of the item or its key features. A detailed explanation is not
required, but the answers must be more than just a single word or phrase.
Example:
Question: Outline TWO adverse impacts associated with the combustion of fossil
fuels.
Answer: Acid rain – acidic gases from fossil fuel combustion, such as oxides
of nitrogen or sulphur, combine with water to create acid rain
that corrodes buildings, damages trees and reduces biodiversity in
watercourses.
Smog – gases from vehicle exhausts react with sunlight forming smog
which affects respiratory health and plant life.
Describe
Give a detailed written account of the subject or item. Sufficient so that someone
reading that description can visualise the item in their mind’s eye.
Example:
Question Describe an environmental policy statement.
Answer: The environmental policy statement is usually a one page document with
a title at the top of the page followed by several paragraphs of text. At
the bottom of the document there will be the name and signature of the
person at the top of the organisation (e.g. the Managing Director), along
with the date the document was signed and a date when the document
will be reviewed. Each paragraph of text on the page will summarise the
key aims and objectives of the organisation regarding environmental
management.
Explain
Give an understanding of why or how something happens. With more detail than an
outline would require.
Example:
Question: Explain what is meant by the term eutrophication.
Answer: Eutrophication - or nutrient enrichment - is when excessive levels of
plant nutrients, such as nitrogen and phosphorous released from poor
agricultural practices, cause excessive growth of algae and other aquatic
plants. Such growth causes a watercourse to become deoxygenated as
bacteria break down dead plant matter using large quantities of oxygen in
the water. Such deoxygenated conditions promote the growth of toxic blue
green algae and can kill fish and other aquatic life. Excessive amounts of
algae can also block light.
Give
Provide without explanation. Is often used in conjunction with example (as in: ‘give an
example of’).
Example:
Question: Outline the meaning of the term ‘environmental aspect’ and give TWO
examples associated with the operation of an automatic car wash.
Answer: The term environmental aspects means ‘elements of an organisation’s
activities, products or services that can interact with the environment’. Two
examples associated with the operation of a car wash are: use of water
for washing the cars; and the noise emitted from the operation of the car
wash machinery.
Students who have studied at NEBOSH Certificate level may well recognise these
command words from Certificate level exam questions.
NEBOSH also uses other command words in Diploma exam questions. These words,
and an interpretation of their meaning, are presented below, along with part-question
examples to illustrate their use:
Analyse
Break down the subject into its component parts and examine their relationship.
Example:
Question: Analyse the data presented in the table and suggest reasons for the
difference in safety performance.
Assess
Present judgments of relevant factors and their importance.
Example:
Question: Assess the significance of the court ruling in R v. Swan Hunter concerning
the interpretation of Section 2(2)(c) of the Act.
Calculate
Undertake a mathematical process. N.B. It is important to always show your working
out when presenting calculations.
Example:
Question: Using the data in the table, calculate the 8-hour TWA exposure to flour
dust for bakery operatives.
Comment
Give a justified opinion on the issue.
Example:
Question: Comment on the Managing Director’s point of view and give reasons why
they are incorrect.
Compare and Contrast

Identify the similarities and differences between the subjects. N.B. You must cross-
reference between the two subjects and not just write two completely separate
descriptions.
Example:
Question: Compare and contrast X-ray and alpha particle ionising radiation.
Consider
Show your thinking about the subject matter.
Example:
Question: Consider the impact of the Director’s decision on the safety culture of the
organisation.
Define
Give a broadly acceptable meaning of a word or phrase.
Example:
Question: Define the phrase ‘safety culture’.
Demonstrate
Prove by logical reasoning.
Example:
Question: Using the data in the two tables, demonstrate that the trend in accident
frequency rate is upwards and discuss possible reasons for the increase.
Determine
Come to a decision or conclusion by investigation.
Example:
Question: Determine the root causes of the incident.
Discuss
Critically analyse the subject matter.
Example:
Question: Discuss the findings of the committee and analyse the strengths and
weaknesses of its recommendation.
Distinguish
Separate the subjects by highlighting differences.
Example:
Question: Distinguish between Acts of Parliament, Regulations and Orders.
Evaluate
Show the value of the subject by careful examination.
Example:
Question: Evaluate the use of risk-rating matrixes in the risk assessment process.
Justify
Support by using fact or reasoning.
Example:
Question: Justify this choice of respiratory protective equipment as opposed to the
cheaper alternative.
Recommend
Present as a personal choice of action with some justification.
Example:
Question: Recommend a course of action for the Managing Director to follow that
will allow the company to discharge its legal duties in these circumstances.
Review
Overview the subject matter and summarise.
Example:
Question: Review the information that is likely to be requested by the insurance
company when investigating this claim for compensation.
Further information on these command words and their use is available directly from
NEBOSH. A full guide giving specific examples of exam questions and full suggested
answers that clearly illustrate the use and meaning of each word is available at no cost
from www. nebosh.org.uk.
Another important exam skill is to carefully read and analyse the question so that you
are clear about what is required to answer it. Once you have done this, you will be
ready to plan your answer (though for some short answers you can get away with not
doing a plan). This will help you structure your thoughts in order to provide a coherent
response to the question. The other important reason for planning is to allow you
to jot down key words, which may help you recall memories associated with those
subjects.
Students often make the mistake of going into too much detail on specific topics and
failing to address the wider issues. If you only deal with half of the relevant issues you
can only achieve half of the marks! Try to give as broad an answer as you can, without
stepping outside the subject matter of the question altogether. Ensure that you explain
each issue to convince the examiner that you have a sufficient understanding. Giving
relevant workplace examples is a good way of doing this.
You can find a sample Unit ED1 exam paper in the NEBOSH guide to the Diploma.
You can obtain Examiners’ Reports from NEBOSH..
Last-Minute Preparation
Finally, a useful way to combine syllabus study with exam practice is to attempt to set
and answer your own exam questions. By adding a question word, such as ‘explain’
or ‘describe’, in front of the syllabus topic areas, you can produce a whole range of
questions. This is excellent exam practice because it serves as a valuable topic revision
aid, and, at the same time, requires you to set out your knowledge just as you would
under exam conditions.
Revision Guide Unit ED1: Management of Environmental Risk
Element 1: Principles
of Environmental Risk
Management
Natural Cycles and Sustainability
Carbon, Nitrogen and Phosphorus Cycles
The Carbon Cycle
The carbon cycle describes the way in which carbon moves between plants and animals
and the physical components of the environment (the atmosphere, ground and water
bodies).
Plants photosynthesise, taking carbon in the form of carbon dioxide (CO2) from
the atmosphere and using it to make carbohydrates (sugars).
Animals obtain carbon from the carbohydrates, proteins, fats and oils they ingest
by eating plants, or other animals. They break these foods down, releasing some of
the carbon back into the atmosphere as CO2 through respiration.
Plants also release CO2 back into the atmosphere through respiration.
Dead plant and animal tissues, as well as animal excrement, are digested by
decomposers (mainly microbes such as fungi and bacteria), releasing carbon back
into the atmosphere as CO2 or methane.
CO2 from the atmosphere also dissolves in the oceans and can be converted, as
calcium carbonate, into the shells and skeletons of marine organisms.
In certain conditions, the remains of living organisms, especially plants, may
become fossilised, eventually forming carbon-based fossil fuels (coal, oil and gas).
Both fossil fuels and dead plant material (wood) may eventually be combusted,
releasing the carbon they contain back into the atmosphere as CO2.
Volcanoes and grass and forest fires also release large amounts of CO2 into the
atmosphere.
Effects of human activities on the carbon cycle include:
Burning of fossil fuels and biomass, releasing carbon dioxide.
Deforestation and other changes to land use, removing a carbon sink.
Carbonate rocks used in cement manufacture.
The Nitrogen Cycle

Nitrogen is an element vital to all life processes on Earth.
Plants may extract nitrogen from the soil when it is a nitrate or ammonium salt. This is
known as nitrogen fixation and can occur by:
Lightning, the power of which can cause atmospheric di-atomic nitrogen particles
to divide.
The Haber process, the chemical reaction used to manufacture ammonia from a
reaction of nitrogen and hydrogen.
Nitrogen-fixing bacteria, which are present in soil and root nodules of
leguminous plants.
Excretion and egestion from animals, or when animals and plants decay, results in
nitrogen compounds being passed to the soil.
Effects of human activities on the nitrogen cycle include:
Fertiliser run-off and discharge of sewage, causing nutrient enrichment.
Fossil fuel combustion, causing acidification.
Emissions of ammonia from intensive farming.
The Phosphorus Cycle

Phosphates are important, as they are a component of energy production within cells.
Stages of the cycle:
Rocks and other terrestrial deposits are weathered over time, resulting in the
deliberate discharge of phosphorus into rivers, lakes or oceans.
Phosphorous (in phosphate form) is extracted from the soil by plants.
Animals that feed on plants take up such phosphorous-containing substances and
they are added to their tissues.
Discharge of phosphorous to soil and water occurs by excretion of animals.
Following death, decomposition by bacteria and fungi occurs which change the
form of phosphorous and transfer it back to the soil, thus continuing the cycle.
Hydrological Cycle
Water moves around the Earth through a system known as the hydrological cycle.
The initial input of water in the system is in the form of precipitation.
Plant roots can take up water that has seeped into the soil.
The water can continue to seep through the soil horizons to reach aquifers (water-
bearing rocks).
As both of these processes are happening, the power of the sun is driving this cycle
by causing evaporation. Warm air rises up into the atmosphere and becomes the
vapour involved in condensation.
Ecology and the Importance of Biodiversity

Biodiversity is the diversity, or variety, of plants, animals and other living things in a
particular area or region.
Species are now becoming extinct at an alarming rate, almost entirely as a direct result
of human activities.
Biodiversity has many benefits including:
Ecological.
Economic.
Cultural/spiritual/aesthetic.
Recreation/tourism.
Education/information.
Current Definitions of Sustainability

The Importance of Sustainability and Resource Efficiency in Decision-
Making
The commonly used definition of sustainable development is:
“development which meets the needs of the present without compromising the
ability of future generations to meet their own needs”.
Sustainable development involves a balance of social, economic and environmental
needs.
Businesses which incorporate the principles of sustainability can benefit from:
Resource efficiency - reduction of resources needed to run a business.
Impacts of climate change.
Risk management.
Attracting and retaining quality employees.
Design, Construction and Resource Efficiency with Sustainability as an

Objective
A product that has been designed with sustainability in mind must take into account
social, economic and environmental effects throughout its life cycle.
The construction industry can contribute to sustainable development in many ways

including:
Delivering buildings and structures that improve the health and well-being of
users.
Using materials that have low energy intensity and minimise environmental
damage.
Producing designs that are capable of a long life and have minimum impact on the
environment.
Resource efficiency:
More sustainable business operation, e.g. ensuring businesses are more resource-
efficient, can result in significant financial savings.
Resource-efficient practices can also lead to a better understanding of the
environmental impacts of production processes and reduction in their scale.
Precautionary Principle, Polluter Pays as Examples of Drivers for

Sustainability
Precautionary principle - identifies a need to implement changes in the absence of
absolute scientific proof, as further delay could lead to adverse effects on society and
have significant adverse effects on future generations.
Proportionality (cost-effectiveness) - is an important factor of the precautionary
principle.
It must be ensured that all environmental benefits of precautionary measures are
greater than economic and societal costs.
Polluter pays principle - that the polluter should pay for any significant damage to the
environment that is created by pollution released.
The Use of Fiscal Measures to Drive Change

Taxation has the ability to achieve widespread positive changes in behaviour. Two
examples are the Landfill Tax and Climate Change Levy.
Trading is another fiscal measure which has been implemented to drive change, e.g. the
EU Emissions Trading System (ETS).
Sustainable Development Strategies

The UK and Scottish Governments have released sustainable development strategies
with numerous commitments covering issues such as environmental taxes, local
environmental targets and monitoring the UK influence on international sustainable
development.
The Rio +20 Conference in June 2012 signed off a plan for international improvements
in sustainable development including:
Commitment to develop Sustainable Development Goals (SDGs).
Recognition of the key role of the green economy.
Measurement of national output in an alternative way than just GDP (a measure of
growth only).
An attempt to ensure that the world’s most important companies report on
sustainability.
Improvement to the United Nations Environment Programme (UNEP) by opening
up membership and the organisation being given a larger role to mainstream
environmental issues.
Reasons for Managing Environmental Risk

These can be broadly classified as legal, moral and financial/economic.
Moral
The environment is where we live as well as where we work, and our neighbours are
owed a moral, as well as legal, duty.
Legal
There is a large and growing amount of statutory environmental legislation, plus a
relatively small but growing number of civil judgments.
Modern environmental legislation seeks to prevent damage to the environment by:
Notices - enforcement, and prohibition or stop.
Punitive means - fines or imprisonment (or both).
Financial cost - payment for consents, permits, etc.
Cost recovery - clean-up costs for land, water, etc. that is polluted.
Fiscal measures - e.g. the Climate Change Levy or the Landfill Tax.
Economic
Costs associated with poor environmental management include:
Poor control of cost of resources.
Legal compliance - fines, cost recovery and fiscal measures (see above).
Loss of customers from bad publicity.
Lowering of company reputation and associated costs.
Principles of Environmental Hazard Identification, Risk

Assessment and Control
Industrial regulation of the environment used to be reactive, as opposed to the
proactive and preventive legislation we have today.
Direct Effects on the Health and Safety of People Outside the Workplace
Environmental hazard = a property or situation, which in particular circumstances
could lead to harm.
The following are very different types of environmental hazards:
Release of environmentally harmful gases, such as CFCs (chlorofluorocarbons).
Spills of chemicals.
Hazards which impinge directly on the environment may cause harm to the health and
safety of people outside the workplace.
Hazardous Substances
These may cause harm directly to the health and safety of people outside the
workplace:
Release of pollutants into a watercourse could affect recreational users or prevent
its use as drinking water.
Releases from local exhaust ventilation systems could affect neighbours/
neighbouring property.
Fire and Explosion

Fire can pose a substantial threat to the environment because:
Chemicals can be released into the air.
New chemicals can be created as part of the oxidation and pyrolytic process.
Firewater can cause pollution of surface water and groundwater.
Explosions can pose a risk to the environment as:
Large amounts of substances will be released suddenly into the environment.
They can initiate either a fire or a spill.
Large quantities of toxic materials are released into the air.
Radiation
This can be defined as the emission of energy as electromagnetic waves or particles
emitted by radioactive materials.
Sources of radiation present in the UK include:
Naturally-occurring radioactive gases, radon and thorium.
Gamma rays emitted from naturally-occurring radioactive materials in rocks and
soils.
Medical services, e.g. diagnostic X-rays and radiotherapy.
Radiation hazards can occur as a result of:
Fire or explosion.
An uncontrolled event not associated with either fire or explosion.
Natural emissions of radon gas.
Hazards to people from radiation:
Level Short-Term Effects Long-Term Effects

Whole body Reduced blood count. Cancers of the blood
(leukaemia), bone or soft
Sickness.
tissue.
Failure of blood-
forming organs.
Damage to intestinal
tract and central
nervous system.
Hair loss.
Skin burns and
reddening of the skin.
Individual cell Cell death. Reduced speed of
reproduction.
Damage to sperm or ova.
Indirect Effects on the Health and Safety of People Outside the

Workplace
There are also indirect ways in which people could be harmed.
Food and Drinking Water Safety

Food safety laws and the Food and Environment Protection Act 1985 specifically
address problems associated with pollutants.
Drinking water is covered by a number of EU directives and its quality is tightly
regulated.
Pesticides
These pose particular risks to the environment, and their storage and use are tightly
controlled.
They may not be discharged into drains or watercourses, and appear in Schedule 1 of
the Trade Effluents (Prescribed Processes and Substances) Regulations 1989.
Global, Regional and Local Environmental Effects

Some environmental impacts may be observed locally, while some spread as far as the
global environment.
The following are key environmental effects of air pollution observed on a global
basis:
Global warming.
Acid deposition.
Smog.
Depletion of the stratospheric ozone layer.
Effects on Quality of Life

Nuisances such as Noise, Dust and Odour
Statutory nuisances are ‘prejudicial to health or a nuisance’. The Environmental
Protection Act 1990 and amendments refer to a number of nuisances including
noise, dust and odour.
Visual Amenity
This is mainly managed under planning law (Town and Country Planning Acts) and is
the responsibility of district or unitary authorities.
Transport Effects
Effects of traffic include:
Gaseous emissions causing environmental damage.
Noise.
Dust.
Congestion, etc.
Wastes from Consumer Products (Packaging)

Landfill as a waste disposal option is poor, as poorly managed landfill sites can have
adverse effects, such as:
Releases of toxins.
Threat to quality of life.
Key legislation with regard to consumer products/packaging is described in the
following laws:
Producer Responsibility Obligations (Packaging Waste) Regulations 2007.
Waste Electrical and Electronic Equipment (WEEE) Regulations 2013.
Packaging (Essential Requirements) Regulations 2003.
Effects on Plants, Animals and Natural Systems

Composition and Dynamics of Communities and Ecosystems
An ecosystem is a community of interdependent organisms and the physical and
chemical environment they inhabit, e.g. estuaries and woodlands.
Ecosystems work because energy and chemicals are constantly cycled through the
system. These systems can be affected by pollutants, which can enter the food chain
and be absorbed into our bodies, for example PCBs.
Assessment of Environmental Risks

Data on Environmental Problems
There is a wide range of data available on environmental problems.
Sources of Information and Advice on Environmental Risks

Important sources of information and advice on environmental matters are numerous.
Key sources include the regulatory bodies and WRAP.
Use of Environmental Monitoring Data to Evaluate Risk

Monitoring enables the environmental manager to:
Ensure efficiency of the process, and any pollution control equipment.
Ensure compliance with any relevant environmental controls.
Ascertain whether the controls are adequate.
There are many types of monitoring regime, but three are common:
Controlled emissions monitoring.
Ambient air quality monitoring.
Fugitive emissions monitoring.
Use of Biological Indicators to Evaluate Risk

Some plants and animals show reaction to varying conditions in the environment that
are difficult to identify. For this reason, they can be used as biological indicators or
‘bioindicators’.
Macroinvertebrates are the most widely used organisms for biological assessment.
Biological indicators are sensitive to a wide range of stresses and, as such, provide a
measure of the quality or health of ecosystems.
Uses and Limitations of External Data Sources

Sources of data:
The Environment Agency website has a wealth of information on water quality,
groundwater source protection, flood plains and vulnerable zones and wastes.
There are many commercial databases that provide updates on legislation and
topical articles on environmental matters.
In order to ascertain likely past history a commercial service, Envirocheck, will
search and provide results from many information sources such as topographical
and enforcement authority registers.
Details of air quality monitoring statistics from throughout the UK can be found at
http://uk-air.defra.gov.uk/.
The magnitude of the effect on the receptor may vary according to a number of
factors. One is sensitivity, e.g. whether the site is one protected under specific
environmental legislation (SSSIs, etc.).
Whatever source of information is used to assess environmental risks, certain simple

quality control checks should be undertaken to ensure that it is:
Accurate.
Complete.
Consistent.
Faithful.
Not biased.
Relevant.
Transparent.
Awareness of the Relationships between Source, Pathway and Receptor

when Assessing Environmental Risk
The Source Pathway Receptor (or Target) approach is used to evaluate environmental
risk. It works on the premise of:
Identification and quantification of sources of hazards.
Determination and possible quantification of transport (pathway) processes and
mechanisms (e.g. air, soil, water).
Characterisation, distribution and responses of sensitive receptors, such as humans,
plants and animals.
The SPR approach can be used to identify the potential effects to any of the
environmental media (air, water and land).
Control Strategies for Environmental Risks

The purpose of an environmental control strategy is to identify, prioritise and reduce
the liabilities arising from the environmental issues.
Government Strategies
All laws and relevant fiscal requirements may be considered as control strategies, under
the following headings:
Legislation.
Fiscal remedies.
Charges to cover costs.
Targets.
Practical Controls
In general, the following strategy should be adopted:
Elimination.
Substitution.
Reduction/changes to the process.
Risk Control Measures

Technical
The following should be addressed when considering any site, process or activity:
Site history.
Geology and hydrogeology.
Location.
Sensitive sites.
Raw material sourcing is very important. Consider:
The distance transported.
The effects of mineral extraction on the local environment and the landscape.
Excessive amounts of waste, or residues produced by raw materials, which are
difficult to dispose of.
The type and source of a company’s energy requirements represents an important
environmental choice.
The design of the plant and the introduction and strengthening of engineering
controls can greatly reduce the likelihood of an environmental incident. Appropriate
pollution controls should be adopted.
Procedural
An Environmental Management System (EMS) consists of policies and procedures to
ensure that environmental hazards are appropriately controlled or prevented.
Procedures must be documented and staff encouraged to adhere to them. Adherence
can be achieved by management commitment, effective presentation and promoting a
positive environmental culture.
Behavioural
Personnel at all levels must be provided with information, instruction and training so
that they are familiar with the environmental strategy.
An environmental report clearly acknowledges and explains the environmental

impacts of an organisation’s operations and products and demonstrates the
organisation’s commitment to reduce them accordingly by publicly disclosing its
policies, targets and long-term objectives.
Factors Affecting Choice of Control Measures

Long Term/Short Term
Wherever possible, risks should be ‘designed or engineered out’; e.g. the
equipment should prevent the possibility of the event occurring.
Applicability
The relevance of a control technique can be described in law (e.g. BAT).
Practicability
Control measures chosen must be usable and practical if they are to be effective.
Cost
The cost of risk reduction is often detailed in law.
In addition to presenting risks to an organisation, environmental issues can also present
opportunities such as financial savings, improved chance of legal compliance, increased
sales, investment and improved staff recruitment.
Definitions
Aspect - “Any element of an organisation’s activities, products or services that can
interact with the environment.”
Impact - “Any change in the environment whether adverse or beneficial.”
1. (a) Identify how manufacturing activities may contribute to global climate
change. (14)
(b) Explain how life-cycle analysis may be used to determine the impact a
manufactured product has on global climate change. (6)
2. Air pollution can have significant impact on the environment. Explain the sources,
pathways, processes and effects of the following:
(a) global climate change; (5)
(b) stratospheric ozone depletion; (5)
(c) acid rain; (5)
(d) photochemical smog. (5)
3. Your organisation is revising its purchasing procedures in order that they should
better reflect health, safety and environmental considerations. In the form of a
memorandum to the Purchasing Manager, outline the environmental issues that
should be addressed when purchasing new equipment and materials. (20)
4. Explain the principle of a ‘pollution pathway’ and comment on the importance of

this principle in the assessment of environmental risk arising from the release of
polluting substances into the environment. Illustrate your answer with examples
of typical pollution pathways. (20)
Model Answers
Question 1
Interpretation
The question is in two parts and your answer must be presented in the same way; an
answer to part (a) and an answer to part (b).
Part (a) of the question carries 14 marks, with key words being ‘manufacturing’,
‘contribute’ and ‘global climate change’.
Part (b) requires you to apply the concept of life-cycle analysis to the scenario so key
words or phrases are ‘life-cycle analysis’, ‘used to determine’, ‘manufactured product’
and ‘global climate change’. The concept of life-cycle analysis must be applied to the
scenario - it is not sufficient to just give a general description of the process.
Plan
(a) Direct effects (those that come specifically from the site) and indirect effects
(those that occur from raw material and utilities generation, use and disposal of
the product).
(b) Cradle to grave, inventory analysis, interpretation, carbon footprints.
Suggested Answer
(a) For direct effects consider activities that may be occurring on the site that may
emit one or more greenhouse gases. Energy may be being generated on-site
from the use of fossil-fuel-powered generators. Consider transportation including
on-site transportation (forklift trucks), haulage fleet and employee travel to and
from work. Greenhouse gases may be emitted from the manufacturing process
itself (e.g. chemical industry). Service emissions may also occur, such as leakage of
refrigerant from an air-conditioning system. Maintenance activities may involve
the use of solvents.
Indirect activities would include use of electricity that has been generated by
the combustion of fossil fuels. Emissions from the manufacture of raw materials
that are used and emissions from the use of a product (e.g. car) are also relevant.
Destruction of carbon sinks such as forest and soils is easily missed but could also
form part of your answer. Finally, consider the disposal phase - disposal to landfill
of a waste that will biodegrade will cause methane emissions. Incineration and/
or treatment of the waste would also emit carbon dioxide and other greenhouse
gases.
(b) Life-cycle analysis may involve an analysis of greenhouse gas emissions from cradle
to grave. Inventory analysis involves making a quantified estimate of the amount
of greenhouse gas emissions from each phase of the life cycle. Interpretation of
the inventory analysis will involve working out the magnitude of the greenhouse
gas emissions at the phase of the life cycle. Reference could be made to carbon
footprint which is a type of life-cycle analysis that constitutes analysis of just
greenhouse gas emissions.
Question 2
Interpretation
This question has four parts, each of which is worth five marks. Being an ‘explain’
question a reasonable explanation is required in the answer. Ensure that the causes,
principles of formation and consequences of each are covered. A logical approach
would be to use the source-pathway-target approach for each effect.
Plan
Source, pollutant, pathway, process and effects.
(a) Burning fossil fuels and others; carbon dioxide, methane, etc.; increase in
greenhouse gas layer; trapping heat; rise in sea level, increase in temperature,
change in weather conditions, etc.
(b) Emissions of hydrogen and bromine containing compounds; VOCs, refrigerants,
halons, chlorinated solvents; process of ozone depletion; increased UV; effects of
increased UV.
(c) Emissions of acidic gases; NOX, SO2, HCl; process of formation (combination with
water); effects on vegetation, aquatic systems, leaching of metals.
(d) Emissions of VOCs; NOX, secondary pollutants mainly ozone; reaction with
sunlight and reactive gases; respiratory problems.
Suggested Answer
(a) Global climate change - caused by increases in greenhouse gases such as CO2
(from burning fossil fuels), methane (from landfill sites), refrigerant gases (from
refrigeration systems). Such air pollutants cause the greenhouse gas layer to
become more efficient at trapping heat, exacerbating the natural process. This
leads to a global warming of the atmosphere. Consequences include climate
change, sea level rises, changing weather conditions and effects on agriculture.
(b) Stratospheric ozone depletion - emissions of ozone-depleting substances
(hydrogen and bromine containing), such as refrigerants, carbon tetrachloride,
halons and chlorinated solvents. Ozone layer acts to absorb harmful ultraviolet
radiation. Substances cause ozone to be transformed into oxygen molecules.
Chlorine and bromine are not consumed during process and are available to
combine with other ozone molecules. Impacts include skin cancer and damage to
crops.
(c) Acid rain - various sources including fossil fuel burning. Sulphur dioxide (SO2),
nitrous oxides (NOX), hydrochloric acid (HCl) emitted to air. Such gases rise up to
atmosphere and combine with water to produce acids such as sulphuric acid which
have a low pH. When clouds, rain or a mist forms the acid is transferred to the
Earth’s surface. This can have numerous effects such as release of harmful metal
- e.g. aluminium - from soils, damage to limestone buildings, damage to fish and
other aquatic organisms, corrosion of metals and depletion of nutrients necessary
for plants to be healthy.
(d) Photochemical smog - sources include emissions of volatile organic compounds
such as petrol and solvents. React with sunlight and gases (e.g. nitrogen dioxide) to
form a mixture of secondary pollutants including ozone. Effects include irritation
to respiratory systems and degradation of rubber.
Question 3
Interpretation
This question has no breakdown in term of sections or marks. However, I would
suggest that ten key ideas are required to win all of the available marks. The question is
quite open, allowing many different issues to be considered. One possible framework
would be to consider the life cycle of the equipment and materials. It tests general
knowledge on environmental issues rather than being specific to a certain type of issue.
An outline question, it requires a brief explanation of each issue.
Plan
LCA, resource use during manufacture, transportation, impacts during use, waste
issues, hazardous substances, nuisance, etc.
Suggested Answer
Where appropriate, the need to undertake a life-cycle analysis (LCA) of products may
be considered and the supply chain should be checked. The understanding of the
impacts on the environment should also be considered, such as issues surrounding
the use of non-renewable resources, e.g. consumption and sustainability. The
environmental impacts of transportation could also be considered, e.g. emissions
and noise. Impacts during use of the product could also be considered, such as
atmospheric emissions and energy consumption. Waste issues should also be included,
such as waste produced during use or at the end of life cycle and whether materials
can be reused or recycled. Packaging required and disposal could also be considered.
Other issues might include avoiding products that contain hazardous substances (e.g.
pesticides, cadmium, mercury, etc.) and any permits or authorisations required to store
such substances. In addition to hazardous substances and by-products, materials with
the potential to cause odour, noise or other nuisances also require consideration.
Question 4
Interpretation
Careful reading of this question is required. It is made up of two parts (although it
is a question that has no official sub-parts), the first requiring an explanation of the
principle of pollution pathways, including consideration of the importance of the
principle when assessing environmental risk. The second part of the question requires
examples of typical pollution pathways.
Plan
Pollution pathway principle - source, pathway, receptor, pathway examples,
numerous pathways, organisms’ dual role, bioaccumulation, effects on pollutants
when in pathway (dilution, dispersion, sedimentation, chemical reactions,
evaporation, photodegradation).
Assessment of risk - likelihood, exposure/dose, cover all pathways, predicted no
effect concentration, higher risk pollutants (persistence, high level of toxicity,
accumulate in certain media, bioaccumulation).
Examples of pollution pathways.
Suggested Answer
Pollution pathway principle is based on the understanding that a pollutant must travel
from the source along a pathway to a vulnerable receptor/target, where it causes
harm. If this link is broken then no harm to the target will occur and the overall risk to
the environment will be minimal.
There are a number of different pathways through which a pollutant can travel before
it reaches the target. A valid example could be pesticide being sprayed onto land that
then gets washed into a river with the water being drunk by humans and causing harm
(the pathways would be air, land and water).
Organisms can also be pathways as well as targets in their own right. For example,
some heavy metals and pesticides have the ability to bioaccumulate (build up in the
tissue of animals without being excreted). This leads to a greater level of exposure to
humans or other animals that might ingest organisms in which bioaccumulation has
occurred.
When moving through pathways pollutants can be affected by processes that alter
their concentration, e.g. dilution, dispersion, sedimentation, chemical reactions,
evaporation, photodegradation.
Comments on the importance of the pollution pathway principle in assessment of

environmental risk could include the fact that risk is dependent on the likelihood
that a pathway exists between a source of pollution and a target. The exposure or
dose received by the receptor must be great enough to cause harm in some way. An
environmental risk assessment should therefore consider exposures through all the
different potential pathways, to each potential target group. This is in order to ensure
that the Predicted No-Effect Concentration (PNEC) is not exceeded (if it exceeds the
PNEC then harm is likely).
Some pollutants that are of a higher risk have environmental persistence, a high level of
toxicity, accumulate in certain media (e.g. soils or sediments) and can bioaccumulate in
food chains.
Element 2: Environmental
Risk Evaluation
Evaluating Risks to The Environment
Cost-Benefit Analysis
Cost-Benefit Analysis (CBA) seeks to compare the
monetary value of benefits with the monetary value of costs.
Benefit = anything that increases human well-being.
Cost = anything that decreases human well-being.
Examples of cost-benefit analysis include:
Environmental impact of an industrial plant.
Convenience for users of a new railway.
Cost-Benefit Analysis as Applied to Environmental Risks

There are several different CBA techniques which may be used to derive the monetary
value of environmental and social costs:
Dose-response approach.
Replacement cost approach.
Avertive expenditures.
Hedonic price methods (house prices approach).
CBA and Sustainability

Opinion differs about the ways in which CBA can be made consistent with sustainable
development:
CBA is seen by some as being a prerequisite for sustainability, since CBA is
concerned with ensuring that actions are not taken where costs exceed benefits.
Others see CBA as not encouraging sustainability as a result of CBA giving cost
in the future less weight than cost incurred now.
CBA and Stakeholder Analysis

Although in a particular case, overall policy benefits may exceed policy costs, the
spread of those costs and benefits for individual stakeholders may be very different.
Stakeholder analysis enables the decision-maker to identify the potential winners and
losers.
Sensitivity and Scenario Analysis

Sensitivity analysis is used to test the vulnerability of options to unavoidable future
uncertainties.
The substitution of different values for a variable shows by how much it would have to
fall (if a benefit) or rise (if a cost) to make it not worth pursuing an option.
Environmental Modelling
Models can be used to explore ideas regarding environmental systems that may not be
possible to field-test for logistical, political or financial reasons.
Examples of scenarios include:
Air quality impact assessments and dispersion analyses.
Water quality modelling.
Principles and Application of Environmental Modelling

Conceptual Models
Generally written as diagrams with boxes and arrows, to provide a compact visual
statement of the problem.
Quantitative Models
A quantitative model is a set of mathematical expressions, coefficients and data
attached to a conceptual model.
These enable predictions to be made for the values of stated variables under
varying circumstances (e.g. differing weather conditions, increase in river flow).
Sensitivity analysis of a quantitative model can identify which processes and
coefficients have the greatest effect on the results.
Models can be based on empirical (observed) data or they can be mechanistic,
based on hypotheses regarding the processes involved.
Deterministic and Stochastic Models
A deterministic model has no random components and every time it is run with
the same parameters and conditions, the same results will be produced.
A stochastic model has at least one random factor, so as to produce different
results each time the model is run, simulating environmental variability.
Scaling
Scientific knowledge of environmental processes has been developed through their
study at a local level.
However, the problems affecting us now are often expressed on regional and global
scales.
Common problems include:

Difficulties in aggregation of large-scale behaviour from local processes.
Different processes predominate at different scales; correlations derived at one
scale may not be appropriate at another.
The interaction between processes operating at different scales.
GIS and Environmental Modelling

As many environmental models involve a spatial component, they lend themselves to
the use of GIS (Geographical Information and Spatial Referencing Systems).
Example applications:
Climate change.
Surface water.
Groundwater.
Dispersion and Transport of Pollutants in the Atmosphere

A pollutant plume emitted from a single source will be transported in the direction of
the mean wind.
Dispersion models describe how pollutants are spread and mixed in the atmosphere.
Dispersion models link measured air quality with emissions data.
Although measurements may form an important part of monitoring, for many
purposes, models are often needed to establish larger-scale average exposures or
deposition fields.
Dispersion in Water
The impact of a discharge on any water body is dependent on discharge quality and
quantity, and prevailing physical and chemical conditions of the waters receiving the
discharge.
This assessment is normally made with some form of predictive model to enable
simulation of different discharge quality parameters, in combination with the different
physical and chemical conditions of the receiving waters.
Limitations of Environmental Modelling

A single sample for one process will seldom be an adequate basis for control decisions.
The means of data collection, the accuracy of the data analysis, and the limits of
accuracy of the test/detectable limits and all the factors relating to the reliability of the
information, must be sought.
Life-Cycle Analysis
Behind the term ‘life-cycle’ is the idea that accurate assessment of the impacts of
a product on the environment should take into account the effects of the product
throughout its whole life-cycle.
Cradle-to-Grave Concept
The cradle-to-grave approach involves a full assessment of the impacts of a process or
product.
Principles and Techniques of Life-Cycle Analysis

There are four key steps to LCA:
Definition - defining the goal and scope of the study.
Life-cycle inventory analysis - gathering data and making a model of the product
life-cycle with all the environmental inflows and outflows.
Life-cycle impact assessment - understanding the environmental relevance of all
the inflows and outflows.
Life-cycle interpretation - evaluating their relative importance.
Assessment of Environmental Toxicity

The Meaning of Predicted No-Effect Concentration (PNEC)
Predicted No-Effect Concentration (PNEC) is:
Concentration of the substance below which adverse effects are not expected to
occur.
Ecotoxicology is the study of how chemicals affect the environment and the
organisms living in it. The PNEC is one method of determining ecotoxicology on
organisms.
Other methods used to assess the effects of chemicals on species include:
Lethal Concentration (LC50)
The Lethal Concentration 50 (LC50) is a statistically-derived concentration of
a test substance in water, which kills 50% of a test batch of organisms within a
continuous period of exposure (usually 96 hours).
Effective Concentration (EC50)
The Effective Concentration is that concentration which has an effect on 50% of
a test population of organisms (e.g. immobilisation of daphnia, or reduction in
growth of test algae).
Ecotoxicity has been assessed using data from many sources, including commercial
databases.
Principles of Environmental Toxicity and Ecotoxicity Testing

Evaluation of the risks from all chemicals is now largely covered by the European
Regulation (EC 1907/2006) on Registration, Evaluation, Authorisation and
Restriction of Chemicals (abbreviated to REACH).
REACH also deals with other things such as the requirement to provide safety data
sheets, previously covered by other legislation.
REACH now deals with so-called “new substances”. These are defined as those that
are not already listed in the European Inventory of Existing Commercial Chemical
Substances (EINECS). On 1 June 2008, these were brought within the scope of
REACH. They must be registered.
Registration involves collecting and collating information regarding the properties of a
substance.
The amount of information required is dependent on the hazards and tonnage of the
substance to be registered.
This information is then required to be used to undertake a risk assessment.
The assessment and collected information must then be submitted to the European
Chemicals Agency (ECHA) in Helsinki.
Enforcement provisions for the EU REACH Regulation are provided in the REACH
Enforcement Regulations 2008 with the HSE being the main regulator (although
others such as the EA and LAs are involved).
Environmental Assessment
Environmental Impact Assessment
Identification of Projects Requiring Formal Environmental Assessment
The EU EIA Directive (2011/92/EU) was first introduced in 1985 and has been
amended several times. It requires an impact assessment of projects likely to have
significant environmental effects, prior to them being granted consent by local and/or
national authorities.
The detailed requirements of the assessment may be found in the Town and Country
Planning (Environmental Impact Assessment) Regulations 2011 for England and
similar regulations for other parts of the UK.
These Regulations require that an environmental impact assessment must be carried
out on the environmental effects of specified proposed major industrial or civil
engineering developments (see Schedule 1 of the Regulations). Examples include:
Projects listed in Schedule 2 are those that may require an environmental assessment,
as a result of:
the characteristics of the development;
location of the development;
characteristics of the potential impact.
These include types of project such as agricultural, extractive industry, energy industry,
glass making and chemical industry and:
The modification of a Schedule 1 development already carried out.
Temporary testing of Schedule 1 methods or products for not more than one year,
etc.
Thresholds for the determination of inclusion in Schedule 2 are also defined in the
Regulations.
Procedures for the Preparation and Submission of Formal Environmental

Statements
In terms of content, the EIA Regulations require the production of an Environmental
Statement (ES):
A document or series of documents assessing the likely environmental impact of a
development proposal and the significance of the effects arising from its impact.
The stages of an assessment, as required by the EIA Regulations, are described as:
Screening.
Scoping.
Preparing an ES.
Making a planning application and consultation.
Decision-making.
For projects that lie outside the scope of the statutory planning system, the EIA
Regulations do not apply.
Separate regulations have been made for EIAs covering such projects.
The EU Commission is undertaking a fundamental review of the EIA Directive.
Strategic Environmental Assessment

Strategic Environmental Assessment (SEA) is:
A process to ensure that significant environmental effects arising from policies,
plans and programmes are identified, assessed, mitigated, communicated to
decision-makers and monitored and that opportunities for public involvement are
provided.
SEAs are required to be undertaken by competent authorities such as local and national
governments.
SEA has become an important instrument to help to achieve sustainable development
in public planning and policy-making.
An SEA will be required for plans and programmes including agriculture, forestry,
fisheries, energy industry and transport.
SEA is a generic tool which can be used in a variety of situations. A particular form of
SEA has been introduced by EU Directive 2001/42/EC.
The Environmental Assessment of Plans and Programmes Regulations 2004
implement the Directive in England with similar legislation in place for other parts of
the UK.
Although SEA and EIA are similar in their overall purpose, SEA tends to focus on
decision-making at a strategic level - plans, programmes and policies, while EIA focuses
on projects.
The process of developing an SEA is:
Context, baseline and scoping.
Alternatives and assessment.
Preparing the environmental report.
Consultation.
Monitoring.
General Requirements for Environmental Risk Assessment

Use of Risk Assessments Undertaken under Health and Safety Law for
Environmental Management
A risk assessment comprises the following elements:
The likelihood of the event.
The consequences of the event.
Having considered the likelihood and consequences of an incident, a risk assessment
can be carried out.
The terms ‘high’, ‘medium’ and ‘low’, etc. can be substituted with a numerical value.
Those hazards associated with the highest risks will need the greatest control measures
to be applied to reduce the risk to a lower level.
Note: Certain legislation may specify that a particular type of risk assessment be
carried out, e.g. the Contaminated Land (England) Regulations 2006.
1. (a) Outline the key legal requirements and guidance that must be consulted
when assessing the need for an environmental impact assessment. (6)
(b) Describe the key matters that should be considered when preparing an
environmental assessment for a chemicals manufacturing plant. (14)
2. (a) Outline the process of life-cycle analysis, quoting relevant standards. (6)
(b) Describe the component parts of a life-cycle analysis. (14)
Model Answers
Question 1
Interpretation
Part (a) of this question requires an outline of the key legal requirements and guidance
with regards to environmental assessments, so a brief explanation of these issues is
required. For part (b) a fuller explanation is obviously needed as this is a ‘describe’
question. It is quite an open question. Make sure that the answer for (b) is relevant
to the chemical fertiliser scenario specified and not just environmental assessment in
general.
Plan
(a) EIA Regs (Schedule 1 and Schedule 2 requirements), EP Regs.
(b) Screening, scoping, statutory consultees, baseline, protected sites, wildlife, visual,
emissions and mitigation, location of processes, storage and use, preparation of
non-technical summary.
Suggested Answer
(a) The Town and Country Planning (Environmental Impact Assessment) Regulations
2011 (similar laws are in place in Wales, Scotland and Northern Ireland) state
that an environmental assessment must be undertaken for specific types of
development, e.g. those listed in Schedule 1 of the Regulations. For such
developments an environmental statement must also be submitted. For Schedule
2 developments it is the local planning authority who decides whether an
environmental statement is necessary. Environmental assessments are not just
required by planning law; the Environmental Permitting Regulations 2010 also
require assessments as part of the applications process.
(b) There are many relevant issues here, such as the various stages of environmental
assessment, e.g. screening and scoping. Statutory consultees are required to
be contacted and any issues that they raise should be considered. Findings of
the study should determine the environmental baseline; characterisation of the
development during the life cycle of the building would also be relevant.
Other specific issues might be determining receptors such as geology, Sites of
Special Scientific Interest (SSSIs), Special Areas of Conservation (SACs), wildlife,
archaeology, visual aspects, etc.
Another set of issues could be the impacts of the development, e.g. visual impact;
emissions and mitigation techniques for land, air and water pollution; emergency
procedures; energy emissions (noise, vibration, heat); and drainage and surface
water pollution.
Other issues that might be considered could include location of processes and
possible alternative locations; storage and use of materials; and preparation of
technical and non-technical reports.
Question 2
Interpretation
For part (a) the answer should provide a brief description of the meaning and purpose
of life-cycle assessment (life-cycle analysis). This should be given in the context of the
standards that cover LCA.
For part (b) an in-depth explanation of the stages of LCA should be undertaken. A
suitable framework for this answer would be considering the LCA process from the
start to its conclusion.
Plan
(a) ISO 14040 and ISO 14044, meaning and purpose (products, comparison, impact
on environment, cradle to grave).
(b) Definition of goal and scope, inventory analysis, impact assessment and
interpretation.
Suggested Answer
(a) There are two international standards which could be referenced in the answer,
ISO 14040:2006 Life-Cycle Assessment - Principles and Framework which provides
a clear overview of the practice, applications and limitations of LCA and ISO
14044:2006 Life-Cycle Assessment - Requirements and Guidelines which defines
how an LCA should be carried out.
LCA is often undertaken to determine the environmental aspects and impacts of
a product so that it may be compared with other products in order to determine
which has the least overall adverse impact on the environment. It takes into
account the full life cycle of the product from cradle to grave.
(b) The second part of the question requires a description of each of the component
parts of LCA, using a suitable example:
Step 1 - Definition of Goal and Scope
The scope should be sufficiently well-defined to ensure that the breadth,
depth and details of the study are compatible and sufficient to address the
stated goal.
Step 2 - Life-Cycle Inventory Analysis
This mainly involves data collection, e.g. foreground data (very specific
data, typically data that describes a particular product system and particular
specialised production system) and background data (for generic materials,
energy, transport and waste management systems).
Step 3 - Life-Cycle Impact Assessment
Inventory results are linked to physical impacts on the environment. There are
three phases:
–– Classification and characterisation.
–– Normalisation.
–– Evaluation or weighting.
In the classification phase, all substances are sorted into classes according to
the effect they have on the environment. Characterisation provides a basis for
aggregation of inventory results within all the categories.
Normalisation enables a better understanding of the relative size of an effect.
Each effect calculated for the life cycle of a product is benchmarked against
the known total effect for this class.
In the evaluation phase the normalised effect scores are multiplied by a
weighting factor representing the relative importance of the effect.
Step 4 - Life-Cycle Interpretation
Interpretation is likely to involve a review of all elements of the LCA process,
checking that these have been systematic and that assumptions made are
consistent. A report will also be produced.
Element 3: Control Strategies

for Environmental Risk
Risk Control Measures
Selection of the Best Solution for an
Organisation Based on Relevant Risk
Controls will usually involve a mix of both physical
and human controls.
Examples of physical controls include:
Leaks in bulk storage tanks can be contained within a bund wall.
Spillages can be prevented from reaching a sensitive receptor by spill containment
devices and equipment.
Human controls - information, instruction, supervision and training.
Influence of Legislation on Control Strategies

General Legislation
This legislation is in place to reduce harm to health and to the environment from
air emissions, waste disposal, etc.
Fiscal Strategies
Fiscal strategies (e.g. Landfill Tax) are frequently used as a control strategy.
Effects of Government and Company Policy on Control Strategies

Some control strategies are imposed by policy, both governmental policy and internal
company policy.
Effects of Government Policy on Control Strategies
It is government policy to encourage waste reduction and recycling.
Therefore, recycling and recovery targets are imposed under the Producer
Responsibility Obligations (Packaging Waste) Regulations 2007.
Effects of Insurers on Control Strategies
Most environmental matters will normally be managed through a public liability
insurance policy.
These policies do not give cover for incidents unless they are ‘sudden and
accidental’.
In practice this means that pollution from leaking tanks, or run-off from
contaminated land would not be covered by a general insurance policy.
Effects of Internal Policies on Control Strategies

Companies may also impose control strategies in the form of an Environmental
Policy.
These policies should be backed up by management systems, appropriate control
procedures and associated information and training.
Identification of Control Options

In general, the following strategy should be adopted:
Elimination.
Substitution.
Most Desirable
Reduction/changes to the process.
Control.
Similarly, the Waste Hierarchy is used as a waste management risk reduction strategy:
Prevention.
Preparing for reuse.
Recycling.
Most Desirable
Other recovery.
Disposal.
Assessment to Determine the Best Practicable Environmental

Option (BPEO)
A BPEO is the option that provides most benefits or least damage to the environment
as a whole at acceptable cost in the short and long term.
A BPEO assessment utilises the following framework:
Identification and quantification of all releases.
Determination of whether the release will comply with statutory emission limits.
A screening exercise to identify environmentally significant releases.
Whether or not releases will comply with statutory environmental quality
objectives in the foreseeable future.
A determination of the acceptability of the releases.
Identification of the BPEO from a number of environmentally acceptable options.
Identification of the process control and monitoring requirements.
Assessment of Control Systems to Determine the Best Available

Techniques (BAT) and the Importance of an Integrated Approach
to Pollution Control
In order to successfully obtain an installation permit under the Environmental
Permitting Regulations 2010, operators have to show that:
Their proposals represent the Best Available Techniques (BAT) to prevent and
minimise pollution from the organisation.
No significant pollution is caused.
Definition of BAT
‘Best’ means, in relation to techniques, the most effective in achieving a high general
level of protection of the environment as a whole.
‘Available Techniques’ means those techniques which have been developed on a scale
which allows implementation in the relevant industrial sector, under economically and
technically viable conditions. This takes into consideration the cost and advantages.
‘Techniques’ includes both the technology used and the way in which the installation
is designed, built, maintained, operated and decommissioned.
Environmental Assessment for BAT

BAT can be determined by conducting an Options Appraisal of potential techniques.
The methodology involves six stages to assess BAT:
Define the objective of the assessment and the options for pollution control.
Quantify the emissions from each output.
Quantify the environmental impacts of each option.
Compare options and rank them in the order of the lowest environmental
impact.
Evaluate the costs to implement each option.
Identify the option which represents the best available technique, taking costs
and benefits into account.
Systematic Approach to Environmental Risk Management

Environmental Management Systems
EMS models (including the ISO 14001 standard) are based on the “Plan, Do, Check,
Act” model.
BS EN ISO 14000 Series

In the ISO 14001 EMS standard, the “plan, do, check, act” steps have been expanded
into six EMS clauses:
Environmental policy.
Planning.
Implementation and operation.
Checking.
Management review.
Continual improvement.
EMAS
EMAS, the Eco-Management and Audit Scheme, is a voluntary European initiative
designed to improve companies’ environmental performance.
Although apparently similar in content, ISO 14001 is an international standard, while
EMAS is a European standard.
There are a number of subtle differences between the two, including:
EMAS requires an initial environmental review.
EMAS requires preparation of a detailed public ‘Environmental Statement’,
which must be verified by a third party (IEMA in the UK).
EMAS requires that an open dialogue be established between the public and other
interested parties.
EMAS uses stronger and more specific language about legal compliance.
BS 8555
This describes how to implement a generic EMS and can be used as a route towards
ISO 14001 and EMAS.
The six phases of the standard are:
Commitment and establishing the baseline.
Identifying and ensuring compliance with legal and other requirements.
Developing objectives, targets and programmes.
Implementation and operation of the environmental management system.

Checking, audit and review.
Environmental management system acknowledgment.
Quality Management Systems

BS EN ISO 9000 Series
ISO 9000 and 9004 contain guidelines (including terminology and definitions). ISO
9001 specifies auditable requirements for a quality management system.
Total Quality Management (TQM)

Unlike ISO 9001, TQM is not a standard; rather, the basic ideas are common to many
standards.
It is defined as:
Total: involves everyone and everything.
Quality: the focus/obsession.
Management: quality can and should be managed effectively.
Health and Safety Management Systems

In relation to safety management systems, one of the most readily available sources
of advice is the HSE publication Managing for Health and Safety, which is more
commonly known by its HSE code of HSG65.
HSG65
The constituent parts of this are:
Plan – This involves determining the policy and plan for implementation.
Do – Organisations should assess risks, organise, implement measures and train,
instruct and supervise.
Check – Measurement of health and safety performance.
Act – Review of health and safety performance, learning from negative outcomes
and taking action from monitoring.
OHSAS 18001
Occupational Health and Safety Assessment Series 18001 provides a recognisable
management standard for certification. It is based on ISO 14001 and HSG65.
Arguments For and Against Integration

Arguments For Integration
An IMS offers the prospect of more rewarding career opportunities for specialists
in each discipline.
The objectives and processes of management systems are essentially the same.
Integration should lead to the avoidance of duplication; e.g. in personnel, meetings.
Integration should reduce the possibility of resolving problems at the expense of
creating new difficulties in other disciplines.
Arguments Against Integration

Existing systems may work well already.
Relevant specialists may continue to concentrate on the area of their core expertise
and further specialist training may not be needed.
Uncertainties regarding key terms would be exacerbated in an IMS.
System requirements may vary across topics covered.
Health, safety and environmental performance are underpinned by statute law,
but quality management system requirements are largely determined by customer
specification.
The Steps in Implementing an EMS

The steps required to implement an EMS to the ISO 14001 standard are as follows.
Preparatory Review
The environmental review may cover the following environmental procedures and
controls:
The identification of legal requirements and industry ‘best practices’.
The identification of environmental aspects and the evaluation of significant
impacts and liabilities.
The examination of existing environmental management practices and procedures.
The assessment of previous incidents, complaints and non-conformances.
Environmental Policy
An environmental policy should be formulated, establishing a strategic goal and sense
of direction for the organisation.
Planning
The plan can be broken down into a number of elements:
Assessment of environmental aspects and their associated impacts on the
environment.
Determination of any relevant legal and other requirements.
Determination of objectives and targets and management programmes,
consistent with the policy.
Implementation and Operation

This will involve the following stages:
Establishment of an organised management structure, including the
appointment of a specific management representative.
Management should ‘ensure the availability of’ sufficient resources.
Training including the identification of training needs and the undertaking of
training. Common forms of training include induction training and task-related
training.
A system of communication should be developed.
The EMS must be documented.
Operations associated with the identified significant aspects must be controlled.
This can be attained by the implementation of procedures.
Consideration and control of the environmental aspects and impacts which may
occur from emergency incidents.
Checking and Management Review

This will involve the following:
Operational activities must be monitored and measured on a regular basis.
Audit programmes and procedures should be established and maintained.
A management review of the EMS should be undertaken.
Involving the Stakeholders

Internal stakeholder participation can facilitate implementation of environmental
projects as employees ‘take ownership’ of EMS processes.
Participation by all types of stakeholders can add credibility, transparency and value
to your EMS.
Different stakeholders bring useful perspectives to identifying environmental
issues.
Involving internal stakeholders, such as equipment operators, can help gain their
acceptance and reduce their opposition to changes in work practices.
Sometimes being an environmental leader can gain customer recognition and
loyalty, and involving customers in your EMS helps them recognise your leadership.
Aspect and Impact Evaluation

An environmental aspect is defined as any element of an organisation’s activities,
products or services that can interact with the environment.
An environmental impact is defined as any change to the environment, whether
adverse or beneficial, wholly or partially resulting from an organisation’s environmental
aspects.
The identification process involves three steps:
Step 1: Select an activity, product or service.
Step 2: Identify environmental aspects and impacts of the activity, product or
service.
Step 3: Evaluate significance of impacts.
Establishing Objectives and Targets for Environmental

Management Performance
It is important that objectives and targets are written within the framework of the
policy.
There is an important distinction between objectives and targets.
Objectives are derived directly from the environmental policy and summarise the
overall aim of environmental performance.
In comparison, targets are detailed performance requirements, usually quantified over
defined timescales.
Environmental Management Programmes describe how improvements are to be
achieved and are usually set for each objective.
Development of Environmental Policy Statements

The policy should be influenced by the findings of the environmental review and
should be agreed after this has taken place.
ISO 14001 gives guidance on the principles on which the environmental policy should
be based, e.g. it must include a legal compliance commitment.
Using EMS to Drive Continuous Improvement

Continual improvement is the process of enhancing the environmental management
system to achieve improvements in overall environmental performance in line with the
organisation’s environmental policy.
An organisation must be able to demonstrate some improvement in environmental
performance.
Supply Chain Management

Often, organisations applying environmental supply chain management (ESCM)
impose certain requirements to bring suppliers in line with the organisation’s standards
of environmental management.
In general, ESCM requirements address one or more of the following elements:
Energy efficiency.
Material and resource management, efficiency and control.
Safe and clean production.
Distribution and logistics.
ESCM is a technique that is mainly applied by governmental and industrial
organisations.
Potential areas of business value include:
Hazardous materials that are included in components obtained from upstream
suppliers may affect a company.
Reduction in energy and material use.
Decreased occupational health and safety risks.
Business Benefits of EMS

These include:
Increased profitability and competitiveness can result from good environmental
management.
Good environmental management within a company can improve the morale and
commitment of the workforce.
Customers may have indicated that they require ISO 14001 registration.
Are shareholders concerned about your environmental management practices?
The local community may have raised concerns about your environmental
practices.
Development, Monitoring and Maintenance of Emergency Plans

The Need for Emergency Preparedness Within an Organisation
Emergency planning is a requirement of an EMS.
It is also a necessity under certain legislation (e.g. the Environmental Permitting
(England and Wales) Regulations 2010).
Emergency conditions may arise from a variety of different circumstances.
Natural Events
Natural events such as high winds, storms or excessive rainfall can cause emergency
conditions to arise at a factory, e.g.
Winds may cause wind-blown dust.
Rain can cause flooding or prevent discharges flowing away easily.
Storm sewers may overflow.
Spillages and Containment Failure

Spillages can be caused by a variety of circumstances, e.g.
Road traffic accidents.
Failure of pipes, hoses or other equipment.
An analysis of the risks should be carried out.
Disposal of Fire Water

Fire water has the potential to be contaminated with a cocktail of combustion
products, chemicals and possibly fire-fighting foams, all of which can do harm to
surface waters or sewage systems.
Polluting a watercourse or the sewage system may be an offence, even if there was an
emergency situation prevailing.
It is therefore preferable to consider the disposal of fire water prior to the emergency
situation.
Solutions include sacrificial areas, retention tanks and containment bunds.
Emergency Contacts
As part of any emergency plan, there needs to be emergency contact numbers for the
Environment Agency, and the sewerage undertaker.
An emergency plan should be developed that identifies controls of specific hazards
or incidents, so that minimum disruption to normal work activities will occur and the
good name of the company will not be damaged.
It is important that emergency plans are monitored for ongoing effectiveness.
On-Site and Off-Site Emergency Planning

Preparation of Emergency Plans
The two emergency plans - on-site and off-site - should be complementary.
The on-site plan should include details of the arrangements in place to assist with an
emergency off-site.
On-Site Emergency Plan

Information that should be included in an internal (on-site) emergency plan:
The names or positions of persons authorised to set emergency procedures in
motion, and the person in charge of and co-ordinating the on-site mitigatory
action.
A description of the action which should be taken to control foreseeable
conditions or events and to limit their consequences.
The arrangements for limiting the risks to persons on site.
Arrangements for providing early warning of the incident to the local authority
responsible.
Arrangements for training staff in the emergency duties.
Arrangements for providing assistance with off-site mitigatory action.
Off-Site Emergency Plan

Information that should be included in an external (off-site) emergency plan:
The names or positions of persons authorised to set emergency procedures in
motion and to take charge of and co-ordinate off-site action.
Arrangements for receiving early warning of incidents, and alert and call-out
procedures.
Arrangements for co-ordinating resources necessary to implement the off-site
emergency plan.
Arrangements for providing assistance with on-site mitigatory action.
Arrangements for off-site mitigatory action.
Legal Requirements
If a company is covered by the COMAH Regulations (it must store a certain quantity
of a material) then it must:
Prepare a major accident prevention policy (MAPP) document.
Prepare a safety management system document.
Provide documented evidence to the HSE or HSE NI that it has taken precautions
to prevent major accidents.
If a company operates a site where the quantities of dangerous substances exceed the
higher thresholds in the COMAH Regulations, then it must:
Prepare an on-site emergency plan.
A formal structured accident management plan should be in place for organisations
which require an installation permit under the Environmental Permitting
Regulations covering:
Identification of the hazards.
Assessment of the risks.
Identification of the techniques necessary to reduce the risks.
The Environmental Damage (Prevention and Remediation) (England) Regulations
2015 (as amended) apply liability for certain environmental incidents.
Environmental damage must have been caused by the operator of an economic activity
to be covered by the Regulations.
For activities that are listed in Schedule 2 of the Regulations there is liability for damage
with the need not to show any fault.
Liability also exists where an operator has caused damage to SSSIs or EU habitats or
species where there has been fault or negligence.
Damage is classed as:
damage to water;
contamination of land (if there is a serious risk to health); and
damage to natural habitats and species and sites that are protected.
The Regulations only apply to damage after the 2009 version of the Regulations came
into force.
Responsibility is placed on operators to:
prevent damage (or further damage) from occurring; and
inform the relevant authority that damage has occurred.
The regulatory responsibilities under the Regulations are split between a number of
bodies, each having authority for different types of environmental damage:
Environment Agency/Natural Resources Wales.
Marine Management Organisation.
Natural England.
Local Authorities.
Civil Contingencies Act 2004

This Act provides a framework for civil protection in the UK. It has two parts:
Part 1 focuses on local arrangements for civil protection.
Part 2 focuses on emergency powers.
Category 1 responders are those organisations at the core of emergency response
(e.g. emergency services, local authorities).
Category 2 organisations are ‘co-operating bodies’ who, while less likely to be
involved in the heart of planning work, will be heavily involved in incidents that affect
their sector (e.g. the HSE).
Practising Emergency Plans

Emergency plans prepared to meet the requirements of COMAH should be tested at
least once every three years.
Types of exercises include:
Drills.
Seminar exercises.
Walk-through exercises.
Desktop exercises.
Live exercises.
1. (a) Outline the possible environmental information that could be included in a
manufacturing organisation induction training programme. (12)
(b) Explain actions that could be taken to increase the chances of adherence to
the organisation’s environmental procedures by employees. (8)
2. Explain the meaning of the ISO 14001:2004 term ‘significant environmental
aspects’ and explain how they may be identified. Use pertinent examples to
illustrate your answer. (20)
3. An organisation has decided to integrate its environmental and health and safety
management systems. Describe the benefits and drawbacks of this process. (20)
4. Objectives and targets must be developed as part of an ISO 14001:2004
environmental management system. Providing relevant examples:
(a) explain how objectives and targets differ; (8)
(b) explain how an organisation could proceed in developing appropriate
objectives and targets; (6)
(c) describe what actions could be implemented when a target is unlikely to be
met within a specified time-frame. (6)
5. Describe the key features of the Eco-Management and Audit Scheme (EMAS).
(20)
Model Answers
Question 1
Interpretation
Part (a) is quite an open question which requires a short description of all of the
relevant issues. The answer should be relevant to a manufacturing organisation.
Part (b) takes a little more thought. The key words and phrases are ‘explain’,
‘employees’, ‘chances of adherence’ and ‘environmental procedures’. You need to try
to explain how adherence to procedures can be achieved.
Plan
(a) Policy, significant aspects and impacts, legal issues, benefits, procedures, action
from not following procedures, responsibilities, certification.
(b) Senior management commitment, communication, procedures which are clear
and easy to understand, culture, events, campaigns, financial incentives and
disciplinary action.
Suggested Answer
(a) Such issues that might be relevant for induction training include the company’s
environmental policy statement; important environmental issues that affect
the business; significant environmental aspects and impacts that occur from
various parts of the business; specific legal requirements; benefits that accrue
from good environmental management practices; the company’s procedures
for environmental protection; actions that may result from not following
procedures (e.g. disciplinary actions); responsibilities; environmental management
certifications such as the Eco-Management and Audit Scheme (EMAS) or ISO
14001, etc.
(b) Relevant points may include demonstrating commitment at the top level and
managers and directors leading by example. Procedures must also be effectively
communicated to relevant persons and should be clear and easy to understand.
Having a culture where environmental issues are seen as being important and
promoting involvement through various types of events and campaigns is also
relevant. Financial incentives might be implemented. The use of disciplinary
sanctions or other mechanisms of action to ensure compliance will also be
relevant.
Question 2
Interpretation
Although this is a 20-mark question there are really two parts to it. The first is to
explain the phrase ‘significant environmental aspects’ and the second is to explain how
significant environmental aspects may be identified.
Plan
Change in environment, control and influence, examples, abnormal, emergency,
environmental concerns, business concerns, risk assessment process (screening, above
threshold significant), LCA, EIA.
Suggested Answer
Significant environmental aspects are those activities, products or services that may
cause a change in the environment. These aspects must be ones that an organisation
can either control (such as on-site activities - emissions from processes, energy and
water consumption) or those that it can influence (such as energy supply and product
use). Examples include products, by-products, inputs to activities (energy, water, raw
materials) and outputs from activities (waste, effluent, noise, vibration). Abnormal
activities (such as those that happen on an infrequent basis - e.g. filling of bulk storage
tank with oil) and emergency scenarios (e.g. fire, spillage) should also be considered.
When assessing significant aspects both environmental and business concerns should
be considered. Environmental concerns relate to actual environmental damage, e.g.
the scale and frequency of the impact, and business concerns relate to the implications
for the company, e.g. legal exposure, deterioration in public image, the concerns of
stakeholders or impacts on process efficiency.
Typically a risk assessment process is used to identify significance. This involves
identifying both the likelihood of environmental aspects and the potential
consequences. Initially, this may involve screening aspects using a ranking system based
on business and environmental concerns (as mentioned previously). The ones that are
above a certain threshold score will be classed as significant.
LCA is also a method of assessing the impacts of the whole life cycle of a product (in
addition to environmental impact assessment, which is used to determine significant
impacts from developments at the planning phase).
Question 3
Interpretation
This is a relatively open question. Although it is unlikely that you will want to describe
an equal number of benefits and drawbacks, in order to gain marks it would be
advisable to provide at least a few examples of both. Do not solely describe cost
savings that could accrue from integrating health and safety and environmental
systems.
Plan
Benefits - cost-saving, avoiding duplication, operational control procedures,
minimisation of conflicts, emergency response, decision-making - time reduction,
training, audits and other systems.
Drawbacks - complex documents, lack of ownership, harder to change, slower to
respond, conflicts of interest, difficult to identify information.
Suggested Answer
Benefits include cost savings through reduced administration of the system, e.g.
control of documents. Avoidance of duplication of information in areas where the
two disciplines overlap should also be considered, e.g. this is relevant to hazardous
substances with regards to assessing risks and providing appropriate storage. Having
operational control procedures that cover the requirements of both disciplines
would also be beneficial as it would reduce paperwork. Control systems could also
be designed to take into account and minimise conflicts between the two issues, e.g.
design of a ventilation system that takes pollutants from an activity to the outside
atmosphere. Emergency response requirements for environmental and health and
safety issues can also be similar so it would make sense to have one emergency plan
rather than separate ones for the two disciplines. Other benefits would include
reduction in decision-making time. Training could also be integrated with awareness
and auditor training being undertaken once rather than twice (once for each
discipline). Audits could also be combined which would save time and expense and
result in a reduction of the amount of audits when compared to a company possessing
two separate systems. If the integrated system was successful there would be the
potential for integration with other systems, e.g. quality and investors in people.
Drawbacks may include more complicated documentation systems due to the increase
in the number and type of documents. Those working under the system could also
experience a lack of a sense of ownership. Additionally there may be some concern
with regards to the complexity of external certification. It is likely that the system
would increase in size and could become harder to change and slower to respond to
pressure to change. There may also be a conflict of interest in roles with managers in
the organisation. It may be more difficult for regulators (e.g. the Environment Agency)
and other interested parties to identify parts of the system that are relevant.
Question 4
Interpretation
This question should be answered in the context of an environmental management
system developed to the ISO 14001:2004 standard. It must also be based on objectives
and targets and should be interspersed with examples.
Part (a) is relatively straightforward to interpret - it requires an explanation of
differences (not similarities) between objectives and targets. So having a good
knowledge of objectives and targets and comparing differences between the two
would be useful.
For part (b) an explanation of the key stages of setting of objectives and targets is
required, as indicated by the word ‘proceed’. The third part requires a description of
what could be done if the target will not be met within the specific time-frame.
Plan
(a) Objectives - long term, linked to policy, examples, targets - requirements of

performance, SMART.
(b) Environmental review/policy, present performance, measures, target setting.
(c) Data review, corrective measures, project effect changes, target revision.
Suggested Answer
(a) Objectives are longer-term goals that are directly linked to commitments in the
company’s environmental policy (which is in turn based on the issues that are
highlighted in the aspects and impacts analysis). Every significant environmental
impact should have an objective. This might include the provision of awareness
training to all staff. Linked to objectives are targets. Targets are measurable
requirements of performance such as achievement of 80% training of employees
by the end of the year. Targets should be SMART (specific, measurable,
achievable, realistic and time-bound).
(b) The objectives should reflect the information that is discovered in the
environmental review and the requirements of the environmental policy.
Following this, information should be gathered on the company’s present
environmental performance. The next stage would be to identify the measures
that are needed to improve performance and quantify the effects of the required
improvements (e.g. possibly using key performance indicators). The last stage
would be setting targets to ensure that objectives are to be achieved within the
resources and economic constraints of the organisation.
(c) If targets are not likely to be met the organisation could consider:
Checking and reviewing performance data associated with the target to
highlight trends or weaknesses.
Determination of other measures to ensure that performance is improved
(corrective actions).
Project into the future the results of the change implemented to ensure that
the likely level of performance is in compliance with the target.
Decide whether to rewrite the target to increase the timeframe or decrease
the level of improvement in performance.
Question 5
Interpretation
A relatively simple question to interpret. A description of the key parts and
requirements of the EMAS is required. Although very similar to ISO 14001, your
answer should ensure that the requirements of EMAS are quoted.
Plan
Date, EU Regulation, all organisations, voluntary, initial review, policy, planning,
implementation, checking and corrective action, audit cycle, management review,
certification, environmental statement, independent validation.
Suggested Answer
The Eco-Management and Audit Scheme was established by an EU Regulation aimed
at businesses of all types improving their environmental performance. EMAS is a
voluntary scheme being open to both private and public sector organisations within
the EU.
The key requirements of the standard are (from policy to review these meet the
requirements of ISO 14001:2004):
Initial environmental review has to be produced.
Environmental policy with provisions for compliance with environmental law
and commitments to prevention of pollution and continual environmental
improvement.
Planning covering elements identified in the review.
Implementation that includes involvement of employees and compliance by
contractors and suppliers.
An audit cycle of at least three years covering environmental performance forms
part of checking and corrective action.
Management review (taking into account various sources of information such as
results of audits).
Certification as part of an approved accreditation scheme.
A publicly available environmental statement must be produced in line with the
requirements in Annex III of the EMAS Regulation.
The statement must be independently validated.
Element 4: Monitoring,
Review and Audit
Performance Indicators
Environmental Management Performance
Indicators
Each company will develop its own environmental
performance indicators (EPIs), which may include:
Energy.
Waste.
Raw materials.
Effluent.
The key feature with all of the performance indicators is that they are measurable.
The EU Accounts Modernisation Directive introduces requirements for companies
to include a balanced and comprehensive analysis of the development and
performance of the business in their Directors’ Report.
Incidents
Business may accrue fines and costs as a result of regulatory actions.
These can be associated with EPIs, which will ensure that financial information is
reported to stakeholders.
Emissions
Performance indicators often reported include emissions of greenhouse gases, acid rain
and smog precursors such as sulphur dioxide (SO2), nitrous oxides (NOx), ammonia
(NH3) and carbon monoxide (CO).
Waste
Wastes produced by an organisation can be measured relatively easily (e.g. estimating
the number and weight of wastes that leave a site for disposal or treatment).
Water
Common indicators used for discharges to water include discharges of nutrients,
organic substances and metals.
Energy
A significant indirect impact from energy use is global warming.
Emissions of greenhouse gases can be determined by contacting the relevant electricity
supplier or using a standard factor for UK electricity.
Transport and Travel

EPIs used for travel and transport could include:
Vehicle miles per average weekday.
Number of journeys undertaken by sustainable modes (cycling, walking and public
transport).
Carbon Dioxide and Carbon (Measurement Conversion)

Many organisations report on the emissions of greenhouse gases (GHGs).
GHG measurement may be directly at source by monitoring or the amounts emitted
can be estimated by using activity data (e.g. fuel consumption) and conversion factors.
Monitoring Techniques
Active and Reactive Monitoring
Active means ‘before it happens’, while reactive means ‘after it has happened’.
Active Monitoring Measures

The objective of active monitoring is to check that the environmental plans have been
implemented and to monitor the extent of compliance with:
The organisation’s systems and procedures (check that practice reflects the written
procedures).
Legislation and technical standards.
Measurement techniques include:
Environmental audits.
Workplace inspections.
Performance can be measured by assessing how well the stated standards are being
achieved, e.g. the level of accident rates, numbers of environmental failures identified
on inspection.
This measurement should be set against the ‘levels of acceptability’ built into the
standard.
Inspections are the least formal activities out of all the environmental improvement
tools.
Inspections are scheduled checks on premises, activities or equipment carried out by
personnel within that organisation.
Use of Environmental Inspections

To be effective, inspections should be planned according to a published schedule and
have the full support of senior management.
Checklists are used to facilitate the inspection.
Role within a Monitoring Regime

Systematic active monitoring will be based on the nature and severity of the risks.
High-risk situations will require a greater depth and frequency of monitoring than
situations of lower risk.
There are a variety of means of doing this, including:
Workplace inspections.
Performance review.
Environmental audits.
Reactive Monitoring Measures

The objective of reactive monitoring is to analyse data relating to accidents or other
loss-causing events.
Active monitoring is obviously preferable rather than waiting for an event to happen
to highlight any shortcomings in the systems.
Accident recording has some value, but it is of limited use in relation to assessing future
risk.
There are problems with under-reporting of minor accidents.
Reactive monitoring data:
Incidents
The likelihood of an incident can be minimised by effective planning through the
development of site pollution incident response planning.
An effective pollution incident response system relies on: effective pre-planning
(e.g. use of drip trays, bunds, etc.); identification of contact numbers; definition of
personnel responsible; and appropriate training.
Near-Misses
These are defined as an incident that could have resulted in an accident.
An effective near-miss reporting system will include both mandatory and voluntary
reporting.
Root cause investigation should be undertaken on all near-misses.
Emissions
Greenhouse gas emissions may be determined by using conversion factors or direct
monitoring.
Metal discharges to water can be determined by using emissions estimation
methods.
Waste
Processes that produce large and variable amounts of waste can often benefit from
improved process control.
Under the Duty of Care a system should be in place.
Water and Energy
Water and energy consumption can be monitored by viewing and recording
energy/water consumption from bills and recording meter readings on a regular
basis.
Complaints and suggestions are likely to be a good indication of the adequacy of
environmental measures.
Complaints from interested parties such as members of the public living in housing
surrounding a site should be recorded.
Any indication by an enforcement officer that standards of the existing arrangements
are deficient must be taken seriously.
In the case of the issuing of notices, action is required immediately (or within a defined
timeframe).
Workplace Inspections
Role of Inspections
Inspections all comprise the same three basic elements:
An assessment of the standards of the workplace against the specified
performance standards and risks.
The identification and reporting of any deficiencies.
The identification of causes and of action to be taken to remedy the problem.
Factors Governing Frequency and Type of Inspection

The frequency of the inspections will be determined by the nature of the risks and the
importance of the measures required to ensure their control.
There is a range of inspection regimes designed to ensure the effectiveness of control
systems, e.g.:
Routine inspections.
Maintenance inspections.
Environmental surveys.
Competence of Inspector
The person responsible for conducting the inspection must be competent to carry out
all the necessary checks and draw the correct conclusions.
This will involve reporting problems in the appropriate form to the appropriate person,
and may involve identifying causes and remedial action.
Use of Checklists
In order to ensure a consistent and comprehensive approach to checking all the
environmental elements, a checklist or inspection form will be developed.
Checklists should also be structured to provide a coherent approach to the inspection
process.
Allocation of Responsibilities and Priorities for Action

The various persons involved in inspections could be:
Individual employees.
Supervisors.
Environmental officers.
Management.
The purpose of inspection is to identify remedial action to be taken in respect of
deficiencies.
This needs to be based on an assessment of the causes of the problem - immediate
and underlying.
Priority should be given to remedying any immediate causes of risk.
The Requirements for Effective Report Writing

A good report should aim to:
Get the message through to the reader.
Make the message and arguments clear and easy to understand.
Make the arguments and conclusions persuasive.
Style
This means the tone of language you use to address the reader. There are the
following points to consider:
Clear.
Concise.
Correct.
Courteous.
Complete.
Consistent.
Convincing.
Structure
Typical components of a workplace report:
Title and Author.
Abstract or Short Summary.
Introduction.
Main Body of Report.
Conclusions.
Recommendations.
References.
Appendices.
Emphasis
Visual text devices for adding emphasis:
Italics or underlining.
Boldface.
All-capital letters.
Punctuation marks may also be used:
Some punctuation marks prompt the reader to give a word or sentence more than
usual emphasis.
Choice and arrangement of words tells readers directly that what follows is important
by using such words and phrases as especially, particularly, crucially, most importantly,
and above all.
Persuasiveness
Features of a good argument include:
Evidence consisting of facts, opinions (ordinary and expert), and material things, is
absolutely essential when building an argument.
Arguments are built using as much observable evidence as possible.
Assumptions about probable relationships, quantities or results are made and
stated when needed to carry the reasoning further.
Auditing
Scope and Purpose of Auditing Environmental Management Systems
An environmental audit can be defined as a:
“systematic, independent and documented process for obtaining audit evidence
and evaluating it objectively to determine the extent to which the audit criteria are
fulfilled”.
The purpose of an environmental audit may include the following:
Determination of the extent of conformity of the auditee’s management system,
or parts of it, with audit criteria.
Evaluation of the capability of the management system to ensure compliance with
statutory, regulatory and contractual requirements.
The audit scope describes the extent and boundaries of the audit.
The audit criteria are used as a reference against which conformity is determined and
may include applicable policies, procedures, standards, etc.
Distinction Between Audits and Inspections

Monitoring is principally a line management role, undertaken to ensure compliance
with the organisation’s adopted standards and procedures.
Auditing is a more fundamental examination undertaken by people outside the
line management structure, challenging whether the standards and procedures are
appropriate, as well as their application.
Pre-Audit Preparations
Prior to the on-site audit, the auditee’s documentation should be reviewed. The
audit team members or individual auditor will then prepare work documents such as
checklists, sampling plans and forms.
Information Gathering
When on the site, an opening meeting should be held with the auditee’s management
or, where appropriate, those responsible for the functions or processes to be audited.
Information relevant to the audit should be collected by appropriate sampling and
should be verified.
The auditor or audit team should determine prior to the closing meeting the
conclusions of the audit.
Following the meeting, a report should be produced.
Notifications
A company’s management should in most cases be aware of the date of the audit as
soon as possible, enabling them to adjust and become used to the concept.
Interviews
The auditor should consider the following:
Interviews should be held with persons from appropriate levels and functions,
performing activities or tasks within the scope of the audit.
Interviews should be conducted during the normal working hours.
Put the person being interviewed at ease during the interview.
Responsibility for Audits

The responsibility for managing an audit programme should be assigned to one or
more individuals with a general understanding of:
Audit principles.
The competence of auditors.
The application of audit techniques.
Advantages and Disadvantages of External and Internal, In-House and

Proprietary Environmental Audit Systems
With any scheme, cost and benefits have to be taken into account. Common
problems include:
Systems which are too general in approach. These may need considerable work to
make them fit the needs and risks of the organisation.
Systems which are too cumbersome for the size and culture of the organisation.
Scoring systems may conceal problems in underlying detail.
Organisations may design their management systems to gain maximum points
rather than using one which suits the needs and hazard profile of the business.
The Range of Environmental Audit Applications

There are several different types of environmental audit, e.g.:
Corporate Audit.
Compliance Audit.
Environmental Due Diligence Review.
Site Audit - Environmental Management Audit.
Activity Audit.
Single-Issue Audit.
Audit Against Document or Management System Standard.
Procedures Audit.
Exam-Style Question
1. (a) Identify the reasons why environmental audits are undertaken. (4)
(b) Describe the issues that could be covered by an environmental audit. (16)
Model Answer
Question 1
Interpretation
Part (a) asks for a brief description of the reasons to undertake an environmental audit.
Clearly, just a single aim would not be sufficient.
Part (b) asks for a description of the issues that could be covered in an environmental
audit. This can apply to any type of environmental audit not just internal audits (the
type that most candidates are likely to have most experience of undertaking). A good
range of issues is required and an in-depth explanation of just the basic requirements
of EMS and internal audits will not gain marks.
Plan
(a) Variety, legal compliance, EMS - policies and procedures, risk control systems and
procedures, generate awareness of EMS, costs.
(b) Impacts (e.g. waste, air, water), energy efficiency, nuisance, and management
controls.
Suggested Answer
(a) Environmental audits can be undertaken for a variety of issues such as
determining environmental liabilities (due diligence), legal compliance, etc.
This is dependent on the reason why the audit is being undertaken in the first
place. However, the aims and objectives of most audits are to determine the
level of compliance with legal and other requirements, company policies and
management system standards (ISO 14001). The efficiency and effectiveness of
risk control systems and procedures could also be considered. This might involve
determining where such procedures are missing or where current procedures
need amending. Audits will also generate awareness of the environmental
management system to senior management and employees. From a financial
point of view they also may identify cost savings or areas where resources could
be used in a more effective way.
(b) As for issues that could be addressed by an audit there is a very wide range but
these might include:
Waste management and waste minimisation.
Water and effluent management.
Controls for emissions to air.
Energy efficiency of plant.
Nuisance issues (noise, light, odour, etc.).
Management controls including requirements of ISO 14001 (e.g. aspects and
impacts identification and evaluation, training, documentation, emergency
preparedness and response).
Element 5: Developments in
Environmental Legislation
Development of Environmental Law
in The UK
Development of Prescriptive Legislation in
Response to Environmental Problems
Specific reference to industrial air emissions was made in the:
Alkali Act 1863 and Alkali, etc. Works Regulation Act 1906.
Clean Air Acts

Smog (a combination of fog and smoke) was a major problem in the UK in the 1950s.
As a result of the impacts of smog, the Clean Air Acts of 1956 and 1968 were
produced, which prohibited the release of smoke, grit and dust under certain
circumstances.
Control of Pollution Act 1974

The Deposit of Poisonous Waste Act 1972 was drafted in a few days following the
discovery of fly-tipping of poisonous waste near a school playground.
It was quickly followed by a more considered and general piece of legislation - the
Control of Pollution Act 1974 which addressed all aspects of pollution including
waste intended for landfill.
Development of ‘Framework’ Acts

Environmental law is now becoming concentrated into a smaller number of Acts.
Framework Acts are the opposite of the prescriptive Acts:
They set out a broad framework for action rather than imposing a detailed set of
rules.
All the principal modern Acts (primary legislation) are set out in this form.
The detail is to be found in secondary legislation (e.g. Regulations or
Commencement Orders) set within the broad framework.
The definitions are broad, often needing clarification by the Courts.
Examples of UK framework primary legislation include:

The Environmental Protection Act 1990.
The Water Resources Act 1991.
The Water Industry Act 1991.
The Climate Change Act 2008.
The relationship between these Framework Acts and some of their secondary
legislation is as follows.
The Environmental Protection Act 1990

The EPA 1990 contains the main bulk of provisions on air pollution from stationary
sources, waste management and disposal, litter, noise, and the statutory control of
environmental nuisances.
Since the Act’s introduction the following Regulations have been made from it:
The Contaminated Land (England) Regulations 2006.
The Hazardous Waste (England and Wales) Regulations 2005.
The Water Resources Act 1991

When originally enacted, the WRA regulated discharges to controlled waters, namely:
Rivers.
Estuaries.
Coastal waters.
Lakes.
Groundwater.
While much of the WRA is still in force, many sections of the Act have been replaced
by the Environmental Permitting Regulations 2010.
An aim of the Act is to ensure that the polluter pays the cost of the consequences of
their discharges.
Many Regulations and Orders have been made from the Water Resources Act 1991,
e.g. the Control of Pollution (Oil Storage) Regulations 2001.
The Water Industry Act 1991

The Water Industry Act is wide-ranging legislation which controls many aspects of the
water industry.
Of particular importance is that it allows the control of trade effluent discharges to
sewers.
The Climate Change Act 2008

The Climate Change Act sets various high-level commitments to combat climate
change such as greenhouse gas emission reduction targets, carbon budgets and
mandatory greenhouse gas reporting.
Development of Environmental Taxation

Market-based instruments are financial measures designed to improve environmental
performance. Examples include the Landfill Tax (a tax on waste disposed of in landfill
sites) and the Aggregates Levy (designed to pay for the environmental costs associated
with quarrying).
Effects of International Agreements and Treaties on UK

Environmental Law
International environmental law is the body of rules derived both from international
agreements and customary international law to which sovereign states have expressly
or impliedly (via state practice) consented.
Other sources of international environmental law are:
General legal principles.
International case law.
The written analysis and comments of eminent academics and judges.
Examples of international conventions and protocols on the environment include:
MARPOL Convention.
Montreal Protocol on Substances that Deplete the Ozone Layer.
Geneva Protocol.
Kyoto Protocol.
The Role of the European Union in Influencing UK Law and its

Direct Impact on Organisations and People
The EU seeks to:
Break down economic and commercial barriers between member states.
Harmonise environmental protection measures across the EU.
Its current environmental policy is contained in the 7th Environment Action
Programme, ‘Living well, within the limits of our planet’, which will guide
environmental action until 2020.
The EU has historically implemented its environmental policy by setting Directives on

specified issues, allowing considerable variation in legislation across different member
states. It is increasingly now using Regulations when passing new environmental
legislation – these are directly applicable law in every member state.
EU policy is now the greatest single driver for the development of environmental
legislation in the UK. Within the framework of EU membership, the UK may set or
influence environmental law as follows:
Provide input and debate to influence the European Commission’s programmes
and the detailed content of draft Directives and Regulations.
Set unique UK environmental law to implement the requirements of Directives.
Enact unique UK environmental law that does not contradict any EU law and which
the European Commission does not regard as a barrier to trade.
Creation of UK Acts and Regulations

The Environmental Legislative Framework
Acts of Parliament
Consultative and policy documents:
Green Papers
A Green Paper is a statement of government intent.
White Papers
A White Paper is a statement of government policy presented to Parliament
indicating the broad lines of the legislation the Government intends to introduce.
Both Green and White Papers can be the starting point in the legislative process.
An Act of Parliament must normally be passed by both Houses of Parliament and
receive the Royal Assent.
At this stage it is called a Bill.
The Bill, on its passage through the Commons or Lords, is subject to the following
procedures:
First Reading.
Second Reading.
Committee Stage.
Report Stage.
Third Reading.
Having survived these stages, the Bill is then passed to the other House, where it passes
through a similar procedure.
Regulations
These are generally prepared by the Secretary of State, under the authority delegated
to him by Parliament.
There is little parliamentary scrutiny of the content of secondary legislation as the
regulations are merely placed before Parliament for a limited period.
Examples of Other Types of Delegated Legislation

Regulatory Reform Orders.
Commencement Orders.
The Purpose, Role and Status of Approved Codes of Practice,

Environment Agency, Scottish Executive Guidance and General
Guidance Material
Approved Codes of Practice (ACoPs)
Contravention of the advice in a code of practice is admissible in evidence to prove
a breach of the statutory provisions as set out in HSWA itself and the associated
regulations.
Official Guidance
Guidance does not have legal force, in the way in which primary and secondary
legislation does, but is important in guiding regulatory decision-making.
Relationship of Acts, Regulations, ACoPs and Guidance

Acts such as the Environmental Protection Act 1990 are enabling Acts, i.e. they
prescribe general duties only.
The detail is provided by the Regulations. However, while they tell you what you have
to do, they do not tell you how to do it.
The detail of this is sometimes provided by Approved Codes of Practice. These set
out exactly how the requirements of the Regulations may be complied with.
Guidance materials from the Environment Agency, Natural Resources Wales, SEPA,
the Scottish Executive and DEFRA provide a source of advice on effective measures to
meet the requirements.
Arrangements for Implementing EC Directives in UK Law

Influence of the European Union on UK Law
The UK legislation governing membership of the EU is the European Communities
Act 1972.
This provides that the UK will be bound by all the provisions of the treaties governing
the Common Market and the rules made under them, without the need for any
further legislation.
Legal Standing in Member States of EC Directives and Regulations

European law instruments include:
Treaties - directly applicable to member states.
Regulations - apply directly.
Directives - objectives binding but method of achieving left open.
Principle of Precedence
A judicial precedent is a previous decision of a Superior Court, which acts as an
authority (precedent) and binds a lower court when considering a later case which
deals with the same or a similar legal point.
Precedents can be binding or persuasive.
Only reported cases can be relied on and used as precedents.
Exam-Style Question
1. Describe the process for the production of the following types of law in the
United Kingdom:
(a) Act of Parliament. (16)
(b) Regulations. (4)
Model Answer
Question 1
Interpretation
A detailed description of both types of law is required for this question. Most emphasis
should be placed on part (a) as there are 16 marks available. There are only four marks
for part (b).
Plan
(a) Consultation, green and white papers, Bill, first reading, second reading,
committee stage, report stage, third reading, other house, royal assent.
(b) Consultation, green and white papers, Bill, first reading, second reading,
committee stage, report stage, third reading, other house, royal assent.
Suggested Answer
(a) Both Green and White Papers can be the starting point in the legislative process
for the passage of a Bill through Parliament. A Green Paper is a statement of
government intent. Its contents are of a consultative nature and its objective is
to seek opinion and feedback on proposals rather than to announce firm policy.
A White Paper is a statement of government policy presented to Parliament
indicating the broad lines of the legislation the Government intends to introduce.
Acts of Parliament must normally be passed by both Houses of Parliament and
receive the Royal Assent. During its passage through the House(s) and until
it receives the Royal Assent, the embryo legislation is called a Bill. Bills may be
introduced in the Commons or the Lords. The Bill, on its passage through the
House, is subject to the following procedures:
First Reading
This is purely a formal affair, where the Bill’s short title is read by the Clerk of
the House. The Bill at this stage is a brief document recording the title of the
Bill and the names of the members presenting and supporting it. There is no
debate at this stage. An order is made for the Bill to be printed and the date
set for the next reading.
Second Reading
This stage involves discussion of the Bill’s principles. If it fails at this stage it
cannot proceed any further.
(Continued)
Committee Stage
There are three types of Committee:
–– Public Bill Committee of a small number of MPs (16 - 50 members).
–– Select Committee (made up on the basis of political parties).
–– Committee of the Whole House.
Finance Bills are always referred to a Committee of the Whole House. The
Committee Stage is the stage at which the Bill is subject to very close scrutiny.
Amendments are allowed at this stage of the proceedings.
Report Stage
The Report Stage is a formality if the Bill has not been amended at the
Committee Stage and can move directly to the Third Reading. If it has been
amended at the Committee Stage, the Report Stage may refer it back to a
Standing or Select Committee of MPs for further refinement.
Third Reading
This last stage is also more or less a formality if the Bill has survived this far.
If voted on favourably at this stage it has successfully passed through the
Commons procedure.
Having survived these stages, the Bill is then passed to the other House, where it
passes through a similar procedure. If successful it then receives Royal Assent.
(b) Regulations are generally prepared by the Secretary of State under the authority
delegated to him by Parliament. Power is given to the appropriate government
minister, depending on the subject matter of the regulations.
There is little parliamentary scrutiny of the content of secondary legislation, as
the regulations are merely placed before Parliament for a limited period. The
public may comment on secondary legislation proposals where these are issued as
consultation papers by the government.
Secondary legislation is frequently used to provide greater detail with regard to
the general definitions contained in primary legislation and to provide data on the
regulatory standards that are crucial to the setting of individual licences.
Legislative Framework and
Methods of Enforcement
Statutory Obligations
The Pollution Prevention and Control Act
1999 (PPC Act)
The PPC Act allowed regulations to be made implementing the European Council
adopted Directive 96/61 on Integrated Pollution Prevention and Control (the IPPC
Directive). In its latest version it is now known as Directive 2010/75/EU on industrial
emissions (integrated pollution prevention and control).
The PPC Act introduced the concept of ‘Best Available Techniques’ (BAT) to ALL
installations.
The Environmental Permitting (England and Wales) Regulations 2010

These Regulations apply to regulated facilities, which are:
Installations.
Mobile plant.
Waste operations.
Radioactive substances activities.
Water discharge activities.
Groundwater activities.
A small waste incineration plant (England only).
A solvent emission activity (England only).
An environmental permit is required to operate any of the above regulated facilities.
Development and Application of Pollution Prevention and

Control (PPC)
The Pollution Prevention and Control (PPC) Regulations originally implemented
the IPPC Directive in England and Wales.
These have now been replaced by the Environmental Permitting (England and
Wales) Regulations 2010 which now implement the requirements of the Industrial
Emissions Directive.
The Industrial Emissions Directive is implemented in other parts of the UK under

the:
Pollution Prevention and Control (Scotland) Regulations 2012.
Pollution Prevention and Control (Industrial Emissions) Regulations
(Northern Ireland) 2013.
The main aim of the original Directive was to achieve “integrated pollution prevention
and control” from a wide range of installations.
Relationship between PPC and Other Regulations

The Industrial Emissions Directive seeks to regulate almost all of the environmental
impact of the operation of an installation, e.g.
Contaminated land.
Energy efficiency.
Noise, vibration and raw materials consumption.
Accident prevention.
Environmental Impact Assessment (EIA).
Waste.
Structure and Application of Regulations to Implement PPC

Installation regulated facility requirements under the Environmental Permitting
Regulations cover a wide range of processes, including:
Energy industries.
Production of metals.
Chemicals manufacture.
Recovery processes, e.g. waste oils and incinerators.
Tanneries, etc.
Enforcement Under EP
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.
In Wales, responsibilities are split between Natural Resources Wales and the
Local Authorities.
There is consultation depending on technical expertise between the two groups of
regulators.
In Scotland, where IPPC permits still apply, the Scottish Environment Protection
Agency is the sole regulator.
In Northern Ireland, where IPPC permits still apply, separate arrangements have
been made by the Northern Ireland Environment Agency.
The following enforcement options are available to the regulators:
Enforcement notices.
Suspension of permits.
Application to Surrender a Permit

If an operator ceases or intends to cease operating an installation, an application for
surrender must be made to the regulator.
Transition from EPA to PPC

Part 1 of EPA 1990 has now been completely replaced by the EP Regulations 2010.
BAT
PPC introduced the concept of Best Available Techniques (BAT) to environmental
regulations. Operators of these industrial activities must use BAT to control pollution
from their installations.
Powers of Inspectors, Different Types of Enforcement Action

Roles of the Agencies
The Environment Agency (EA)
Pollution control responsibilities of the EA include:
Licences and permits for emissions discharges and disposal to air, land and water,
etc.
Waste management licensing such as the registration of carriers and regulation and
enforcement of the import and export of waste.
Regulation of contaminated land ‘special sites’ in addition to those contaminated
by radioactive materials.
Scottish Environment Protection Agency (SEPA)

SEPA has a responsibility to regulate all installations identified as being controlled by
the Pollution Prevention and Control (Scotland) Regulations 2012. SEPA also has
responsibilities for:
Regulating discharges to water, and for protecting and making improvements to
water environments.
Waste management activities (e.g. incinerators).
Dealing with contaminated land that has been designated as a ‘special site’.
Use and disposal of radioactive materials and wastes.
Northern Ireland Environment Agency (NIEA)

The overall aims of the NIEA are to:
“protect and conserve the natural and built environment and to promote
appreciation for the benefit of present and future generations”.
Part A and B processes are regulated by the NIEA.
Natural Resources Wales

Natural Resources Wales is the key environmental regulator for Wales. It was formed
in 2013 and took over the former regulatory and other responsibilities in Wales of the
Environment Agency, the Forestry Commission and the Countryside Council for Wales.
Its key environmental regulatory responsibilities within the scope of the NEBOSH
syllabus are essentially the same as those of the Environment Agency.
Enforcement of Environmental Law

Offences
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.
Making a statement which is known to be false or misleading.
Intentionally making a false entry in any record required to be kept under Section
7 of the Act.
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.
The Environmental Permitting (England and Wales) Regulations 2010 cover
discharges to surface water. In Scotland, there are similar provisions under the Water
Environment (Controlled Activities) (Scotland) Regulations 2011.
Under Section 118 of the Water Industry Act 1991, it is an offence to discharge trade
effluent into a sewer without consent.
The Act does not specify who should prosecute in such cases; as a result either the
Environment Agency/Natural Resources Wales or the sewage undertaker could
prosecute, depending on circumstances.
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.
Procedures for Appeal Against Decisions of Inspectors and Enforcing

Authorities
There is a right of appeal in many separate pieces of legislation: e.g. an applicant may
appeal if the responsible authority fails to determine an application for various licences,
permits, etc. within a set time.
Options for Enforcement Action

Prosecution - Summary, Indictable and Hybrid Offences
Environmental law is statutory. It is a criminal offence to break environmental
law.
Environmental cases are ‘hybrid’; they may be tried by a Magistrates’ or a Crown
Court.
The latter situation arises in more serious ‘indictable’ offences.
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.
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
–– Compliance notices.
–– Restoration notices.
–– Variable Monetary Penalties (VMPs).
–– Enforcement undertakings.
–– Third-Party Undertakings (TPUs).
–– Fixed Monetary Penalties (FMPs).
–– Stop notices.
Maximum Penalties on Conviction
The penalties for most environmental offences may involve a fine, imprisonment, or
both.
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.
Penalties in Crown Court
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.
There are many examples of fines and prison terms being imposed on companies for
environmental offences. The EA website is updated regularly with such information
and several Journals also report on the issue.
Under the Pollution Prevention and Control Act 1999, summary conviction for
operating without a permit, contravening a permit or failing to carry out remedial
work may lead to unlimited fines and six months in prison. Conviction on indictment
can result in an unlimited fine and/or up to five years in prison, the severity of the
sentence depending on the offence.
Under the Water Resources Act 1991, the maximum penalties which can be imposed
in a Magistrates’ Court are an unlimited fine and six months’ imprisonment. However,
on conviction in a Crown Court, an unlimited fine or two years’ imprisonment can be
imposed.
Enforcement Authorities
Authorities Empowered to Enforce Environmental Legislation
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.
Division of Responsibilities between Enforcing Authorities

Local Authorities
Those in England and Wales have responsibility for regulating Part B installations
and the District Councils in Northern Ireland have responsibility for regulating
Part C processes. Local authority Environmental Health Departments also have
responsibilities for regulating contaminated land and statutory nuisances.
Water Companies
These have responsibility to supply and regulate consents to discharge to the foul
sewer system.
Powers of Enforcing Authorities and their Inspectors

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.
1. Identify and illustrate the adverse effects that can arise from non-compliance
with environmental legislation. (20)
2. (a) Identify the permits, licences and notifications required for the proposed
development of hazardous liquid waste treatment plant. (10)
(b) Outline the environmental issues that should be considered when
determining a suitable location for the plant. (10)
3. (a) Explain the actions that the Environment Agency may take for
non-compliance with an Environmental Permit issued under the
Environmental Permitting (England and Wales) Regulations 2010. (15)
(b) Explain the process that an organisation must follow should they want to
surrender a permit issued under these regulations. (5)
4. (a) Outline what is meant by the term ‘civil sanction’. (2)

(b) (i) Identify SIX types of civil sanctions. (6)
(ii) Explain the operation of FOUR civil sanctions identified in (b)(i). (12)
Model Answers
Question 1
Interpretation
This question requires careful reading in order to produce an answer to gain the full
allocation of marks. There are two key action verbs in this question; ‘identify’ requires
selection and naming and ‘illustrate’ requires examples to highlight the scale of the
consequences, e.g. scale of fines, level of damage to reputation. The answer to the
question is therefore a combination of the two for each relevant issue.
Plan
Criminal prosecutions (enforcing authority, private); fines; prison; notices; orders
requiring remediation; clean-up costs; loss of value, property, land or business; civil law;
public image; insurance.
Suggested Answer
Adverse effects arising from:
Criminal prosecutions by enforcing authorities.
Criminal prosecutions from private prosecutions.
Fines that may occur for serious breaches of the law (may be unlimited).
Prison sentences for Directors and Senior Managers (up to two years’
imprisonment if the case is heard in a Crown Court).
Serving of notices (suspension, revocation and enforcement).
Orders requiring work to be completed (may impinge on production activities and
cost can be claimed from the company).
Clean-up costs for remediating environmental damage (can run into millions of
pounds for serious damage).
Loss of value of property, land and business.
Civil prosecutions (claims for damages and injunctions on actions that cause
pollution).
Poor public image with effects on stakeholders such as regulators and customers,
neighbours (affects sales, future planning permissions, future relationships with
regulators).
Insurance issues (no coverage for environmental damage unless sudden and not
foreseeable, increase in premiums when covered for an incident).
Question 2
Interpretation
For part (a) of this question a short description of the legally required notifications,
licences or permits that must be gained by the site is required. This is not to be
confused with other more general regulatory requirements that may be needed (e.g.
waste consignment notes). They must also be relevant to the treatment of hazardous
waste.
Part (b) is quite an open question that does not require an in-depth knowledge of
hazardous waste treatment but of the potential environmental issues that should be
considered in choosing a site. To achieve maximum marks you should consider the
likely impacts of any activities that may occur on the site.
Plan
(a) Environmental permit, COMAH, planning permission, EIA, discharge consent,

hazardous waste notification.
(b) Proximity to generators, proximity to designated sites, ground and surface water,
plants/animals on or near site, transport networks, contaminated land, treatment
works capacity, local residents, flooding, land stability, planning zones.
Suggested Answer
(a) A wide range of legal requirements may apply to the site. The site will need to
obtain an environmental permit under the Environmental Permitting Regulations
2010. The permit is required to treat and dispose of hazardous waste. The
Control of Major Accident Hazards Regulations 2015 may also apply if the
quantities of hazardous substances stored at the site exceed the threshold levels
that are stated in the Regulations. Planning permission for the site must also be
gained under the Town and Country Planning Act 1990. The site is also likely
to need an environmental impact assessment, which requires an environmental
statement to be prepared under the Town and Country Planning (Environmental
Impact Assessment) Regulations 2011 as part of the planning application. The
site must also gain consent to discharge trade effluent to the foul sewer under the
Water Industry Act 1991 (it is an offence to discharge trade effluent without one).
The company will need to notify the Environment Agency or Natural Resources
Wales if it stores more than 500 kg of hazardous waste on the site under the
Hazardous Waste Regulations 2005.
(b) There are a wide range of environmental issues that should be considered when
selecting a suitable site for the new facility. These include:
Proximity to those who generate the waste that is being treated by the facility.
Proximity to designated sites such as SSSIs and SACs.
Location of a sensitivity of groundwater and surface water to potential
pollution occurring at the site.
Protected plants and animals present on or near to the proposed site such as
great crested newts, bats, etc.
Accessibility to transport networks and impact upon them from increased
traffic to and from the proposed site.
Presence of land contamination that may require remediating.
Capacity of the sewage treatment works to which the trade effluent will be
discharged.
Facilities available locally for the disposal of solid waste that could occur from
the activities proposed at the site.
Presence of local residents that could be affected by noise, odour, etc.
originating from the site.
If the site is located in an area that is at risk of flooding.
Stability and form of the land.
Land use zoning in local plans that may constrain development of industrial
facilities.
Greenfield site that has not been constructed on before.
Question 3
Interpretation
A two-part question with part (a) requiring a clear account of the options that the
Environment Agency has for enforcement of an environmental permit.
Part (b) requires an account of the process that is followed upon surrender of a permit.
Plan
(a) Notices may be served, enforcement notice and content, suspension notice,
revocation notice, pollution remediation, cost recovery, prosecution.
(b) Application, site report, fee, notice no conditions, notice conditions.
Suggested Answer
(a) The Environment Agency (EA) may serve notices in cases of non-compliance
with a permit. The EA could serve an enforcement notice which would state
the potential contravention, the remedial steps to be taken and the timescale
for compliance. The process does not become an offence until the time limit is
exceeded and the tasks have not been undertaken. Suspension notices can also
be issued, but there must be a serious risk of pollution or actual pollution must
occur. A revocation notice cannot come into effect until at least 28 days after the
notice is issued and specifies action to be taken to ensure the site is returned to
a satisfactory state. The EA may also remedy the pollution and recover cost from
the operator. The EA also has powers to directly prosecute operators if there is a
breach of permit conditions or if they fail to comply with an issued notice.
(b) The operator of a permitted process must apply to the regulator (EA) if they wish
to surrender a permit. A site report forms part of the application and includes a
description of any environmental impacts in comparison to the state of the site
when the permit was granted. A fee is also payable. The EA have three months to
determine the report. If they are satisfied with the state of the site then they will
issue a notice that allows surrender of the permit. If they are not satisfied then the
notice will identify the steps that are required to return the site to its condition at
the granting of the permit.
Question 4
Interpretation
A two-part question. A short description of civil sanctions is required for part (a). Part
(b)(i) requires that the names of six civil sanctions are identified. For part (b)(ii) the
operation of four civil sanctions should be identified with each sanction explanation
worth three marks.
Plan
(a) Identified statutory instrument, availability, criminal offence, not in public interest.
(b) (i) This is an ‘identify’ question so no plan is required.
(ii) Four from:
–– Compliance notice – written, time period, continue.

–– Restoration notice – restore harm, as before.
–– Variable monetary penalty – monetary, serious, financial benefit,
deterrence.
–– Enforcement undertaking – voluntary, take steps, regulator
acceptance, not allowed.
–– Third party undertaking – receives notice, benefits third party.
–– Fixed monetary penalty – low level, minor offence, stand alone.
–– Stop notice – prohibition, serious harm, specified steps.
Suggested Answer
(a) A civil sanction can only be used where it is identified in a statutory instrument
that a civil sanction is available for a particular criminal offence. Both the
Environment Agency and Natural England have powers to issue civil sanctions.
Civil sanctions vary but often provide innovative ways in which an organisation
which has committed a criminal environmental offence can be sanctioned when
it is not in the public interest for the regulator to pursue a criminal conviction.
(b) (i) Any six from the following:
Compliance notices.
Restoration notices.
Variable Monetary Penalties (VMPs).
Enforcement undertakings.
Third-Party Undertakings (TPUs).
Fixed Monetary Penalties (FMPs).
Stop notices.

(b) (ii) Any four from:

Compliance Notice - this is a written notice that is issued by the
regulator to ensure that a person takes steps within a specified time
period to ensure that an offence will not continue or happen again.
Restoration Notice - this is a notice issued by the regulator requiring
an individual to take steps to restore harm that has been caused by
non-compliance such that the position is restored to what it would have
been (or as close as possible) if the offence had not taken place.
Variable Monetary Penalties (VMPs) are monetary penalties that
can be used by regulators for cases of more serious non-compliance
where the regulators decide that a prosecution is not in the interest of
the public. VMPs are used in cases where any financial benefit that has
accrued from non-compliance is removed, and to deter future non-
compliance.
Enforcement Undertakings are voluntary agreements made by a
person to take steps that would make amends for non-compliance
and its impacts. It is the regulator’s decision whether to accept such an
agreement in a particular case. A prosecution or other civil sanction is
not allowed to be imposed if the regulator accepts it and the agreed
undertaking is carried out.
Third-Party Undertakings (TPUs) may be offered when a person
receives a notice of intent to impose a compliance notice, restoration
notice or VMP. A TPU involves taking action that benefits a third party
who has been affected by the offence.
Fixed Monetary Penalties (FMPs) are relatively low-level fixed
penalties that the regulator can impose for specific minor offences.
An FMP is a stand-alone sanction that cannot be used with any other
sanction.
A Stop Notice is another form of written notice that prohibits a person
from undertaking an activity that is causing (or is likely to cause) serious
harm. It also prohibits situations that present (or are likely to present) a
significant risk of causing serious harm until the person has undertaken
specified steps stated in the notice to remove the risk of serious harm,
or to return to full compliance with the law.


Element 7: Public Access to

Environmental Information
Information Available to The Public
Legal Requirements Affecting Provision of
Information to The Public
The Freedom of Information Act 2000 gives the public a right of access to all types
of recorded information held by public authorities, but with a wide range of specified
exemptions. The equivalent provision in Scotland is the Freedom of Information
(Scotland) Act 2002.
Legal Provisions Affecting Access by the Public to Environmental

Information
As well as the general rights given by the Freedom of Information Acts there
are specific legal provisions that give the public rights of access to environmental
information (with certain exemptions).
These provisions flow from the international UNECE Aarhus Convention on Access
to Information, Public Participation in Decision-Making and Access to Justice in
Environmental Matters 1998, to which the EU and UK are both signatories.
This convention has been ratified in the EU by the Public Access to Environmental
Information Directive 2003/4/EC and in the UK by the Environmental
Information Regulations 2004 (the Scottish equivalent is the Environmental
Information (Scotland) Regulations 2004).
Public authorities have a duty to make environmental information available to any
person who requests it. They are also required to provide advice and assistance.
‘Environmental Information’ includes any measure or activity likely to affect, or
affecting the environment, measures designed to protect the environment, emissions,
discharges and other releases, cost-benefit and economic analyses and the state of
human health and safety.
Development and Scope of Public Registers

The necessity for the information to be provided to the public authorities and for the
public authorities to provide information is written into several statutes.
This includes Part 5 of the Environmental Permitting Regulations 2010 which
stipulates that copies of all permit applications be put on a public register.
Applicants may request that certain information be excluded on the grounds of
commercial confidentiality.

There are also public registers of:

Consented discharges of trade effluent.
Actions to be taken in the case of an accident at a COMAH site.
Works in relation to contaminated land.
Environment and Safety Information Act 1988

This Act requires safety and environmental authorities (e.g. Fire Authorities, the
Environment Agency, the HSE and Local Authorities) to set up public registers of the
enforcement notices they serve on factories, shops and other premises where public
hazards or breaches of safety or environmental laws have happened.
Development of the Chemical Release Inventory

Among the requirements of the EP Regulations is that of public reporting.
All permits contain a condition requiring operators of processes to provide annual
reports to the Environment Agency/Natural Resources Wales of releases of specified
substances.
This replaces the Chemical Release Inventory which was established under the former
HMIP.
Reporting to the Pollution Inventory

Companies can provide information to the Pollution Inventory electronically or by
completion of a set of forms.
Activities of Non-Governmental Organisations

Role
NGOs urge state authorities to fulfil their role in upholding the law and are keen
to work in co-operation with local authorities and others to find solutions to
environmental problems. Examples include:
Friends of the Earth.
Greenpeace.
Royal Society for the Protection of Birds (RSPB).
National Trust.
Environmental Protection UK.
Professional Bodies
The aim of the Institute of Environmental Management and Assessment (IEMA) is to
promote sustainability by high quality environmental practice and performance and it
offers ongoing assistance to environmental professionals.
The Media
The mass media (including the Internet) have a major influence on how organisations
and individuals perceive, interpret and act on environmental concerns.
Presentation of Information on Environmental Management

Performance
Corporate Environmental, Sustainability and Social Responsibility
Reporting
It is now very rare to find reports that only cover environmental issues - Corporate
Social Responsibility Reporting (CSR) has become the norm.
There is a wide recognition that reporting should cover the three main strands of
environmental, social and economic sustainability.
There is also a consensus emerging on good reporting practice. Standards have now
been developed to guide reporting organisations, notably the international Global
Reporting Initiative.
CSR reporting remains largely a voluntary activity, but is now expected from large
organisations, especially companies listed on international stock-markets.
Organisations report on environmental and other corporate social responsibility
information in response to a range of drivers:
Legal.
Financial.
Voluntary standards.
Media, NGOs and the general public.
UK Progress
Although CER is not mandatory in the UK, the Pension Fund Regulations were
amended in 2000 to require disclosure of whether social, ethical and environmental
issues were considered in investment decisions.
The Companies Act 2006 has altered the narrative reporting requirements for
organisations.
The Companies Act 2006 (Strategic Report and Directors’ Reports) Regulations
2013 from September 2013 have introduced mandatory greenhouse gas reporting for
UK companies that are quoted on the main market of the London Stock Exchange.

Corporate Governance - ‘Strategic Risk Appraisal’

Reporting requirements, including the reporting of risk, have been raised higher
on company board agendas through the publication of the Report of the Turnbull
Committee on Corporate Governance, in 1999.
The Relationship Between Risk Management and Corporate Governance

“Risk Management has traditionally focused on hazards which place assets (human,
physical, financial, intellectual, etc.) at risk. It has focused particularly on risk
reduction and the financing of residual risk.”
(Source: 1992 Report of the Committee of Sponsoring Organisations (COSO) in the USA)
Corporate governance focuses on any risk which might prevent an organisation
achieving its objectives.
Producing and Presenting Meaningful Information

There are three main stages to ensuring that this occurs and a report is produced to a
high standard:
Secure management commitment.
Develop a reporting team.
Define your reporting objectives and scope.
GRI Guide G4, Sustainability Reporting Guidelines, specifies requirements for
sustainability reports. It consists of two main parts:
Part 1: Reporting principles and guidelines (covering the quality and content of
reports).
Part 2: Standard disclosures (covering direct management approach or indicators
of material sustainability aspects).
According to the Guide, the quality of a report is based on the following issues:
Balance.
Comparability.
Accuracy.
Timeliness.
Clarity.
Reliability.

Benchmarking and the Use of Indicators

Benchmarking is a term used in industry for internal and external comparative
assessment and is becoming increasingly popular as an environmental management
tool.
Benchmarking can serve several objectives, including:
Assess significance.
Identify areas for improvement.
Justify performance.
Set performance targets.
Identification of Key Stakeholders and Developing Relationships

There are five key steps in identifying stakeholders:
Build management commitment.
Determine scope and set up a review team.
Review current engagement methods and success/failures.
Record results - the results of the interviews should be documented.
Group stakeholders and issues.
Environmental Labelling
Labels may cover issues such as:
Protection of natural resources, biodiversity and habitats.
Minimisation of energy and water used in manufacturing.
Restrictions on chemicals; emissions to air, water and soil; reduction of energy and
water consumption in use.
Policies on packaging, noise, waste management and recycling.
Many labelling schemes focus on a symbol, to highlight a product or service as
complying with the scheme’s high environmental standards (e.g. the European
Ecolabel).
Other schemes may be useful for consumers, who may want to make comparisons
when purchasing products. The UK’s Fuel Economy Label, for example, appears on all
new cars at the point of sale.

The EU Energy efficiency label must be displayed on new household electrical

products such as dishwashers, washing machines and refrigerators. The label identifies:
Details of the appliance.
Energy class.
Consumption, efficiency and capacity.
Noise levels.
The Forest Stewardship Council (FSC) scheme comprises of Chain of Custody and
Forest Management components.
The ISO 14024, ISO 14021 and ISO 14025 standards have identified a classification
system for environmental product claims and labels, determined from the type of
claim.

1. (a) Describe the advantages of non-governmental organisations in
environmental protection. (10)
(b) Describe the limitations of non-governmental organisations in
environmental protection. (10)
2. (a) Identify FOUR drivers as to why organisations produce publically available

corporate environmental reports. (4)
(b) Outline the information that should be provided in an annual
environmental performance report. (16)

Model Answers
Question 1
Interpretation
A good understanding of what NGOs are and what they do is key to this question.
NGOs are organisations that have no links to governments, e.g. Greenpeace,
Friends of the Earth, Royal Society for the Protection of Birds. Regulators such as
the Environment Agency, SEPA, Natural Resources Wales, Local Authorities, Natural
England, etc. are not classed as NGOs. To gain full marks it is clear that a description of
the advantages and limitations of the role of NGOs must be provided.
Plan
Advantages - independence, public acceptance, past experiences, grass roots
support, good experience of practical environmental management, innovative,
flexible, cost-effective solutions.
Limitations - poor managerial experience, lack of understanding of issues, lack
of long-term financial stability, less effective internal communication and co-
ordination, answerable to funding bodies, interventions limited in scale.
Suggested Answer
(a) Advantages of the role of NGOs in protecting the environment include the fact
that they are totally independent of government influence and control and as a
result are likely to have a greater level of public confidence and trust. Some are
also international organisations (e.g. Greenpeace) and therefore have experience
of practices in other areas of the world. In comparison to governments they can
more easily confront polluters and highlight unacceptable practices. They also
tend to have good grass roots support and can promote participatory approaches
to managing the environment. Many also have excellent experience in practical
environmental management and field-based issues. NGOs can also be more
innovative and flexible in their approach in comparison to governments. They
may provide more cost-effective solutions since they often have limited finance
and rely on raising money through charitable activities.
(b) Limitations of the role of NGOs in protecting the environment might include
the fact that smaller NGOs (they can exist at a local level as well as international)
can be restricted by limited levels of managerial experience and a lack of
understanding of issues faced by large organisations. Since such organisations rely
on charitable donations they may also be less financially stable in the long term,
making effective planning difficult. There can also be a tendency for less effective
communication and co-ordination within the organisation. They may also be
answerable to funding bodies which can lead to conflicts of principles. Smaller
NGOs may also provide interventions that are limited in scale and relevant only
to a limited local area.

Question 2
Interpretation
Part (a) is reasonably straightforward - you need to identify four relevant factors in
order to gain maximum marks.
Part (b) requires a brief description of what should be provided in a report, i.e. the
issues that an organisation might want to report. This is quite an open question. One
approach may be to imagine reading a report - what would you expect to find from
beginning to end? For example, a description of responsibilities is likely to be the first
item you would encounter.
Plan
(a) Government pressure, EMAS statement, NGO pressure, corporate governance
and supply chain pressure, legal requirement.
(b) Statement about responsibilities, scope, set targets, achievement of targets,
sustainable development, supply chain impacts, product use, product disposal, air,
water, land, waste, resource use, recycling levels, fines, prosecutions, expenditure,
awards, benchmarking.
Suggested Answer
(a) Drivers for corporate environmental reports include government pressure for
disclosure. The Eco-Management and Audit Scheme (EMAS) also requires
that organisations produce an environmental statement. NGOs and other
environmental pressure groups can also cause companies to produce such
reports. Corporate governance requiring transparency and supply chain pressure
may also be another driver. Some organisations may use such reports to promote
a good environmental image and in some countries it is actually a mandatory
requirement under law (e.g. Denmark).
(b) An annual environmental performance report might include a statement
regarding the organisation’s environmental responsibilities and identification
of the scope of the company’s activities to which the report applies. It will also
set targets for the forthcoming year in addition to reporting on performance
against targets in the previous report. It may also highlight the company’s
approach to achieving sustainable development (taking into account social
and economic issues as well as environmental). The report may also include
a description of how the company manages the environmental impacts of its
supply chain and product use and disposal. Compliance with an Environmental
Management System (EMS) standard such as ISO 14001 may also be identified.
Often information regarding emissions to air, water, land; waste production;
and resource use is identified. Other information provided might include
recycling levels, fines and prosecutions, expenditure on environmental issues,
environmental awards gained and benchmarking against other organisations.


Element 8: Civil Liability in

Relation to Environmental
Pollution
Duties Owed and Defences in
Common Law
A civil action generally involves individuals, a claimant suing a defendant for a remedy
or remedies. In most cases the remedy takes the form of damages, a form of financial
compensation.
Torts of Negligence, Breach of Statutory Duty, Trespass and Nuisance

A “tort” in English law is a civil wrong, a breach of civil duty imposed by law.
The equivalent in Scotland is known as a “delict” (defined as an offence of lesser
degree or a misdemeanour).
Examples of torts are defamation, nuisance and trespass.
Negligence
This is the omission to do something which a reasonable man, guided upon those
considerations which ordinarily regulate the conduct of human affairs, would do;
or to do something which a reasonable man would not do (Alderson in Blyth v.
Birmingham Waterworks (1856)).
In environmental law, waste producers have a duty of care in respect of the handling,
storage, treatment and disposal of controlled waste.
In order to sue successfully for negligence, there are three main points to establish:
That the defendant was under a duty of care to the claimant/injured party (the
injured person was the ‘neighbour’ of the defendant).
That the duty had been breached.
That as a result of the breach the claimant suffered harm, the harm suffered being
not too remote from the breach.
Breach of Statutory Duty

Apart from suing for negligence, an injured person (or their dependants) might sue
under the tort of breach of statutory duty.
A breach of a statutory duty may result in a criminal prosecution by the enforcing
authority.
If the prosecution is successful, the guilty party will receive some sort of punishment,
which is of little benefit to the injured person.

A breach by the defendant of his statutory duty may give a claimant a cause of action
in tort.
Trespass
The tort of trespass may also be used in the case of environmental damage. There
must be interference with a person’s property rights without lawful excuse. The
interference must be intentional or negligent and direct (not consequential).
An example of the tort of trespass is the Canadian case of McDonald v. Associated
Fuels Ltd (1954).
Nuisance
Nuisance falls within the law of tort, i.e. a breach of legal duty imposed by the law, or a
civil wrong.
A common law nuisance is one which, apart from statute, violates the principles
which the common law lays down for the protection of the public and of individuals in
the exercise and enjoyment of their rights.
Nuisances in common law may be private nuisances or public nuisances.
Statutory nuisance is covered in Part III of the EPA 1990.
Nuisance is not actionable unless there is proof of damage.
The Duties Owed by Organisations and Occupiers of Land

Negligence
Common law holds that individuals must take reasonable care of others and this has
been borne out over the years by a number of important cases.
One of these highlighted the importance of the “neighbour principle” and established
negligence as an independent tort. This was the famous case of Donoghue v.
Stevenson (1932).
In this case, the judge said that reasonable care must be taken to avoid acts or
omissions which, with reasonable foresight, you would know would be likely to injure
your neighbour.
This is known as the “neighbour principle”.
It is a well established principle of common law that employers must take reasonable
care to protect their employees from the risks of foreseeable injury, disease or death
at work.
General Duties
The common law duties of an employer were identified in general terms in
Wilsons and Clyde Coal Co. Ltd v. English (1938).

Current Knowledge
If an employer is aware of a health and safety risk to employees, or ought, in the
light of current knowledge at that time, to have known of the existence of a
hazard, they will be liable if an employee is injured, killed, or suffers illness as a
result of the risk, or if the employer failed to take reasonable care to avoid this
happening.
Example: Margereson and Hancock v. J.W. Roberts Ltd (1996).
Foreseeability
A defendant is generally responsible for all damage that is a direct consequence of
their act.
Remoteness
Compensation can only be obtained when it is accepted that the injury or damage
is not too remote from the original wrong.
Defences:
No duty owed.
No breach of duty.
The breach did not lead to the damage.
Lack of foreseeability.
Remoteness of damage.
Volenti non fit injuria.
Necessity.
Breach of Statutory Duty

There will be no action available if the causes of action in tort do not apply.
It is therefore important that the exact wording of the statute is taken into
consideration.
Other defences available are:
If the statutory duty is not absolute, there will be a defence if the employer
provided a safety precaution, but the claimant would not on the balance of
probabilities have made use of it.
Volenti non fit injuria.
A defence will be available if the claimant’s own wrongful acts put the employer in
breach of statutory duty.
Contributory negligence.

Trespass
This is an unjustifiable, direct and immediate interference with rights without a
reasonable excuse.
With trespass actions there is a need to prove directness. The interference with rights
must be direct rather than consequential.
Additionally, trespass must be intentional or negligent.
A causal link between the directness of an act and the inevitability of the consequences
must also be established for trespass to be successful.
Example: Esso Petroleum Company Ltd v. Southport Corporation (1956).
One of the main advantages of bringing an action in trespass is that there is no need to
prove damage; only interference must be shown.
The following defences apply to trespass by persons but could be applied to
environmental actions:
Licence.
Rights of entry.
Nuisance
The general tort defences apply to nuisance, such as volenti non fit injuria and
contributory negligence.
Prescription
A defendant may claim a right to pollute as they have been carrying out the same
action continuously for 20 years (this defence is only available in private nuisance).
Activities Authorised by a Statutory Authority
Another defence for a complaint of nuisance is to show that the activities
complained of by the complainant were authorised expressly or impliedly by
statute.
Act of God
Operation of natural forces is unexpected and resultant damage is remote from
the incident.
Act of Stranger
Nuisance is created by a stranger and the occupant has no knowledge of it or way
of gaining knowledge of the nuisance.
The Rule of ‘Rylands v. Fletcher’ Arising from Environmental Pollution

This established the principle of strict civil liability since it was not considered an
adequate defence to say that all reasonable steps had been taken to prevent the escape
occurring.

Legal Principles of Civil Action and Decided Cases

Civil Action
Damage for which Tortfeasor is Liable
Actions in tort cannot usually be made more than six years after the occurrence of the
polluting incident (Limitation Act 1980, Section 2).
A tortfeasor is a “wrongdoer” or simply a person who has committed a tort. A
tortfeasor may be liable for:
General damages.
Special damages.
Damage of Foreseeable Type

For the polluter to be liable, the damage caused must be reasonably foreseeable by the
polluter (Cambridge Water Company v. Eastern Counties Leather plc).
Date of Knowledge of Risk

Margereson and Hancock v. J. W. Roberts Ltd produced the principle of “date of
knowledge”.
In the judgment for the case, Lord Justice Russell held that the evidence demonstrated
that the defendant should have reasonably foreseen a risk of some pulmonary injury,
and that the company should have known about the risk of asbestos exposure many
years before the claimant was born.
Remoteness
Compensation can only be obtained when it is accepted that the injury or damage is
not too remote from the original wrong.
Meaning of Strict Liability and Interpretation in Recent Rulings

Strict liability means that the operator is liable for damage which occurs as a result
of his operation, whether or not he takes reasonable care to prevent the damage
occurring.
This is sometimes called no fault liability because it implies that the operator is liable
even though he did nothing wrong and acted responsibly and, therefore, was not at
fault.
“Act of God” Defence

It may be a defence to a charge of causing pollution that the cause was an “Act of
God”. To use this defence, it must be shown that the accused was merely part of the
surrounding circumstances.

Retrospective and Joint Liability

Retrospective liability means that an operator can be held liable for damage which
occurs, or is discovered, at a later date, even after he has ceased to operate on the site.
Joint liability means that the parties which were involved in the operation of a site will
be held to be liable for damage in proportion to their contribution to the events which
gave rise to the damage.
Joint and several liability means that all of the parties involved in the operation of
a process, which gives rise to damage, are all considered to be equally liable for the
whole amount of the damages claimed.
Strengths and Weaknesses of a Civil Action Founded on Negligence,

Breach of Statutory Duty, Trespass, Nuisance or ‘Rylands v. Fletcher’
For negligence, the following must be proved for a case to be successful:
That the defendant was under a duty of care to the claimant/injured party (the
injured person was the ‘neighbour’ of the defendant).
That the duty had been breached.
That as a result of the breach the claimant suffered harm, the harm suffered being
not too remote from the breach.
For breach of statutory duty compare the case against the following:
Only if the case falls within the wording of the statute can the victim sue for
compensation.
Not all statutory duties give rise to civil action. The following elements must be
proved (on a balance of probabilities):
–– The statute must place the obligation on the defendant.
–– The statutory duty was owed to that claimant (i.e. the claimant must show
that they are within the class of persons whom the statute was intended to
protect).
–– The injury was of a type contemplated by the statute.
–– The defendant must be in breach of that duty.
–– The breach of statutory duty must have caused the injury/loss.
For trespass cases remember that:
The interference with rights must be direct rather than consequential.
Trespass must be intentional or negligent.
A causal link between the directness of an act and the inevitability of the
consequences must also be established for trespass to be successful.

For nuisance cases take into account the following:

Private Nuisance
Remember that the court will consider whether the action complained of is
reasonable, taking into account the extent of the damage, the seriousness of the
harm, the nature of the area, any general benefit to the area from the defendant’s
activity, the duration of the nuisance, any abnormal sensitivity on the part of the
claimant, and whether the nuisance was malicious or in the exercise of a right.
Public Nuisance
Public nuisances have a direct effect on the public at large.
Actions in respect of such nuisances can be initiated by the Attorney General, an
individual or a local authority.
For Rylands v. Fletcher consider the following:
There has to be ‘non-natural’ use of the land, and several subsequent judgments
have slightly altered the original interpretation.
A substance must escape from the land where it is kept, e.g. an explosion in an
amunitions factory would provide no legal redress under the rule to employees.
The rule is also specific to landowners and it is generally agreed that no actions for
personal injuries from escape of substances from non-natural land use may occur.
There is also the requirement for the action to be foreseeable.
Decided Cases
Rylands v. Fletcher (1868) LR 3 HL 330
“That the person who for his own purposes brings on his lands and collects and
keeps there anything likely to do mischief if it escapes, must keep it in at his peril,
and, if he does not do so, is prima facie answerable for all the damage which is the
natural consequence of its escape.”
The rule in this case is the most often quoted example of strict liability.
Fletcher employed competent contractors to build a reservoir on his land but they
failed to inform him that they had discovered an old mine shaft during the work and
they failed to block it up. Filling of the reservoir caused water to escape onto Rylands’
land and he sued Fletcher for the resulting damage on the grounds of negligence.
Fletcher, however, had no knowledge of the mine shaft and had not therefore been
negligent. Vicarious liability could not be established, as the contractors were not
Fletcher’s employees.
When the case went to the House of Lords (now the Supreme Court) on appeal, the
original judgment by Blackham J. was upheld, i.e. that Fletcher was liable in tort.

During the appeal, the qualification was added that the rule only applied to a ‘non-
natural’ use of the land, and not to circumstances where a substance accumulated
naturally on the land. The word ‘natural’ has since been extended to mean ‘ordinary’.
Cambridge Water Co. Ltd v. Eastern Counties Leather plc (1994) All ER 53
Development of rule in Rylands v. Fletcher; liability does not apply retrospectively in
absence of foreseeability of harm.
Cambridge Water Co. Ltd v. Eastern Counties Leather plc (1994) is a very well
known case where spillage of a solvent led to gradual pollution of an aquifer.
Judge Kennedy ruled that the use and storage of solvents on the site by Eastern
Counties Leather plc was a natural use of the land and, therefore, the strict liability
imposed by the Rylands v. Fletcher ruling did not apply.
The case eventually reached the House of Lords (now the Supreme Court).
The judgment was that the case of Rylands v. Fletcher included references to the
polluter being aware and knowing that any escape of materials would actually cause
harm.
In other words, for the polluter to be liable, the damage caused must be reasonably
foreseeable by the polluter.
Hunter and Others v. Canary Wharf Limited and Hunter and Others v. London
Docklands Corporation (1997) HL
The right to bring an action in nuisance is related to ownership.
The plaintiff (claimant) made two claims arising from the construction works involved
in the Canary Wharf development.
First that the building now prevented her TV signal reception, and second that the
works had released substantial volumes of dust so as to prevent her enjoyment of her
property under the rule in Rylands v. Fletcher.
The Court of Appeal reversed the original decision of Judge Havery, holding:
that the creation or presence of a building in the line of sight between a television
transmitter and other properties is not actionable as an interference with the use
and enjoyment of land; but
that occupation of property as a home provided a sufficiently substantial link to
enable the occupier to sue in private nuisance.
Margereson and Hancock v. J. W. Roberts Ltd (1996) The Times 17.4.96
This case involved environmental exposure to asbestos.
Mr Margereson and Mrs Hancock spent their childhood in an area close to an asbestos
factory operated by the defendant company in Leeds, in the 1930s and 1940s.

Apparently, asbestos dust pervaded the area at that time, and children played in the
dust in the street and in the loading bays.
Many years later, both Mr Margereson and Mrs Hancock contracted mesothelioma,
and the company admitted that the cause was the asbestos from their factory.
Actions for negligence, nuisance and the rule of Rylands v. Fletcher were brought
against the company.
The High Court determined the case only on the grounds of negligence.
In the judgment, it was held that a duty of care was not limited to workers at the
factory, but could extend to others, such as nearby residents exposed to similar levels
of asbestos dust.
It was also part of the judgment that there was sufficient knowledge on the part of
the company of the dangers of exposure to asbestos, to have foresight of that harm to
children.
Damages of £50,000 and £65,000 were awarded.
The company appealed against the decision.
The appeal was dismissed, the judge holding that the evidence demonstrated that
the defendant should have reasonably foreseen a risk of some pulmonary injury, and
that the company should have known about the risk of asbestos exposure many years
before the claimant was born.

1. In the civil case Cambridge Water Company v. Eastern Counties Leather plc
(1994), it was found that the defendant was not liable for groundwater pollution
using the rule of Rylands v. Fletcher.
(a) Describe the rule of Rylands v. Fletcher referencing its origins, principles and
potential defences. (15)
(b) Provide comments on the ruling in the Cambridge Water Company v.
Eastern Counties Leather case that foreseeability of damage is required for
liability to be established under Rylands v. Fletcher. (5)
2. Residents living close to a chemical manufacturing facility have been complaining

about pungent odours and dusts that corrode vehicles’ bodywork.
Describe the civil legal remedies that are likely to be available to the residents.
(20)
3. Explain what the civil law torts ‘private nuisance’ and ‘public nuisance’ mean.
Provide examples of scenarios that could give rise to action under these torts,
providing reference to defences and remedies. (20)

Model Answers
Question 1
Interpretation
Part (a) requires a description of the background to the case of ‘Rylands v. Fletcher’
followed by what the judgment actually means from a civil law perspective in addition
to possible defences against an action based on the case.
Part (b) requires comment on the foreseeability under ‘Rylands v. Fletcher’. Although
an understanding of the Cambridge Water Company v. Eastern Counties Leather
plc case is required, the question does not ask for a description of it; you must apply
what the question requires from the case.
Plan
(a) Reservoir construction, leakage to mine, damage, retain things causing

mischief, escape causing damage, strict liability, non-natural, must escape,
damage to land, defences (consent, authorisation by statute, “Act of God”).
(b) Historical contamination less likely (risk not understood), source-pathway-
target, contaminated land regime.
Suggested Answer
(a) Fletcher built a reservoir on his land. Subsequently, water escaped and flooded
a mine owned by Rylands. Fletcher had committed a negligent act as he was
not aware that a mine shaft was beneath the reservoir. The courts determined
that a person who for his own purpose brings onto, collects or keeps on his land
something that may cause mischief must keep it in at his peril. If it does escape
he is liable for all the damages which occur as a result of its escape. This is a
principle of strict liability in that no fault has to be proved to establish liability.
Further cases have amended the ruling with liability now resting on a non-natural
use of the land from which an escape has occurred - it must be a special case
that has inherent danger. Consideration should also be given to the issue that
mischievous things must escape from the land (not from damage occurring
by someone coming into contact with it while it has not escaped). Any claim
resulting from the case must be for damage that has accrued from land that is
owned by another person.
Rylands v. Fletcher is an extension to tort of nuisance applying to specific cases.
The main defences under the case are that the person who owned the land
consented to the escape, the action was authorised by statute law or that the
damage was an “Act of God”.

(b) The House of Lords made a ruling that it was necessary to establish foreseeability
of damage for any case made under Rylands v. Fletcher. The result of this ruling
for claims of historical contamination where the level of knowledge at the time
of an incident was reduced, is that there would be less likelihood of the case
succeeding (unless the risks associated with the activity were particularly well
known and understood at the time). Additionally, where there is a complicated
relationship surrounding the historic escape of the dangerous thing and damage
occurs that is very remote to the receptor via an indirect pathway, a claim would
be less likely to be successful. This is because knowledge of the source-pathway-
receptor is still relatively recent and embryonic.
Additionally the contaminated land regime imposes liability (in criminal law) for
pollutants that come from the land.
Question 2
Interpretation
An open question that is designed to determine your understanding of civil law as
applied to both environmental nuisance and pollution. A good clear understanding
of civil law is therefore required. Note that the question asks for civil law remedies.
Criminal law such as the statutory nuisance provisions in the Environmental
Protection Act Part III would not be relevant in its own right (although may be applied
in the context of the tort of breach of statutory duty). The answer should be based on
the scenario described in the question.
Plan
Civil law torts, negligence, nuisance, rule in Rylands v. Fletcher and breach of statutory
duty.
Suggested Answer
Negligence - for a negligence claim to succeed the residents must establish proof of
causation and that harm has occurred. They must also identify that they were owed a
duty of care, that the duty was breached by the factory owner (he had not done all that
was reasonably practicable to prevent harm that was foreseeable) and the breach led
directly to the harm.
Nuisance - both public and private nuisance may be relevant. The residents must
demonstrate that there has been an unreasonable interference with their use and
enjoyment of the land. Whether the person in question was of an average sensitivity
would be taken into account, as would the general character of the neighbourhood.

Breach of statutory duty - under the tort of breach of statutory duty it must be shown
that a statutory breach has directly led to the damage that has been caused and that
the statute does not specify that such a civil law action is not allowed. A double-
barrelled action may occur for negligence and breach of statutory duty.
Rylands v. Fletcher - imposes a strict liability on the escape of things that cause
foreseeable harm. The thing that causes harm must not be natural.
Other considerations - injunction and court order may be sought for all of the above
to stop further harm from occurring and compensation for harm already caused may
be applied for. Compensation may be for general damages (pain, suffering, loss of
amenity) and special damages (for damage to cars and property).
Question 3
Interpretation
A good understanding of nuisance is required to answer this question well. The
answer must also be illustrated with examples of situations that give rise to nuisances.
Defences and remedies must also be provided. The question asked for explanation
of common law nuisance so an explanation of criminal law nuisance under the
Environmental Protection Act 1990 should not be provided.
Plan
Private - definition, foreseeable, examples, liability factors, defences.
Public - similarities to and differences from private.
Remedies - injunction, right to take action, damages.
Suggested Answer
Private nuisance involves an unreasonable interference with a person’s use or

enjoyment of land, or some right over or in connection with it. It must be foreseeable
that actions would be likely to give rise to a nuisance. Activities that may result in an
action under private nuisance include encroachment (e.g. landslide), physical damage
to land (e.g. migrating landfill gas causing damage to vegetation), interference with
the enjoyment of property (e.g. noise or odour). Whether a person is liable under the
private nuisance depends on factors such as duration of interference, sensitivity of the
claimant, malice or character of the neighbourhood. Defences against private nuisance
include prescription (carrying on with a nuisance for over 20 years may legalise it),
statutory authority and “Act of God”.

Public nuisance - similar to private nuisance but there is not a requirement to have
an interest in the land affected and prescription cannot be used as a defence. Public
nuisance is often used for situations such as dust that settles over a large number
of houses, noise from blasting at quarries and an offensive smell that affects a town
centre.
Remedies under nuisance include issue of an injunction. The right to take action to
stop the nuisance may also occur where notice is given to the person causing it, as long
as no unnecessary damage is caused, abatement is required and it is the action of least
cost. Damages may also be paid under nuisance.

Element 9: Solid and Liquid

Wastes
Waste Categories
The statutory definition of waste currently applied
in the UK appears in the EC Framework Directive
on Waste (75/442/EEC), as amended by
Directive 91/156/EEC.
Waste is described as:
“any substance or object which the holder discards, intends to discard, or is
required to discard”.
Principal Categories of Waste

Controlled Waste
Waste that is subject to the requirements of the EPA 1990 is known as controlled
waste.
It includes waste arising from domestic, industrial and commercial premises in addition
to hazardous waste.
The type of waste to be treated under each of these classifications is identified
in the Controlled Waste (England and Wales) Regulations 2012 and the
Controlled Waste Regulations 1992 (Scotland only).
Non-Hazardous Waste
This is waste that is not covered by the definition of hazardous waste below, including
household waste, paper, wood and other degradable waste.
Hazardous Waste
This is defined by the Hazardous Waste (England and Wales) Regulations 2005.
Special Waste (Scotland)

The Special Waste Regulations 1996 now only apply in Scotland.
Clinical Waste
This is defined in the Controlled Waste (England and Wales) Regulations 2012 as:
waste from a healthcare activity (including veterinary healthcare) and waste of a similar
nature from a non-healthcare activity.

Radioactive Waste
A radioactive substance is defined as “any substance which contains one or more
radionuclides whose activity cannot be disregarded for the purposes of radiation
protection” in the Ionising Radiations Regulations 1999.
Principal Categories of Liquid Waste Discharged to Municipal

Wastewater Treatment Plants
Trade Effluent
Wastewater from a trade process is known as ‘trade effluent’.
Since most liquid effluent from factories and manufacturing plants is discharged to the
sewerage system, the provisions of the Water Industry Act 1991, dealing with trade
effluents, are very important.
Special Category Effluent

The Trade Effluents (Prescribed Processes and Substances) Regulations 1989, as
amended, specify a number of processes and substances as ‘Special Category’.
If an application is made for consent to discharge special category effluent then the
relevant water company must refer the matter to the Environment Agency/Natural
Resources Wales.
Classification of Waste - List of Wastes

The European Waste Catalogue contains a list of hazardous and non-hazardous wastes.
It is contained within Wastes Decision 2000/532/EC.
Specific Legal Requirements Applying to Each Category of Waste

Hazardous Waste
Specific hazardous waste legal requirements are contained within the Hazardous
Waste (England and Wales) Regulations 2005, with the Special Waste Regulations
1996 (as amended) covering the requirements in Scotland.
Definition of Hazardous Waste
A waste may be hazardous if it is listed as a “hazardous waste” in the annex to the
List of Wastes Decision (2000/532/EC), often known as the European Waste
Catalogue.

Restriction of the Mixing of Wastes

It is an offence to mix hazardous wastes unless it is permitted as part of a disposal
or recovery operation.
Consignment Note Arrangements
The movement of hazardous waste requires consignment notes to be completed
whenever hazardous waste is removed from premises (which includes removal
from ships and removal by pipeline).
Returns and Records
Producers, holders, carriers, consignors and consignees are required to keep
records.
These must be kept for a minimum of three years, except in the case of carriers
where the period is 12 months.
Amendment to the Regulations
The Hazardous Waste (England and Wales) (Amendment) Regulations 2009
changed the threshold at which companies have to register with the Environment
Agency/Natural Resources Wales from 200kg to 500kg of waste produced at,
collected from or removed from premises within a year.
Occupiers of domestic premises are not subject to the requirements of the
Regulations.
Legal Requirements for Specific Types of Waste

Under the Waste (England and Wales) Regulations 2011 (as amended) various
requirements have been set for dry recyclables and waste food, e.g. waste paper, metal,
plastic or glass must be collected separately by establishments or undertakings from 1
January 2015.
Legal Requirements
Application to Waste of the Duty of Care
Part II of the Environmental Protection Act 1990 introduced a duty for all persons
involved in the generation, importation, handling, transporting and disposal of
“directive waste”.
Waste Producers
People who have waste on their premises or under their control are called waste
holders, whether they are producers, transporters or disposers of waste.
The Waste (England and Wales) Regulations 2011 define the documentation
required to exercise the duty of care.

Containment of Waste
Waste should be placed in containers which are suitable to prevent its escape
during storage, transport and up to and often including disposal.
It is necessary for producers of waste to know how their waste will be treated,
stored and transported to ensure that the containers are adequate for the purpose.
Measures should be taken to store the wastes in a secure location.
Incompatible wastes should be stored in separate, segregated locations.
Waste must be stored securely and kept in suitable labelled containers at all times.
Where practicable, wastes should be kept under cover while awaiting collection.
Written Information
Whenever waste is removed from a premises or site, written information must be
prepared.
Hazardous Waste Producer Registration

Under the Hazardous Waste Regulations 2005 any company that produces more
than 500kg of hazardous waste in a year must ensure that they register their premises
with the Environment Agency/Natural Resources Wales.
Transportation of Waste
There are specific duties on producers of waste to ensure that wastes are only
transferred to persons who are registered to accept or transport the particular types
and quantities of waste involved.
Registration of Waste Carriers, Brokers and Dealers

The Waste (England and Wales) Regulations 2011 provide for registration of waste
carriers with the Environment Agency or Natural Resources Wales in a two-tier system:
Lower tier registration.
Upper tier registration.
All persons treating, storing or disposing of waste must have a waste operation or
installation environmental permit or exemption certificate (under the Environmental
Permitting Regulations 2010).
Householders
Regulation 2 of the Waste (Household Waste Duty of Care) (England and Wales)
Regulations 2005 imposes a duty on an occupier of domestic property in respect of
the household waste produced on the property such that it is only transferred to an
authorised person.

Transfrontier Shipment of Waste

The transfrontier shipment of waste, often abbreviated to TFS, is the system of control
governing the shipment of wastes across national boundaries.
Controls are implemented by Regulation (EC) No. 1013/2006 (Waste Shipments
Regulation), enforced in the UK by the Transfrontier Shipment of Waste
Regulations 2007 (as amended).
Licensing or Authorisation Requirements for Waste Management

Operations
Storage, Treatment and Disposal
There are two types of environmental permits for waste - site licences and mobile plant
licences.
Site permits are appropriate for the deposit of waste on land, in landfill sites. Mobile
plant permits relate to the treatment or disposal of waste using mobile plant. The
permitting system is covered by the Environmental Permitting Regulations 2010.
Before permits are granted for waste operations or waste installations, the
Environment Agency/Natural Resources Wales must take numerous issues into
consideration such as:
Planning status of the site (waste installations only).
Pollution of the environment and harm to health.
Main Exemptions from Waste Operation Permitting

There are a number of exempt activities that may be carried on without a waste
operation environmental permit.
Exemptions in England and Wales are listed in Schedules 2 and 3 of the
Environmental Permitting Regulations 2010.
Exempt activities in Scotland are listed within Schedule 2 of the Waste
Management Licensing Regulations 1994, as amended in Scotland.
Exempt activities in N. Ireland are listed within Schedule 6 of the Waste Collection
and Disposal Regulations (Northern Ireland) 1992.
Polychlorinated Biphenyls (PCBs)

Under the Environmental Protection (Disposal of Polychlorinated Biphenyls
and other Dangerous Substances) (England and Wales) Regulations 2000
contaminated equipment is equipment containing 5 litres or more of PCB at a
concentration of 50ppm.
A business must not possess such equipment (although exemptions exist such as
proper authorisation to dispose of or decontaminate PCBs).

Offences for Waste Management

The main waste offences are contained in Section 33 of EPA 1990:
To deposit (directive) waste in or on land, temporarily or permanently, except in
accordance with the conditions of a current environmental permit.
To treat, keep or dispose of waste in or on land, or by means of mobile plant
except in accordance with an environmental permit.
To knowingly cause or knowingly permit any of the above activities.
To treat, keep or dispose of (directive) waste in a manner likely to cause
pollution of the environment or harm to human health (whatever the licensing
arrangements).
Under the Environmental Permitting Regulations the main offences are:
To contravene, or knowingly cause or knowingly permit the contravention of
Regulation 12 (no person may operate a regulated facility unless they have an
environmental permit).
To fail to comply with or to contravene an environmental permit condition.
To fail to comply with the requirements of an enforcement notice, a suspension
notice or a landfill closure notice.
To fail to comply with a notice requiring the provision of information, without
reasonable excuse.
To recklessly make a statement which is false or misleading in a material particular,
where the statement that is made is purported to prove compliance with the
Regulations or for obtaining the grant, transfer or surrender of a permit.
Intentionally to make a false entry in a record required to be kept under an
environmental permit condition.
With intent to deceive, to forge or use a document that is required to prove
compliance with a permit condition or to make or have in one’s possession a
document so closely resembling such a document as to be likely to deceive.
Hazardous and Non-Hazardous Landfill

The Environmental Permitting Regulations 2010 implement EU Directive
1999/31/EC.
Principal Requirements of the Directive

Landfill sites to be classified for hazardous waste, non-hazardous waste and inert
waste.

There will be a ban on the landfilling of liquid wastes (but not sludges), also wastes
which are explosive, corrosive, oxidising, flammable and highly flammable, and
clinical wastes which are infectious.
There will be an end to the practice of disposing of hazardous and non-hazardous
wastes together.
The tipping of whole tyres was banned from July 2003, and of shredded tyres from
2006.
Landfill Tax
This was introduced to impose a tax on all waste disposed of at licensed landfill sites.
Since April 2015 the landfill tax in Scotland has been collected separately by Revenue
Scotland. The enabling legislation is the Landfill Tax (Scotland) Act 2014.
Environmental Bodies Credit Scheme

This was set up to encourage landfill site operators to fund projects that benefit the
environment.
Monitoring Waste and Effluents

Sampling and Analysis of Liquid Effluents
Trade effluents and leachates often contain toxic substances as well as organic materials
or sewage.
The regulatory bodies use a system of fixed and random sampling points for testing
water and effluent samples.
Standard tests are available for most common parameters including BOD, and the use
of accredited laboratories is essential if results are to be relied upon for monitoring, or
for legal purposes.
Continuous monitoring is when measurements are taken automatically, with few if
any gaps in the data produced.
A measurement regime carried out at intervals, e.g. six months, is known as periodic
monitoring. Samples are obtained and measured elsewhere (grab sampling).
Sampling and Analysis of Solid Waste

Sampling is often used to screen waste prior to acceptance at a waste management
facility.
Adequate sampling and analysis must be carried out to characterise wastes.
In all cases the number of samples taken must be based on an assessment of the risks
of potential problems.

It must be ensured that the sample is representative of the waste and has been
gained by a technically competent person with knowledge, skill and experience of the
sampling process.
Analysis must be undertaken by a laboratory with a good quality assurance and quality
control system.
Monitoring of Leachate and Landfill Gas

Several methods are available and may be used at different times and in different
circumstances, e.g. surface monitoring, subsurface monitoring (gas probes), excavated
pits.
Monitoring Equipment
Catalytic Oxidation Detectors.
Thermal Conductivity Detectors.
Infrared Analysers.
Gas Chromatography.
Flame Ionisation Detectors.
All measurements should be made by trained operators.
Guidance on the Management of Landfill Gas

The Environment Agency guidance publication, Guidance on the Management of
Landfill Gas, provides an update to Waste Management Paper No. 27. The publication
has been prepared to provide clear and concise guidance on the management of gas
from landfill sites.
Minimising Waste and Effluents

Principles of Waste Minimisation and the Waste Hierarchy

Landfill Sites
These are still the most commonly used form of waste disposal.
Modern landfill sites are highly engineered.
Works commence with detailed engineering surveys and studies of the geology,
hydrogeology, soils, water, groundwater and many other parameters.
Potential Problems with Landfill Sites

The major potential problems concerned with landfill sites are:
Landfill gas.
Leachate.
Nuisance.
Responsibilities under the Producer Responsibility Obligations

(Packaging Waste) Regulations 2007
Obligated Businesses
The Regulations apply to businesses:
In the packaging chain.
Handling more than 50 tonnes of packaging material and/or packaging in a year.
Having an annual turnover of over £2 million.
Businesses are classed as being in the packaging chain if they:
Manufacture raw materials for packaging.
Convert raw materials into packaging.
Fill packaging (i.e. put goods or products into packaging).
Sell packaged goods to the final user.
Perform a ‘service’ provision.
Import packaging/packaging materials/packaged goods into the UK.
Packaging Materials
The weight of packaging materials handled depends on the definition of packaging
materials. The materials which must be recovered or recycled are aluminium, glass,
paper, cardboard, plastic, steel and wood.
Recovery and Recycling Targets

Recovery effectively means reprocessing to aid recycling, incineration with energy
recovery and composting.

The target for 2015 is a total of 77% recovery of obligated packaging.
Shared Responsibilities
The approach in the UK to meeting the requirements of the EU Packaging Directive
is shared by all elements in the packaging chain.
Consequently, the different percentage obligations are carried according to the activity.
Company Responsibilities
The specific requirements for companies depend on their role within the packaging
chain.
The specialist companies which arrange for the final recovery and recycling of
packaging materials (Compliance Schemes) issue materials certificates to provide
evidence of the tonnage of each material handled.
These certificates are called Packaging Recovery Notes (PRNs).
Legal Requirements
Having registered under the Regulations, companies must then provide the Agencies
or Compliance Schemes with data on the quantity of each type of packaging material
they are handling.
Compliance with the Packaging Regulations can be achieved:
by registering with a Compliance Scheme; or
by the individual route.
Activities that would need to be undertaken when taking the individual route include:
registration with the regulator;
calculation of recycling and recovery targets;
purchasing PRNs;
submission of certificate of compliance; and
providing consumers with information regarding recycling/recovery (sellers only).
The offences under these Regulations are:
Failure to register with the Agencies or be a member of a Compliance Scheme.
Failure to provide the required data.
Failure to provide a certificate of compliance.
Providing a false claim in a compliance certificate.
Providing false evidence of recovery and/or recycling.
Obstructing an Agency officer in carrying out his duties under the Regulations.
Extension of the Producer Responsibility Concept

Packaging (Essential Requirements) Regulations 2003 (as amended)
The Regulations’ requirements include keeping weight and volume to a minimum,
manufacturing packaging so as to permit reuse or recovery, and setting of heavy
metal limits for packaging.
End of Life of Vehicles Directive (2000/53/EC) and Associated UK
Regulations
These laws apply to cars and vans below a 3.5 tonne threshold. Key requirements
include:
–– Registration of vehicle producers.
–– Restriction of heavy metals used in manufacture.
–– Marking of rubber and plastic components to aid recycling.
–– Free take-back.
–– Provision of accessible networks of authorised treatment facilities.
Directive 2012/19/EU on Waste Electrical and Electronic Equipment (WEEE)
This Directive has been implemented in the UK through the Waste Electrical and
Electronic Equipment Regulations 2013.
The Regulations have a phased implementation from 1 January 2014.
They are an example of ‘Extended Producer Responsibility’ which is implemented
by a number of European Directives.
Waste Electrical and Electronic Equipment Regulations 2013
WEEE includes:
–– Large household appliances.
–– Small household appliances.
–– IT and telecommunications equipment.
–– Consumer equipment.
More categories of WEEE will be added to the Regulations in 2019.
Producers who put electrical and electronic equipment (EEE) on the market in the
UK are responsible for:
–– Financing the costs of collection.
–– Treatment.
–– Recovery.
–– Environmentally sound disposal.
The main obligation of distributors is to provide a take-back service to
householders, enabling them to return their WEEE free of charge.

The WEEE Regulations do not place obligations on consumers who use EEE
and discard EEE as waste, but they encourage consumers to play their part in the
separate collection of EEE when it is discarded as waste.
Local authorities are encouraged to register their civic amenity sites as
‘Designated Collection Facilities’ (DCFs).
Restriction of the Use of Certain Hazardous Substances in Electrical and
Electronic Equipment
Directive 2011/65/EU is implemented in the UK through the Restriction of the
Use of Certain Hazardous Substances in Electrical and Electronic Equipment
Regulations 2012.
New EEE put on the market must not contain more than the permissible maximum
concentration values of hazardous substances. (The requirements for medical
devices and monitoring and control instruments are being phased in.)
Producer Responsibility - Batteries
The Batteries and Accumulators (Placing on the Market) Regulations 2008
(as amended) partially implement Directive 2006/66/EC on batteries and
accumulators and waste batteries and accumulators (the “Batteries Directive”).
The remaining provisions of the Batteries Directive are implemented in the UK
by the Waste Batteries and Accumulators Regulations 2009 (as amended).
Control Strategies and Measures for Solid and Liquid Wastes

The Range of Engineering and Procedural Control Measures and
Strategies
Engineering and procedural control measures and strategies that can be applied to
eliminate or, where not possible, reduce or render harmless solid or liquid wastes at
source.
Procedural
Procedural controls include ensuring that waste is sorted and segregated, by hand or
machine, to ensure recycling of the resultant waste streams.
Engineering Controls to Eliminate, Treat or Render Waste Harmless at Source

Mechanical Biological Treatment (MBT)
Type 1 mechanical, then biological treatment involves:
–– Mechanical extraction.
–– Biological decomposition.
The residue produced can then be landfilled or in some cases made into refuse-
derived fuel to be burnt.

Type 2 biological, then mechanical treatment (BMT) involves:

–– Drying.
–– Sorting.
The residue produced can be used for a variety of processes.
The organic fraction can be removed for landfill cover.
The coarser fraction can be pelletised and used as a fuel in cement kilns.
Anaerobic Digestion (AD)
AD is a biological process that happens naturally when bacteria break down organic
matter in environments with little or no oxygen.
It is effectively a controlled and enclosed version of the anaerobic breakdown of
organic waste in landfill which releases methane.
AD produces a biogas made up of around 60% methane and 40% carbon dioxide.
This can be burnt to generate heat or electricity or can be used as a vehicle fuel. If
used to generate electricity the biogas needs to be scrubbed.
Industrial Wastewater Treatment
Methods of treatment must be employed to ensure that the standard of water
being returned to the surface waters is satisfactory.
Industrial waste effluents may require pre-treatment before entering the municipal
sewage systems.
Sewage Treatment Works
Sewage is a complex mixture of suspended and dissolved materials which may be
characterised by two parameters:
–– Suspended Solids (SS).
–– Biochemical Oxygen Demand (BOD).
The sewage entering a sewage treatment plant is mostly liquid, with only a very
small solid component.
Wastewater Treatment Processes at Sewage Works
The conventional wastewater treatment process can be described as consisting of
three processes:
–– Preliminary sewage treatment.
–– Secondary biological sewage treatment.
–– Tertiary treatment.
Followed by:
–– Sewage sludge treatment and disposal.

Landfill
Under the Landfill Directive all landfills must now be classified as inert, non-hazardous
or hazardous sites. All waste must be pre-treated prior to landfilling except:
Inert waste, if pre-treatment would be technically infeasible.
If that pre-treatment would not reduce the quantity of waste, or the hazard the
waste poses to the environment or human health.
Certain wastes can no longer be disposed of at landfill sites.
The requirements under the Directive are implemented through the Environmental
Permitting Process under the Environmental Permitting Regulations 2010.
Principles of Site Selection

Landfill sites are the most commonly used form of waste disposal.
Annex I to the Landfill Directive specifies the general requirements for landfills.
Location
“(1) The location of a landfill must take into consideration requirements relating
to:
(a) the distances from the boundary of the site to residential and recreation
areas, waterways, water bodies and other agricultural or urban sites;
(b) the existence of groundwater, coastal water or nature protection zones in
the area;
(c) the geological and hydrogeological conditions in the area;
(d) the risk of flooding, subsidence, landslides or avalanches on the site; and
(e) the protection of the nature or cultural patrimony in the area.”
Control of Water
Unless the landfill poses no potential hazard to the environment, in view of
its location and the kinds of waste to be accepted, the following applies (not
applicable to inert landfills):
“Appropriate measures shall be taken, with respect to the characteristics of the
landfill and the meteorological conditions, in order to:
–– control water from precipitations entering into the landfill body;
–– prevent surface water and/or groundwater from entering into the landfilled
waste;
–– collect contaminated water and leachate …;
–– treat contaminated water and leachate collected from the landfill to the
appropriate standard required for their discharge.”

In addition, the landfill must be situated and designed so as to:

–– provide the conditions for prevention of pollution of the soil, groundwater or
surface water; and
–– ensure efficient collection of leachate.
Soil, groundwater and surface water are to be protected by the use of a geological
barrier combined with:
–– a bottom liner during the operational phase of the landfill; and
–– a top liner following closure and during the after-care phase.
The thickness of barriers is specified according to the type of waste to be accepted
in the landfill.
A leachate collection and sealing system to ensure that leachate accumulation
at the base of the landfill is kept to a minimum must also be provided in any
hazardous or non-hazardous landfill.
Behaviour of Wastes
Potential problems:
Gas from Landfills
Gas evolution could continue for up to 40 years and will be a condition of the
environmental permit.
A Certificate of Completion will not be issued until the regulatory body is assured
that there is no further activity from the site.
Leachate
This is a term used for the liquid which results from groundwater permeating
through decomposing rubbish.
It is highly polluting and must be prevented from entering surface watercourses.
Nuisance
A badly managed site can produce a number of nuisances. It can also attract flies
and vermin such as rats, or seagulls.
Site Management Controls

Control of Gas
–– Appropriate measures must be taken in order to control the accumulation and
migration of landfill gas.
–– Landfill gas must be collected from all landfills receiving biodegradable waste.
The gas must be treated and, to the extent possible, used.

Control of Nuisance
Measures must be taken to minimise the nuisances arising from the landfill in
relation to:
–– Emissions of odours and dust.
–– Wind-blown materials.
–– Noise and traffic, etc.
The landfill must be equipped so that dirt originating from the site is not dispersed
onto public roads and the surrounding land.
Access Control
–– The landfill must be secured to prevent free access to the site.
–– The gates of the landfill must be locked outside operating hours.
–– The system of control and access to each facility must provide systems to
detect and discourage illegal dumping in the facility.
Waste and Effluent Treatment

The Principles of Chemical, Physical and Biological Treatment Techniques
Both solid and liquid wastes can be treated by using a variety of techniques. These can
be classified into three areas: chemical, physical and biological.
Physical Treatment
Examples include:
–– Separation.
–– Screening.
–– Sedimentation.
–– Filtration.
–– Reverse osmosis.
Chemical Treatment
Most chemical treatments apply to both liquid and solid wastes and include:
–– Neutralisation.
–– Oxidation.
–– Sedimentation.
Biological Treatment
This is often used in the treatment of sewage. There are three main types of
biological sewage treatment:
–– Percolating filter treatment.
–– Activated sludge treatment.
–– Oxidation ponds.

Incineration
The Principles of Design Technology
Advantages
Incinerators are used in a number of applications and have many advantages over
other disposal methods, e.g.
–– Reduction in volume.
–– Destruction of hazardous components.
–– Creation of an easily disposed ash.
–– Small size of plant.
Disadvantages
–– High capital cost and monitoring requirements.
–– High fuel costs on start-up.
–– Need to carefully control inputs.
Application
Incinerators are used for a variety of purposes. Applications include destruction of:
–– Domestic waste, commercial waste and certain industrial wastes.
–– Liquid industrial waste, e.g. oils and solvents.
–– Sewage sludge.
Pollutant Emission Requirements
Incineration is a process requiring a permit under the Environmental Permitting
Regulations 2010.
Behaviour of Waste
The EU Industrial Emissions Directive
The EU Directive 2010/75/EU on industrial emissions amongst other things
aims to prevent or reduce the negative effects on the environment caused by the
incineration and co-incineration of waste.
The Directive is implemented through the Environmental Permitting
Regulations 2010, which bring incineration activities covered by the Directive
within the scope of those Regulations.
Waste as a Fuel
Solid waste can be burned in purpose-designed incinerators.
It can also be compressed into pellets for incineration in modified boilers.
Waste to Energy Plants offer the advantages of disposal, but also recover energy
and leave only small amounts of residue.

1. (a) Outline the options that could be used to pre-treat non-hazardous waste
prior to disposal in landfill as is required by the Landfill Directive. (12)
(b) Describe practical measures that could be implemented in an office to
minimise waste production. (8)
2. Prepare a brief for the senior management of a computer keyboard manufacturer
on how the Waste Electrical and Electronic Equipment (WEEE) Regulations 2013
apply to the company. (20)
3. The managing director of a golf club has told ground staff to dispose of
demolition waste from the refurbishment of a clubhouse in a hollow in a field
near the golf course owned by the managing director. A neighbour has contacted
the regulator regarding the tipping. The regulator has no knowledge of the
incident.
Write a letter to the senior management team of the golf club advising them of
the potential liabilities associated with the deposit of the waste. (20)
4. Write a memo that explains the key requirements of the Hazardous Waste
Regulations 2005 and the Hazardous Waste (England and Wales) (Amendment)
Regulations 2009 to the facilities manager of an office building. The memo
should reference types of waste that are likely to be classed as hazardous at the
premises. (20)

Model Answers
Question 1
Interpretation
An answer to part (a) may cover treatment for both liquid and solid waste. To gain full
marks, a brief explanation of a number of treatment methods is required (rather than
an in-depth understanding of the Landfill Directive).
For part (b) the question must be read carefully as it asks for practical measures to
minimise the generation of waste in an office. A description of the recycling options
for different types of waste is therefore beyond the scope of what this question actually
requires. The answer must also be relevant to wastes that are produced in an office and
not another type of workplace.
Plan
(a) Physical, biological and chemical methods.
(b) Returnable packaging, double-sided printing, paperless office, cups/plates,
cartridges, reuse of paper, washable towels, reuse of office equipment, purchasing
policy, order control.
Suggested Answer
(a) There are many methods that could be used to treat waste prior to being
disposed of to landfill. These could be categorised as physical, biological and
chemical treatments.
Physical treatments might include:
Sorting waste to ensure that recyclable or reusable elements are separated.
Thermal treatment (e.g. incineration, evaporation).
Crushing of waste (e.g. waste compaction, baling, etc.).
Screening.
Using waste as a fuel (e.g. biofuels).
Biological treatments might include:
Composting (garden waste).
Anaerobic digestion (allowing waste to be broken down by micro-organisms
under no/little oxygen conditions producing gas).
Chemical treatments may constitute:
Neutralisation (e.g. adding an alkali to an acid to ensure that it is of a neutral
pH).
Sterilisation (e.g. using UV light to destroy pathogens).
Chemical reactions (to reduce the mobility of heavy metal in the waste).
(b) Measures to minimise waste include:

Ensuring that suppliers use returnable delivery packaging.
Double-sided printing of e-mails and reports.
Reading from the screen rather than printing (paperless office practices).
Washable cups and plates.
Toner and printer cartridges that are refilled.
Reuse of surplus paper and card, e.g. for packaging.
Provision of washable towels rather than paper towels.
Reuse of surplus office equipment through charities.
Purchasing policy to require equipment with a long life is bought.
Order control to reduce chances of over purchasing.
Question 2
Interpretation
For this question an in-depth knowledge of the WEEE Regulations is required. A
brief must be produced which outlines the key requirements of the Regulations to the
company.
Plan
Funding the cost, in-store take-back service, declaration of compliance, markings,
environmental information, compliance scheme.
Suggested Answer
All producers who put electrical and electronic equipment (EEE) on the market in
the UK are responsible for funding the cost of collection, treatment, recovery and
disposal of WEEE from households that is disposed of at designated collection facilities
or returned under an in-store take back service. All producers must join an approved
compliance scheme. Charges must be paid to EA/SEPA/NRW for those who set up
such a scheme. A producer is required to provide the regulator (EA/SEPA/NRW) with
a declaration of compliance with evidence supporting it.
A producer is required to mark the EEE with a crossed-out wheelie bin symbol,
producer identification mark and a date mark. They must also provide information
regarding reuse and environmentally sound treatment for each new piece of EEE that is
put onto the market.
Approved compliance schemes are required to register or notify all producers with the
Environment Agency/Natural Resources Wales. A compliance scheme operator has
reporting, record-keeping and compliance obligations.

Question 3
Interpretation
A long question where highlighting the key words will definitely help in interpretation.
Illegal dumping of waste can pose a significant risk to the environment and health.
Waste management is therefore strictly controlled by the law. This question tests your
knowledge of relevant legal requirements, poor publicity, stakeholder concerns and
clean-up costs. The answer should be written in the form of a letter.
Plan
Breach of relevant laws (duty of care, deposit waste, no licence, no carrier’s
registration, waste pollution, protected species, groundwater regulations), penalties,
personal prosecutions, bad publicity, concern of stakeholders, clean-up costs, Special
Areas of Conservation.
Suggested Answer
Criminal liabilities that may accrue include:
Breaches of Environmental Protection Act 1990 Section 33 and the Waste
(England and Wales) Regulations 2011 as amended for failure to produce written
information regarding the waste transfer, transferring waste to a non-authorised
person and allowing the escape of waste..
Depositing waste on land without a permit or licence under Section 33 of the
Environmental Protection Act 1990.
Waste (England and Wales) Regulations 2011 breach for carrying waste and not
being registered.
If water pollution occurred this could be a breach of the Environmental Permitting
(England and Wales) Regulations 2010 (water discharge activity permit) for causing
noxious, offensive or polluting matter to enter controlled water (river, stream, etc.).
Should any protected species have been affected this could be a breach of the
Wildlife and Countryside Act 1981.
(groundwater activity permit) may be breached should the waste enter
groundwater.
The land may contain habitats protected by the Conservation of Habitats and
Species Regulations 2010. Offences under these Regulations may attract a fine on
summary conviction.
Potential criminal liabilities may also occur including an unlimited fine and/or six
months in jail on summary conviction and unlimited fine and/or two years on
indictment (five years for hazardous waste). A potential personal prosecution under
the EPA 1990 Section 157 could also occur if the offence was committed with consent,
connivance or neglect of the managing director and/or Board of Directors.

Linked to the above would also be impacts arising from the bad publicity that the
incident would cause, impact on the concerns of stakeholders (e.g. club members) and
clean-up costs (which may cost much more than a fine that is payable for breaches of
the above).
Reference could also be made to the Conservation of Habitats and Species Regulations
2010 under which sites of European importance can be designated Special Areas of
Conservation (SACs).
Question 4
Interpretation
This question is an ‘explain’ question and some depth is therefore required in the
answer, which should be written in the form of a memo. The key requirements of
the Hazardous Waste Regulations 2005 and the Hazardous Waste (England and
Wales) (Amendment) Regulations 2009 should be explained. Reference must be
made to specific waste types found in an office (not a manufacturing or other type of
facility).
Plan
Registration, exemption, contractors, producer responsibility, list of wastes (absolute
and mirror), ban on mixing, consignment note, EWC code, landfill waste acceptance
criteria, examples of hazardous waste.
Suggested Answer
Under the system, those that produce hazardous waste must register with the
Environment Agency or Natural Resources Wales unless exempt from the requirements
of the Regulations. A company is exempt from registration if it produces less than 500
kg of hazardous waste in a year and is one of the premises defined as exempt in the
Regulations. Offices are exempt. Contractors that produce waste at premises may also
be registered as producers. The producer of the waste has responsibility for ensuring
that it is classed as hazardous. This is achieved by comparing the waste against those
that are listed in Wastes Decision 2000/532/EC (annotated by an *).
Absolute hazardous entries are those that are always considered hazardous, whatever
the level of hazardous substance they contain. Mirror entries are those where testing
may be required to determine the dangerous properties against the threshold stated.
There is a ban on the mixing of hazardous wastes under the Regulations so hazardous
wastes must be kept segregated. Consignment notes are also used to ensure that a
written description of the waste is carried with the waste. The consignment notes
must indicate the six digit European Waste Catalogue (EWC) code. If hazardous
waste is to be accepted to landfill the waste must be in compliance with the Waste
Acceptance Criteria for the landfill site (pre-treatment may be necessary).
Typical types of hazardous waste produced by an office might include computer
equipment, fluorescent tubes, oils, batteries, paints, solvents, asbestos, clinical waste
(first-aid treatments).

Element 10: Gaseous and

Particulate Releases to
Atmosphere
Emissions To The Atmosphere
Types of Emission
Gaseous
Pure gases are substances which remain in the gaseous phase at the process
temperatures and pressures, e.g. carbon dioxide, nitrogen and ozone.
Vapour
Vapours are the gaseous state of materials which are liquid at normal temperature
and pressure.
Mist
Mists are fine liquid droplets, usually nucleated by a particle.
Fume
Fumes are small solid particles produced by condensation of vapours or gaseous
combustion products (i.e. cooling of combustion products from hot processes).
Particle size is in the range 0.01 to 1 micron.
Smoke
Particles in the range 0.1 microns to 10 microns are seen as smoke.
There are no clearly established size definitions for these particulates and different
publications suggest other overlapping size bands.
Dust
A dust may consist of any size or shape of particle, crystalline or amorphous.
Grit
This is defined as particles exceeding 76 microns in diameter.
Fibre
Fibres are solid particles with an increased aspect ratio (the ratio of length to
width).

Types of Substances Prescribed for Release to the Atmosphere

and Types of Prescribed Processes
Installations Covered by the Industrial Emissions Directive
These are identified in Annex I to the Industrial Emissions Directive and include:
Energy industries.
Production and processing of metals.
Mineral industry.
Chemical industry.
Waste management.
Other activities.
Pollutants
The Environmental Permitting Regulations 2010 list pollutants which, if they are
released into the air or there is a likelihood that they may be released into the air, must
not be Part B processes, e.g.
Sulphur dioxide and other sulphur compounds.
Oxides of nitrogen and other nitrogen compounds.
Carbon monoxide.
Volatile organic compounds, etc.
Classification of Smoke
Meaning of “Dark Smoke”
Where legal standards of emission are prescribed for smoke they refer to “dark” and
“black” smoke.
Dark smoke is defined by reference to a shade on the British Standard Ringelmann
Chart, defined in BS 2742:2009, and means smoke which, if compared with the
Ringelmann Chart, would appear to be as dark as or darker than Shade 2 on the chart.
Meaning of Black Smoke

Black smoke, as defined in the Dark Smoke (Permitted Periods) Regulations 1958,
means smoke which, if compared with the Ringelmann Chart, would appear to be as
dark as or darker than Shade 4 on the chart.

Prohibition on Smoke, Grit, Dust and Fumes

Any installation must be capable of operating continuously without emitting smoke.
All furnaces (except domestic appliances) must be equipped with a grit and dust
arrestment plant, which must be properly maintained.
Air Quality Objectives and Standards

The Environment Act 1995, Part IV, Section 80, introduced a National Air Quality
Strategy.
Objectives for each pollutant were set and given statutory authority in the Air Quality
Regulations 1997, later revoked by the Air Quality (England) Regulations 2000.
A revised strategy was published in January 2000 and an addendum published in 2003.
The latest version of the strategy was published in 2007.
The Air Quality Standards Regulations 2007 implemented the limit values in EU
Directive 2008/50/EC on ambient air quality and cleaner air for Europe, in addition
to the latest version of the Air Quality Strategy. These Regulations have now been
revoked and replaced by the Air Quality Standards Regulations 2010.
The corresponding Regulations in other parts of the UK include:
The Air Quality Standards (Scotland) Regulations 2010.
The Air Quality Standards (Wales) Regulations 2010.
The Air Quality Standards (Northern Ireland) Regulations 2010.
EU Legislation
The EU Framework Directive on Air Quality Assessment and Management
(96/62/EC) was aimed at avoiding, reducing or preventing harmful concentrations of
air pollutants by means of:
Defining and fixing air quality objectives, setting limit values and/or alert
thresholds and/or target values for ozone.
Assessing air quality in a uniform manner.
Making information publicly available.
Maintaining and improving ambient air quality.
Directive 2008/50/EC on ambient air quality and cleaner air for Europe came into
force on 11 June 2008. The Directive combines four existing Directives into a single
Directive on air quality.

Industrial Air Pollution Control

The technology to remove contaminants from the airstream is often referred to as
‘end-of-pipe’ technology.
Such technology results in two components:
treated exhaust air, more or less cleaned; and
the waste captured by the air-cleaning device.
Legal Requirements
Duties of Operators of Prescribed Processes
Integrated Pollution Prevention and Control
The Industrial Emissions Directive
This requires member states to prevent or, where that is not possible, to reduce
pollution from a range of industrial and other installations.
The application of the Industrial Emissions Directive to industrial activities and
the current threshold limits are listed in Annex I of the Directive, and in England
and Wales, in the Environmental Permitting Regulations 2010.
Categorisation of Installations
Installations are categorised as Part A (1) or (2), Part B according to their potential
for pollution.
In Northern Ireland, Part A and B installations are regulated by the NIEA and Part C
installations by district councils.
Frequency of Permit Reviews
The regulators will review permits periodically and at any time.
Air Pollution Control

The Clean Air Act 1993 effectively prohibits emissions of dark or black smoke from
chimneys which serve boiler plants and from other activities producing smoke (other
than via a chimney).
The Act covers England, Scotland and Wales.
Similar controls in Northern Ireland are provided in the Clean Air (Northern Ireland)
Order 1981.
Furnaces
The Clean Air (Emissions of Grit and Dust from Furnaces) Regulations 1971
identify the quantities of grit and dust which may be emitted based on the rating of the
boiler or furnace.

Processes Authorised under the Radioactive Substances Act 1993

The Environmental Permitting Regulations 2010 are concerned with obtaining
authorisation for the keeping of radioactive materials and the disposal of radioactive
waste.
Special Provisions for Installations Using Organic Solvents

Under the Industrial Emissions Directive there are various extra requirements for
installations using solvents, such as:
Specific solvents that are carcinogenic, mutagenic or toxic to reproduction are to
be replaced as far as possible by less harmful substances or mixtures within the
shortest possible time.
Each installation shall not exceed fugitive and point source emission limit values
(ELVs).
Solvents shall be reduced using the reduction scheme set out in the Directive.
Data is to be provided by the installation to the competent authority to verify
compliance with ELVs and the solvent reduction scheme.
These requirements are implemented under the installation permitting regime.
Duties of the Secretary of State and Local Authorities

Duties of the Secretary of State
The Secretary of State’s duties with regard to Part IV (Air Quality) of the Environment
Act 1995 include:
Prepare and publish the air quality strategy.
Keep the strategy under review and modify it from time to time.
The strategy must contain air quality objectives and standards and measures taken
to achieve the objectives.
In preparing the strategy, the Secretary of State is required to consult various
appropriate bodies such as the Environment Agencies of the UK.
Publish a draft of the strategy and take into account any comments.
Powers and Duties of Local Authorities

The Environment Act 1995 placed certain duties on the local authorities:
To review air quality in their areas.
Air quality management areas to be designated by September 2000.
A further review to be undertaken by December 2003.

The Air Quality (England) Regulations 2000 (similar regulations exist for Scotland
and Wales) revoked the 1997 Regulations and tightened the requirements for some of
the pollutants named. The Air Quality Regulations incorporate the objectives of the
Air Quality Strategy.
Offences under the Clean Air Act 1993

Offences
Prosecutions for most offences under the Clean Air Act 1993 are dealt with in the
Magistrates’ Court (Sheriff Court in Scotland).
Offences are subject to an unlimited fine plus a daily fine if the offence continues.
Prohibition of Dark Smoke from Chimneys
The emission of dark smoke from the chimney of any building is prohibited; the
Act also applies to chimneys not attached to a building serving furnaces, fixed
boilers or industrial plant.
Statutory Defences under the Clean Air Act
Although there are statutory defences under the Clean Air Act, they are not
absolute defences.
They are only available if every practical effort is made to avoid and/or minimise
emissions.
Prohibition of Dark Smoke from Industrial or Trade Premises
Subject to certain exemptions, it is an offence to cause or permit the emission of
dark smoke from industrial or trade premises (as distinct from chimneys).
Ozone-Depleting Substances Regulations

EU Regulation 1005/2009 places controls on production, placing on the market and
use of ODSs (CFCs, HCFCs, halons, etc.).
The UK’s national enforcement regime for the EU Regulation is contained within the
Ozone-Depleting Substances Regulations 2015.
EU Regulation 1005/2009 requires a range of measures, including:
Ban of use of ODSs in new equipment.
For existing equipment containing ODSs:
–– Prevention/minimisation/repair of leaks.
–– Scheduled leak testing.
–– Recovery of ODSs (during maintenance, before disposal, etc.).
–– Use of a qualified person for maintenance/decommissioning.

Fluorinated Greenhouse Gases

Measures under EC Regulation 517/2014 on fluorinated greenhouse gases (repealing
Regulation (EC) No. 842/2006) include:
Bans.
Cap and phase down.
Prevention of leakage.
Scheduled checks for leaks.
Inspection.
Automatic leak detection.
Maintenance of records.
Recovery of gas.
Use of certified personnel to undertake checks.
Labelling.
Strategies for Monitoring Atmospheric Emission

Monitoring of the waste gas stream as it leaves the chimney or flue stack or
process parameters may be required in order to demonstrate compliance with the
Environmental Protection Act, the PPC Act (and associated Environmental
Permitting Regulations).

Principles of a Monitoring Strategy

Refer to the following figure.
Source: Adapted from Technical Guidance Note (Monitoring) M2, Monitoring of stack emissions
to air, Environment Agency, 2013
(http://a0768b4a8a31e106d8b0-50dc802554eb38a24458b98ff72d550b.r19.cf3.rackcdn.com/
LIT_6405_963ada.pdf)
Sampling Principles
Key Terms in Stack Emission Monitoring
Sampling Point
The specific position on the stack where the sample is extracted.
Sampling or Access Ports
Points on the wall of the stack, duct or flue through which access to the emission
can be gained.
Isokinetic Sampling
‘Same speed’ sampling - this is a technique of drawing sampling air through a
probe containing a collection filter at the same rate as the gas flow in the stack.
Monitoring Approach
Whether the monitoring is periodic or continuous.

Monitoring Techniques
The analytical principles behind the monitoring, e.g. infrared, absorption,
chemiluminescence, etc.
Monitoring Method
The published or documented procedure for using the monitoring approach and
technique.
Monitoring Equipment
The instruments and apparatus used.
Monitoring Approaches
There are two main approaches to measuring stack emissions:
Periodic measurement is a measurement regime carried out at periodic intervals,
e.g. six months.
Samples are usually taken from the stack and measured elsewhere (grab or
extractive sampling).
Continuous Emissions Monitoring (CEM) is measurements taken automatically,
with few if any gaps in the data produced.
Measurement can be carried out in situ or the sample gas can be extracted and
measured remotely on an instrument permanently located elsewhere.
MCERTS
MCERTS provides a framework of standards for regulators and industry that can be
used to monitor emissions that have the potential to have a significant impact on the
environment.
Remote Sensing
As part of an integrated observing strategy, satellite measurements provide a context
for localised observations and help to extend these observations to continental and
global scales.
Remote sensing has many uses including the assessment of air pollution.
Technical Guidance Notes M1 and M2

These contain current Environment Agency guidance on:
Sampling requirements for stack-emission monitoring (M1).
Monitoring of stack emissions to air (M2).
BS 1747
This standard identifies methods of undertaking the measurement of numerous air
pollutants.

Principles of Analysis Techniques

The following are common measurement and analysis techniques used to determine
the amount of a substance in a sample of contaminated air.
Particle Charge Transfer Probe

This measurement device is based on the principle that when two materials that have
differing electronic properties contact there is a passage of electrons from one material
to the other when they separate.
Analysers that use such devices generally consist of a metal probe that is inserted into
a stack.
Transmissometers (Opacity Monitors)

These are based on the determination of the optical transmission of a beam of light as
it passes through an airstream containing particulate material.
Transmissometers are not appropriate for measuring low particulate concentrations of
small particles.
Beta Radiation Attenuation

These devices draw flue gas through a sample inlet or probe with particulate matter
being deposited onto a tape made from glass fibre filter paper.
The system is not a truly continuous measurement - only one minute average values
are available.
CEGB Probe
This device is made up of a miniature cyclone through which a flue gas sample is drawn
on a continuous basis by a device operated by the suction in the flue.
This device operates continuously without moving parts.
Deposition Gauges
Such devices are relatively inexpensive and a simple approach to dust monitoring.
They do not require any electrical power so can be left for long periods without
maintenance.
They do not provide day-to-day data on dust concentrations so it is not possible to
attribute data to specific events or changes in wind direction.
Gravimetric Analysis
This involves accurately weighing a sample before and after exposure to the dust or
other pollutant.

Microscopic Analysis
The actual physical examination of particles is carried out microscopically in certain
cases. An example is in the examination of asbestos fibres.
Gas Liquid Chromatography

Gas chromatography methods can be used for CO2, CO, O2, N2, N2O, H2, sulphur,
nitrogen, halogen compounds and light hydrocarbons.
The gases to be analysed are drawn through a packed column containing a porous
polymer mixture or molecular sieve, which absorbs the gases.
Mass Spectrometry
The gas to be analysed is ionised by an electron beam.
This produces positively charged molecules and molecular fragments.
These are separated on the basis of their mass to charge ratio using, e.g. a magnetic
sector analyser.
Atomic Absorption Spectrophotometry

This relies on the principle that each element has a characteristic wavelength when
heated in a high temperature flame.
Chemiluminescence
This technique can be used for the measurement of various substances and is
commonly used for the measurement of nitrogen monoxide (NO) by introducing it to
an excess level of ozone (O3).
When using this technique for the measurement of gases, it is usually referred to as
‘gas phase chemiluminescence’.
Ozone is usually generated by the measuring equipment and introduced into a reaction
cell.
The sample containing nitrogen monoxide is then added to the reaction cell.
The two gases then chemically react and light, which is recorded by a photodetector, is
emitted.
Electrochemical Cells
Many portable gas analysers utilise electrochemical cells.
Oxygen can be monitored by their use, but they may also be used to analyse up to six
gases simultaneously.
The basis of the cell is a device with an anode, a cathode and an aqueous electrolyte.
The gas sample is led through a thin Teflon membrane.

The membrane allows the preferential diffusion of oxygen molecules to a cathode,

where the oxygen is absorbed and then moves to the electrolyte, where it is ionised
and can be measured.
Atomic Emission Spectrophotometry

The material to be sampled is heated as before, but the Optical Emission Spectrum is
recorded as a function of the wavelength.
After calibration of the instrument, all the metallic elements can be analysed
simultaneously.
Spectrophotometry
This uses specific frequencies of light to measure specific elements/gases.
Three main frequencies of light are used: infrared (IR), visible and ultraviolet (UV).
The choice depends on which part of the spectrum the pollutant’s characteristic
absorption frequency lies on.
Ultraviolet/Infrared Spectrometry
Continuous monitoring of carbon dioxide, carbon monoxide and methane is usually
undertaken by IR absorption.
Molecules containing two or more dissimilar atoms display unique absorption
characteristics in the infrared region, the intensity of the absorption being equal to the
concentration.
Many gases can be analysed by these methods, including carbon oxides, nitrogen
oxides, ammonia, sulphur oxides, hydrogen chloride, etc.
Colorimetric techniques can be used by reacting the substance to be sampled with an
organic dye and a quantified result obtained by measuring optical absorption in the UV
or visible region.
Control Strategies and Measures

Background
Need for Control
Gaseous Pollutants - Reduction at Source
Reduction at source is the most effective option for the control of gaseous
pollutants.
Global Warming Gases - Carbon Dioxide
Governments have agreed to legislate to limit the release of fossil carbon entering
the atmosphere from coal, oil and petrol, from power stations and motor
transport.

In the UK, this is brought into effect through the Environmental Permitting
Regulations 2010 and through the Climate Change Levy and associated
requirements.
Ozone Depletion and the Montreal Protocol
The Montreal Protocol heralded restrictions and elimination of some substances
known to be ozone depleters. EU Regulation 1005/2009 has brought the
requirements of the Protocol into force throughout the EU.
CFCs are relatively non-toxic and not flammable and therefore were widely used
as refrigerants and in air-cooling systems, as blowing agents in flexible foam
manufacture, and as propellant gases in aerosol cans.
They are also widely used as solvents, particularly in the electronics industry.
Dispersion of Air Pollutants

Fate of Releases to the Environment
In order to define a discharge to the environment, the following should be taken
into account and included in any emission inventory:
––The mass discharge rate of the pollutant gas.
––Volume flow of the gas, based on stack diameter and efflux velocity.
––Temperature at release.
––Whether the release is continuous or intermittent.
––Height of the release.
––Location of the release relative to the environment, i.e. proximity to hills,
buildings, other pollution sources and potential targets.
–– Presence of any fugitive emissions, e.g. from pipework or flanges.
Plume Dispersion and Pasquill-Gifford Categories
The physics of plume dispersion is quite complicated with many variables, e.g. the
weather conditions, wind speed, temperature, ground conditions and the nature of
the pollutant.
The amount of mixing of the plume depends on the stability of the atmosphere.
The stability conditions (diffusion categories) have been described by a
classification scheme known as the Pasquill-Gifford scheme.
The parameters involved are wind speed, solar radiation and/or cloud cover.
Building and Topographical Effects
Hills or buildings can have a significant adverse effect on plume dispersion.
Chimney Height
The higher the point of discharge and the greater the total heat content of the
discharged gases, the more widespread and diluted the fine particles and gases will
be by the time they reach ground level.

The Range of Engineering and Procedural Control Measures and

Strategies for Capturing Air Pollutants
The range of particle arrestment devices includes the following.
Cyclones
These operate by causing the airflow to change direction rapidly into a spiral.
This throws the particles out of the airstream toward the walls of the device.
The particles then fall down to the bottom of the device for collection.
The running costs and maintenance requirements are low.
Fabric Filters
These remove dust from a gas stream by passing through a fabric.
The fabric must allow air to pass through it and remove the dust particles from the air.
Fabric filters are generally more efficient at removing smaller particles from airstreams
than cyclones.
Consequently, cyclones are often used as first stage air-cleaning devices to remove the
larger particles from the airstream before it is passed into a fabric filter unit.
Wet Scrubbers
Wet scrubbing techniques are used to remove particulates from waste gas streams.
The principle of all wet scrubbers is that water droplets are generated within the device
and particles are captured within the droplets.
The droplets are then removed from the airstream, which is now clean.
The droplets are collected as contaminated water and transported out of the device
for treatment or disposal.
Scrubber designs include:
Venturi scrubbers.
Mechanically-aided scrubbers.
Pump-aided scrubbers.
Wetted filter scrubbers.
Electrostatic Precipitators
An electrostatic precipitator (ESP) is a particulate and droplet-control device which
uses electrical forces to remove particles from a dust-laden airstream.
An area of ionised air molecules is established, usually around a wire, by maintaining
the wire at a very high voltage.

This region of ionised air molecules is called a corona.

As dust particles flow through the corona, they collect the ions then they themselves
become charged.
A plate, called the collector plate, is maintained at the opposite electrical polarity to
the wire and the particles, so that the charged particles migrate toward the plate.
Eventually, the particles approach close enough to the plate so that the turbulence
drops to lower levels and the particles are deposited.
Gas and Vapour Devices

There are several types of gas and vapour control devices utilising a variety of
technologies.
Absorption Devices
Packed columns are usually vertical steel columns containing small elements over
which water flows to coat each element with a thin layer of water.
Another mechanism used to mix pollutant gases in an airstream with a solvent is to
bubble the air up through water held on plates (plate columns).
Activated Carbon Adsorption Devices
The process of adsorption involves the retention of a gas or vapour molecule on
the surface of a particle or droplet.
There are two adsorption mechanisms: a physical action involving intermolecular
Van der Waals forces and a chemical action involving activated adsorption.
Adsorbents:
–– Activated carbon.
–– Activated alumina.
–– Silica gel.
–– Molecular sieves.
Incinerators
There are three types of incineration devices generally referred to: flare stacks,
thermal incinerators and catalytic incinerators.
–– Flare stacks are usually employed in the petrochemical industry and are seen
as tall stacks with visible flames on top.
–– Most thermal incinerators comprise a chamber containing a burner unit.
The burner unit, fuelled usually with natural gas, raises the temperature of the
waste gas to the point where it reacts with the oxygen in the air.
–– In catalytic incineration the use of a catalyst allows the oxidation reaction to
take place at much lower temperatures, around 400°C.

Peat Filter Beds

The beds were typically large steel or concrete containers containing natural peat.
The peat was treated with micro-organisms and supplied with water and nutrients
to encourage their growth.
The General Philosophy and Application of Emission Standards and Air

Quality Standards Relevant to Air Quality Management
The UK’s policies for achieving improvements in air quality are included in the
Environment Act 1995, which provides the legal framework for implementation of
the Air Quality Strategy.
A local authority, for any area where the air quality standards are not being met, will be
obliged to issue an order designating an Air Quality Management Area (AQMA).
The major components of air quality management are generally considered to be
emissions monitoring, air quality monitoring, standards and guidelines, air quality
modelling, public information, alert procedures, land use planning and transport
integration.
The major air pollutants are monitored at a variety of urban and rural sites within the
UK. Pollutants monitored include nitrogen oxides, particulate matter, sulphur dioxide,
hydrocarbons (e.g. benzene and toluene), carbon monoxide, lead and ozone.

1. (a) In the context of stack emissions, explain the meaning of the following
terms:
(i) ‘in-situ’ and ‘extractive’ monitoring; (4)
(ii) ‘continuous’ and ‘periodic’ monitoring. (4)
(b) Describe THREE methods that may be used to quantitatively monitor
emissions to air from stacks, including the pollutant types and monitoring
regimes for which each is suitable. (12)
2. Explain how the following air pollution control devices operate, referencing the
pollutant categories and type of plant that they may be used for:
(a) bag filter; (5)
(b) electrostatic precipitator; (5)
(c) wet scrubber; (5)
(d) activated carbon adsorption device. (5)
3. (a) Describe the main effects of the release of nitrogen oxides to atmosphere.
(14)
(b) With the aid of diagrams, describe TWO methods that can be used to
quantify emissions of nitrogen oxides to air. (6)

Model Answers
Question 1
Interpretation
Part (a) is quite clear on what is required, i.e. a clear account of the four terms
associated with air-monitoring is needed to gain full marks.
Part (b) requires a basic description of three (and only three) relevant quantitative
methods as well as the types of pollutants each can be used to monitor and the
appropriate monitoring regimes (i.e. in-situ, extractive, continuous or periodic).
Plan
(a) (i) In-situ (within stack), extractive (sample taken).
(ii) Continuous (continuous measurement) and periodic (measurement taken
at certain frequencies).
(b) Description of technique, types of pollutant, monitoring regime for any three
of the following: gravimetric, gas chromatography, mass spectrometry, atomic
absorption spectrophotometry, chemiluminescence, electrochemical cells,
spectrophotometry.
Suggested Answer
(a) (i) In-situ monitoring is where measurements are taken directly in the stack
without removing a sample. For extractive monitoring a sample is taken
from the stack and concentrated for analysis or directly analysed.
(ii) Continuous monitoring (sometimes known as continuous emission
monitoring (CEM)) is usually a static installation that will provide a
continuous measurement of gas concentrations. Periodic monitoring on
the other hand is a short-term sample that is taken at a regular frequency
(e.g. every six months). CEM is the best method as it provides continuous
data and is more accurate than just taking an extractive sample which,
depending on when the sample was taken, does not identify short-term
differences in emissions.
(b) Any three of the following:
Gravimetric analysis involves accurately weighing a sample before and after
exposure to the dust or other pollutant. Exposure of the sample filters will
take place for a predetermined time and the pre-weighed filters will be used
to collect the requisite sample, which will then be weighed again. The gain
in weight will represent the amount of pollutant collected over the period
chosen. This is an extractive and periodic monitoring method.

Gas chromatography methods can be used for CO2, CO, O2, N2, N2O, H2,
sulphur, nitrogen, halogen compounds and light hydrocarbons. The gases to
be analysed are drawn through a packed column containing a porous polymer
mixture or molecular sieve, which absorbs the gases. An inert carrier gas,
such as helium, is passed through the column. Each gas has a characteristic
retention time. This is an extractive and periodic monitoring method.
Mass spectrometry is an instrumental technique used for the simultaneous
analysis of several gaseous components of a gas stream. The gas to be
analysed is ionised by an electron beam, producing positively charged
molecules and molecular fragments. These are separated on the basis of their
mass to charge ratio using, for example, a magnetic sector analyser.
Atomic absorption spectrophotometry is a widely used method for the
analysis of metals, including heavy metals such as lead or mercury. It relies
on the principle that each element has a characteristic wavelength when
heated in a high temperature flame. A solution containing the substance
to be analysed is excited through a high temperature flame and a lamp of
characteristic wavelength is shone through the gas stream. The resultant
absorption pattern both identifies and quantifies the concentration of the
metal being analysed. This is an extractive and periodic method.
Chemiluminescence is when a chemical reaction produces energy in the
form of light. The technique can be used for the measurement of various
substances and is commonly used for the measurement of nitrogen
monoxide (NO) by introducing it to an excess level of ozone (O3). The
operation of direct-reading instruments for the measurement of NO/NO2
is based on this principle. When using this technique for the measurement
of gases, it is usually referred to as ‘gas phase chemiluminescence’. Ozone is
usually generated by the measuring equipment and introduced into a reaction
cell. The sample containing nitrogen monoxide is then added to the reaction
cell. The two gases then chemically react and light, which is recorded by a
photo detector, is emitted - mainly in-situ and continuous method.
Electrochemical cells are mainly utilised by portable gas analysers. Oxygen
can be monitored by their use, but they may also be used to analyse up to
six gases simultaneously. The basis of the cell is a device with an anode,
a cathode and an aqueous electrolyte. The gas sample is led through a
thin Teflon membrane that allows the preferential diffusion of oxygen
molecules to a cathode, where the oxygen is absorbed and then moves to the
electrolyte, where it is ionised and can be measured - extractive and periodic
measure.
Spectrophotometry uses specific frequencies of light to measure specific
elements/gases. Three main frequencies of light are used - infrared
(IR), visible and ultraviolet (UV). The choice depends on which part of
the spectrum the pollutant’s characteristic absorption frequency lies on.
Sometimes they overlap and it is difficult to distinguish between pollutants -
extractive and periodic measure.

Question 2
Interpretation
This question requires a basic explanation of each of the four air pollution control
devices. Part of the question also asks for reference to the type of pollutants the
control device could be used for in addition to the type of plant it could be used on
(so do not forget these two parts of the question in addition to a description of the
device).
Plan
(a) Bag filter - dust, fabric filter, shaking device, collection device, type of plant
(woodworking, foundry).
(b) Electrostatic precipitator - dust, electric forces, wire and corona, collector plate
and rapping, type of plant (any example).
(c) Wet scrubber - droplets, removal, gas stream, types of material (metallic dusts),
plant.
(d) Activated carbon adsorption device - surface retention, forces, large surface area.
Suggested Answer
(a) Bag filters (also known as fabric filters) remove dust from a gas stream by passing
through a fabric. The fabric must allow air to pass through it and remove the
dust particles from the air. The layer of dust which accumulates on the fabric
surface is called the filter cake. With time, more and more pores are closed and
the airflow through the remaining open pores increases. At some point, there are
very few pores left open and the airflow through them may be several orders of
magnitude higher than that through the pores when they were all open. Bag filter
plants employ mechanical shaking devices to vibrate the bag. Generally the bag
is open at the bottom and closed at the top. The dust-laden air enters the bag at
the bottom and passes up and through the bag to leave the filter plant through
vents at the top. Types of plant they could be used on include woodworking,
engineering, foundries, etc.

(b) An electrostatic precipitator (ESP) is a particulate and droplet-control device

which uses electrical forces to remove particles from a dust-laden airstream. An
area of ionised air molecules is established, usually around a wire, by maintaining
the wire at a very high voltage, typically 20,000 to 100,000 volts. This region
of ionised air molecules is called a corona. As dust particles flow through the
corona, they collect the ions then they themselves become charged. A plate,
called the collector plate, is maintained at the opposite electrical polarity to the
wire and the particles, so that the charged particles migrate toward the plate.
Removal of dust from the plates is often accomplished by rapping the top of the
plates mechanically using a hammer or piston. The types of plant this could be
used on include coal-fired boilers, cement kilns, solid waste incinerators, paper
mill recovery boilers, petroleum refining and catalytic cracking units, sinter plants,
basic oxygen furnaces, open hearth furnaces, electric arc furnaces, coke oven
batteries and glass furnaces.
(c) The principle of all wet scrubbers is that water droplets are generated within
the device and particles are captured within the droplets. The droplets are then
removed from the airstream which is now clean. The droplets are collected as
contaminated water and transported out of the device for treatment or disposal.
Wet scrubbing is used to control sticky emissions which may block filter-type
collectors; to handle waste gas streams containing both particulates and gases;
to recover soluble dusts and powders and to remove metallic dusts such as
aluminium, which may explode if handled dry. Plant where used might therefore
include food manufacturing (e.g. flour dusts) and engineering (grinding of
aluminium and paint spraying).
(d) The process of adsorption involves the retention of a gas or vapour molecule on
the surface of a particle or droplet. The physical adsorption utilises the surface
forces present on the surfaces of most solids to attract gas molecules. When
these surface forces are stronger than the intermolecular forces between the
pollutant gas molecules and the air molecules, the pollutant gas molecules will
adhere to the surface of the solid. Activated carbon with many pores and crevices
presents extremely large surface areas to gases. Activated carbon is so-called
because after heating the carbon is activated to remove the volatile components.
In the case of coal, high temperature steam is used. Such devices have to be
regenerated before they can be used again. The technique can be used to
remove many pollutants, e.g. specialist applications include VOC removal, dioxins
removal and radioactivity. As such the technique can be used for many types of
plant, e.g. wall covering manufacture, metal finishing, sewage treatment, etc.

Question 3
Interpretation
Part (a) requires a description of the main effects of the release of nitrogen oxides to
the atmosphere. Nitrogen oxides are common pollutants that have many effects on a
range of different receptors.
Part (b) requires a description of two techniques that may be used to gain a
quantitative reading of emissions of nitrogen oxides. Diagrams may be used to help
describe the two techniques chosen.
Plan
(a) Ground level, respiratory problems, odour, vegetation, acid deposition (wet and
dry) effects (damage to trees, monuments and buildings, plants and aquatic
systems, release of metals), photochemical smog.
(b) A description of any two of the following: chemiluminescence, infrared
spectrometry, colorimetry, and ion-chromatography.
Suggested Answer
(a) A description of the main effects of nitrogen oxides is required including
pollution of the air at ground level causing exceedance of air quality standards.
Nitrogen oxides may also cause harm to human health, for example respiratory
damage. Odour causing nuisance may also occur from emissions. Damage to
vegetation by deposition may also result. Acid deposition (both wet and dry) can
also be formed by nitrogen oxides causing damage to monuments and buildings,
damage to trees, plants and aquatic systems and causing release of harmful metal
in soils (such as aluminium) which contaminate drinking water. Nitrogen oxide is
also involved in the formation of photochemical smog.

(b) Methods that could be used to quantify emissions of nitrogen oxides include
chemiluminescence, infrared spectrometry, colorimetry and ion-chromatography.
Chemiluminescence is when a chemical reaction produces energy in the form
of light. The technique can be used for the measurement of various substances
and is commonly used for the measurement of nitrogen monoxide (NO) by
introducing it to an excess level of ozone (O3). The operation of direct-reading
instruments for the measurement of NO/NO2 is based on this principle. When
using this technique for the measurement of gases, it is usually referred to as ‘gas
phase chemiluminescence’.
Continuous monitoring of carbon dioxide, carbon monoxide and methane is
usually undertaken by infrared absorption. Molecules containing two or more
dissimilar atoms display unique absorption characteristics in the infrared region,
the intensity of the absorption being equal to the concentration. Many gases
can be analysed by these methods, including carbon oxides, nitrogen oxides,
ammonia, sulphur oxides, hydrogen chloride, etc.
CO2 Molecules
IR Source
Infrared Spectrometry
Colorimetric techniques can be used by reacting the substance to be sampled
with an organic dye and a quantified result obtained by measuring optical
absorption in the UV or visible region.
Gas chromatography methods can be used for CO2, CO, O2, N2, N2O, H2, sulphur,
nitrogen, halogen compounds and light hydrocarbons. The gases to be analysed
are drawn through a packed column containing a porous polymer mixture or
molecular sieve, which absorbs the gases. An inert carrier gas, such as helium, is
passed through the column. Each gas has a characteristic retention time.

Gas Chromatogram
The technique for the analysis of liquid samples in aqueous solution produces
similar characteristic spectra, and is the preferred method for anions such as
sulphate, nitrate, chloride, bromide and sulphide. A similar procedure is used
but a liquid, as opposed to a gaseous eluant is used.

Element 11: Water Resources

Management
Framework in Which Water is
Managed
Water Management Framework
Water Framework Directive (2000/60/EEC)
This is claimed to be the most significant piece of EU water legislation.
It is implemented through the Water Environment (Water Framework Directive)
(England and Wales) Regulations 2003 and the Water Environment and Water
Services (Scotland) Act 2003.
The Directive embodies the concept of integrated river basin management, and sets
objectives for water status including:
Ecological and chemical parameters.
Common monitoring and assessment strategies.
River basin administration and planning.
Measures to meet the objectives.
Polluting Substances Released to Water

Categorisation of Effluents Discharged to Controlled Waters
When categorising discharges to controlled waters such as rivers, streams, etc., it
must be ensured that effluent discharged via surface water drains from industrial or
commercial premises carries only uncontaminated rainwater.
Designation of Controlled Waters and Water Protection Zones

From the need to protect water developed the need for control of pollution and hence
the concept of controlled water.
Definition of Controlled Water

The term controlled waters is defined mainly in Section 104 of the Water Resources
Act 1991 and covers:
Relevant territorial waters.
Coastal waters.
Inland freshwaters.
Reservoirs.

Groundwater
Groundwater pollution often occurs slowly from leaking underground storage tanks
or wash-off of contaminated rainwater from roads or factory yards.
There is a great potential for contamination from leaking underground storage tanks
or spillage.
The Environment Agency has published a Groundwater Protection Policy, and has
produced Groundwater Vulnerability maps of England and Wales.
The Environmental Permitting Regulations 2010 seek to protect the groundwater
from pollution. Activities involving discharges of hazardous substances and non-
hazardous pollutants must be permitted.
Water Protection Zones

The Environment Agencies have been granted powers to designate areas as water
protection zones.
This enables control over the application of pesticides and other potential pollutants to
prevent discharge of polluting material into controlled water, to protect drinking water.
Nitrate Vulnerable Zones (NVZs)

The Nitrate Pollution Prevention Regulations 2015 establish action programmes
which occupiers of farms within designated NVZs in England are required to
implement to control nitrate leaching. Similar regulations exist for other parts of the
UK.
Surface Water Classification Systems, Water Quality Objectives and

Standards
Water quality standards (WQSs) set down limits for certain indicators of poor water
quality, e.g. level of hazardous substances.

WQSs are identified in numerous European directives, e.g. Water Framework

Directive, Nitrates Directive, Drinking Water Directive.
The pollution control regime in the UK is based on WQSs set for all surface waters
under the Environmental Quality Standards Directive (2008/105/EC).
Water quality objectives are used to classify water according to the actual or potential
use, again requirements stated in a number of EU directives and UK law. Such
objectives identify limits of substances or other quality indicators based on use.
For example, under Section 83 of the Water Resources Act 1991, the Secretary of
State for Environment, Food and Rural Affairs must establish Statutory Water Quality
Objectives (SWQOs) for all relevant territorial waters and inland freshwaters.
Water Framework Directive Classification System

The Water Framework Directive identifies that water quality should be assessed
using the ecological (e.g. fish and invertebrates) and chemical (e.g. measurement of
heavy metals and pesticides) status of a watercourse.
The overall status of the watercourse takes into account both ecological and chemical
status.
The monitoring system must be able to identify when the quality of a watercourse is
good, where it needs to be improved and what is required to improve it.
The Bathing Water Regulations 2013

In a similar way as for surface waters, bathing waters are also classified according to
quality requirements.
The Regulations specify criteria for each quality rating and set out quality and sampling
requirements.
Types of Substances Prescribed for Release to Controlled Waters

Priority Substances
Annex II of the Directive on Environmental Quality Standards (2008/105/EC) set
environmental quality standards for substances in surface waters (river, lake, transitional
and coastal).
In the Directive, substances are classed as priority substances and priority hazardous
substances (a particularly hazardous subset of hazardous substances).
At present, Annex I of the Directive identifies limits on 33 priority substances and
eight other pollutants. For substances classified as priority hazardous substances, the
legislation requires their use to be phased out.

Urban Waste Water Treatment Directive (91/271/EEC)

This lays down minimum requirements for the treatment of urban waste water and the
disposal of resulting sludge.
Industrial waste waters which are similar to municipal waste water, but which do not
enter the municipal water treatment plants, are also covered.
This Directive is implemented through the Urban Waste Water Treatment
The UK Red List

The UK Red List is a list of 23 substances, whose release to water is controlled by the
environmental permitting regime.
Principal Types of Water Pollutants

Some pollutants are particularly harmful, e.g.
Pesticides.
Oil.
Solvents.
Sources of Water Pollution

Water pollution is often caused by some, or all, of the following:
Point sources, such as outfalls from sewage systems.
Factory wastes, e.g. contamination deposited on drained surfaces.
Wrong connections of foul or surface water drains.
Treating and Distributing Water

Very few water sources are suitable for drinking without any treatment.
Raw water does not meet drinking water standards and has to be treated prior to
distribution.
Natural waters may have undesirable characteristics, e.g. pathogenic bacteria or
excessive hardness.
The objectives of water treatment are to produce an adequate and continuous supply
of potable water that is clear, palatable, safe and reasonably soft.
Natural Purification
Although there are many ways in which waters may become polluted, there are also
natural processes at work tending to purify the water, namely storage and filtration.
Storage in ponds and lakes:

Suspended matter settles to bottom.

Harmful bacteria gradually die out.
Colour is reduced by the bleaching effects of sunlight.
Filtration through soil removes suspended matter and bacteria.
The Water Treatment Process

The main methods of treatment to ensure that water is fit for drinking are:
Screening –– To remove sticks, weeds and large particulates.

Aeration –– To eliminate certain odours.
–– To remove objectionable dissolved gases.
–– To oxidise some metal salts to enable them to be
filtered out.
Coagulation –– To enable finely divided matter to be settled out,
in order to entrap bacteria and absorb colour.
Clarification –– To settle out sediment to provide clear water.
Filtration –– To remove particles.
pH adjustment –– To ensure that it is chemically neutral.
Disinfection –– To remove pathogenic or disease-causing
bacteria.
Softening –– To remove excess quantities of calcium and
magnesium salts.
Distribution of Water
In general, the water mains leaving the treatment works, which is often some distance
from the area of demand, are of comparatively large diameter (trunk mains).
In some cases they feed by gravity and in other cases it is necessary for the water to be
pumped.
Duties of Water Suppliers

Ensuring that drinking water supplied to premises is wholesome is the duty of the
water supply company.
The Water Industry Act 1991, Section 68, places a duty on water undertakings (water
companies) to supply water which is “wholesome at the time of supply”.
The Water Supply (Water Quality) Regulations 1989 are concerned with the quality
of public supplies and with the provision of information on water quality. These
Regulations implement EU Directives on the subject of water quality for supply.

Private Water Supplies

The Private Water Supplies Regulations 1991 relate to the quality of water from
private supplies for drinking and domestic purposes.
Role of the Office of Water Services (OFWAT)

OFWAT is a watchdog body.
Role of the Drinking Water Inspectorate

The Drinking Water Inspectorate is part of DEFRA.
It has the responsibility of ensuring that quality standards for drinking water are met.
It also advises the Secretary of State and local authorities with regard to monitoring
and reviewing the quality of drinking water.
The standards are set out in the Water Supply (Water Quality) Regulations 1989.
Chemical, Physical and Biological Properties

The Effects of Pollution
Deoxygenation
Naturally occurring bacteria downstream of the point of discharge, break down
organics, utilising dissolved oxygen.
If depletion is excessive, fish are killed; if depletion is total, anaerobic breakdown of
organics occurs, causing smell nuisance.
Suspended Solids
Main effects are aesthetic (visible nuisance); smothering plants and animals on the
bed of the watercourse, damaging fisheries and interfering with self-purification.
Turbidity/Colour
Turbidity is present in water from construction sites, opencast mines, quarries, etc.
Colour is present in some trade effluents. This causes visible nuisance and may
affect fish.
Toxicity
Many substances used in industry are toxic to aquatic life or may accumulate
through the food chain to affect predators (including man).
The main persistent toxins are pesticides and heavy metals.
Eutrophication
Waters rich in nutrients (mainly nitrates and phosphates) are termed eutrophic.
Algal respiration enhances diurnal dissolved oxygen sag (which may kill fish)
and when algae die, their decomposition may lead to anaerobic conditions and
nuisance.

Nitrates
High levels of nitrates can lead to eutrophication and they are a health concern
relative to drinking water abstractions.
Infection with Harmful Micro-Organisms
Sewage and animal wastes contain pathogenic micro-organisms (viruses, bacteria,
protozoa and intestinal parasite eggs).
Endocrine-Disrupting Substances
These have been raised as a concern as the result of a number of studies and are
thought to be responsible for some biological and possible physiological changes
to humans and animals.
Phosphate
Effects of too much phosphate in water include excessive growth of plants, which
when they die cause oxygen depletion in the water, i.e. eutrophication.
Environmental Capacity, Dilution and Dispersion

National freshwater systems have a capacity for apparent purification of polluted
discharges.
The limits for discharges into a watercourse from a sewage treatment works are set
in EU Directive 91/271/EEC and the subsequent Urban Waste Water Treatment
Regulations 1994.
In practice, dispersion as well as effective dilution is sometimes difficult to obtain; and
streaking of rivers downstream of the discharge occurs frequently.
As a result, there is often considerable deterioration in river water quality below any
polluting outfall.
Effect of a Polluting Discharge on a River

The relative ‘health’ of a river can be shown by the amount of dissolved oxygen in the
water.
Oxygen is essential to provide a healthy ecosystem.
The amount of oxygen will determine what can survive; e.g. salmon need at least 5
mg/litre.
Discharges To, Or Abstraction From, Controlled Waters

Legislation Summary
The Water Resources Act 1991 and Environmental Permitting Regulations 2010
These cover water resource management, water abstraction licences, fisheries, flood
defences and the protection of surface waters and groundwater.

In Scotland, the management of water resources is covered in the Water Resources

(Scotland) Act 2013.
Environment Agency Duties under the Water Resources Act 1991
The duties of the Environment Agencies include setting Water Quality Objectives,
granting consents to discharge into controlled waters, preventing and controlling
pollution, controlling fisheries, licensing water impoundments and abstractions,
and flood defences.
Regulations under the Water Resources Act
An example of Regulations made under the Act is the Control of Pollution (Oil
Storage) (England) Regulations 2001.
Environmental Permitting Regulations 2010
Under the Environmental Permitting Regulations 2010 the Environment
Agency or Natural Resources Wales are responsible for granting permits for
discharge into surface waters (water discharge activity).
Discharge Consent Procedures for Trade Effluent and Red List Substances
Water Discharge Activity Permits
In determining whether an application for a water discharge activity permit should be
granted, the Environment Agency/Natural Resources Wales will consider the existing
concentrations of substances in the watercourse and set limits on discharges to ensure
Water Quality Standards are not breached.
The water discharge activity permit is usually subject to conditions such as:
The places for discharges and the design and construction of the outlets.
The nature of such discharges and periods allowed for discharge.
The steps to be taken for minimising the polluting effects.
Sampling facilities.
Conditions Placed on a Consent to the Sewerage System

The terms of a consent will be set so that the effluent will not harm:
The sewage treatment process.
Those people who work in the sewerage system.
The sewerage system itself.
Costs for Discharge

The fees for discharge are based on four factors:
Volume of discharge, which relates to the maximum volume of discharge permitted
each day.

Discharge consent conditions.

Receiving water.
Financial factor (annual charge set by the Environment Agencies).
Duties of Operators of Prescribed Processes

As with other areas of the Environmental Permitting/PPC regimes, the operators of
installations must use the Best Available Technique (BAT) to prevent discharges to
water and, where this is not practicable, discharges should be minimised.
Duties to Prevent Pollution

The main legislative controls for the protection of water are to be found in the
Environmental Permitting (England and Wales) Regulations 2010 and the Water
Industry Act 1991.
The Environmental Permitting Regulations set out the requirements for the
protection of controlled water, whereas the Water Industry Act controls the sewerage
system.
The Environmental Damage (Prevention and Remediation)(England) Regulations
2015 (as amended) also cover damage to water.
Control of Pollution (Oil Storage) (England) Regulations 2001

A particular problem has been identified with regard to the storage of oils, which has
resulted in a large number of pollution incidents.
These Regulations apply to commercial sites storing over 200 litres of oil and domestic
premises storing over 3,500 litres of oil.
The main points of the Regulations are:
Oil shall be stored in a container of sufficient strength.
The container must be situated in a secondary containment system of not less than
110% of the container’s capacity.
Valves, draw-off pipes, etc. must be within the secondary containment system.
Any drum (over 200 litres) must have a drip tray of 25% of the drum capacity.

Similar regulations are in place in Scotland and Northern Ireland although the
requirements are slightly different.
Prevention of Pollution from Fire-Fighting Water Runoff

If a fire occurs, hazardous substances could easily be transferred to a surface water
body via a surface water drain.
Control measures which can be implemented include the following:
Containment lagoons and sacrificial areas are often built which are of a capacity for
the volume of fire-fighting runoff expected.
Penstock valves can be used to isolate drainage in the event of a fire.
The relevant authorities should be consulted and informed as to the method
chosen.
Hazardous materials should always be stored within a bunded area.
Fire-fighting strategies should consider methods to reduce runoff if possible.
Cost Recovery by the Environment Agency

Cost recovery schemes are implemented in the UK for many EA functions, e.g.
discharge consents under the regulations governing water.
They are in line with the EU philosophy that the polluter should pay.
Effect of Prohibition Notices and Works Notices

Prohibition Notices
Schedule 22, paragraph 9 of the Environmental Permitting Regulations 2010 allows
for the serving of prohibition notices by the relevant enforcing authority.
This may result when a person is carrying on, or proposing to carry on, any activity on
or in the ground which might lead to a discharge of a pollutant that results in the direct
or indirect input of that pollutant to groundwater.
Anti-Pollution Works Notices

Under the Environmental Permitting Regulations 2010, the regulator has powers to
carry out work necessary to prevent or mitigate serious pollution.
If the regulator intends that steps are taken, it must inform the operator of the steps
five working days before they are taken.
SEPA has similar powers in Scotland under Section 46 of the Control of Pollution Act
1974.

Duties in Respect of Water Abstraction Licences or Impounding Licences

Water abstraction is defined in Section 221 of the Water Resources Act 1991 as
doing anything whereby any water contained in any source of supply is removed from
that source, temporarily or permanently.
Abstraction licences are required (Section 24) for abstraction and for impounding
water.
The Water Act 2003 introduced changes so that abstractions under 20 cubic metres
per day do not require a licence.
Water Usage
Section 102 and Schedule 22 of the Environment Act have the effect of inserting a
new section into the Water Industry Act 1991.
This places water companies under a duty to promote the efficient use of water by
their customers. The Director General of Water Services is empowered by the Act to
determine and publish requisite standards in order to meet the duty.
Offences under Water Pollution Law

Water Pollution Offences
It is an offence under Regulation 12(b) of the Environmental Permitting Regulations
2010, except under the extent authorised by an environmental permit, to cause or
knowingly permit a water discharge activity or groundwater activity.
Salmon and Freshwater Fisheries Act 1975

This Act gives the Environment Agencies the power to prosecute polluters of surface
waters containing fish life.
Controls
Pollution Prevention
A number of broad instruments are available to bring about pollution control.
Examples include:
Development control (planning).
Pollution Prevention Guidelines.
Powers to do works/serve notices under the Environmental Permitting
Regulations.
Publicity and education.

Drainage Systems
There are two basic types of drainage system:
Surface water drains are designed to carry clean, uncontaminated rainwater from
roofs, roadways and hard-standings.
The foul water drains carry dirty or contaminated water to a sewage treatment
works, where it undergoes processing before being returned to a river, or to the
sea.
Options for Waste Water Disposal

A number of options are available to companies who need to dispose of waste
effluents, e.g.
To discharge directly to a controlled water.
To discharge to a controlled water after treatment.
To discharge directly to a foul water sewer.
To discharge to a foul water sewer after pre-treatment.
Practical and Managerial Means of Preventing Pollution

Managerial Means
Example: Environmental Management System.
Practical Means
Identifying Drains
Many companies or businesses do not know where the drains are or what type (i.e.
SWS or FWS) they are.
A drainage plan of a site is a necessity for effective pollution control. Education as
to the uses of different drains is also important.
It is recommended that surface water drains be painted blue and foul water drains
red.
Bunding
Bunds should be sturdily constructed of, or lined with, material impervious to the
substance to be contained.
They should comprise a base and surrounding walls (with no damp course).
The capacity of the bund should be the whole capacity of the storage tank, plus
10%.
If there is more than one tank in the bund, the volume should be related to the
capacity of the largest tank.

Tanks may also be integrally bunded (sometimes known as double skinned);

however, they should still follow the same requirements as traditionally bunded
tanks.
Pipework
This should be above ground where possible.
Filler pipes should be within the bund and vent and overflow pipes positioned to
overflow into the bund.
Deliveries
Ensure delivery areas are isolated from the SW drains, in case of spillage.
Automatic cut-off valves should be fitted to oil delivery points to prevent over-
filling.
Oil-Water Separators - Interceptors
Interceptors are pieces of equipment used to separate oil and water. They are
normally placed in locations such as:
–– Oil storage and handling areas.
–– Commercial vehicle parks.
Interceptors require maintenance. Oil will float to the top and silt will sink to the
bottom. They must be cleaned regularly to ensure correct operation.
Spill Kits
The provision of a suitable spill kit in case of emergencies is sound practice.
These should be appropriate to the substances used on-site and training must be
given. Spill kits must be accessible, so their location is important.
Drum and IBC Storage
Requirements set for bunding of oil-containing drums are a drip tray of a capacity
of 25% of the volume of a drum. For IBCs containing oil the requirements are
110% of the largest container or 25% of the total volume of the containers -
whichever is greater.
Spillage Control Management
A pollution incident control plan should be prepared based on the following
spillage control hierarchy:
–– Contain at source.
–– Contain close to the source.
–– Contain on the surface.
–– Contain in the drainage system.
–– Contain on or in the watercourse.

All spillages must be cleaned up and disposed of in line with the requirements
of appropriate laws (e.g. Hazardous Waste (England and Wales) Regulations
2005).
Fuel Storage and Dispensing
Fuel storage and dispensing facilities present a significant environmental risk as a
result of incidents such as overfilling, vandalism and flooding.
Such sites should drain to the foul water system and staff should be trained in
delivery emergency procedures with all deliveries being supervised.
Controlling Diffuse Pollution

Controlling pollution from diffuse or non-point sources is quite difficult.
Increasing the retention and allowing small quantities of pollutants to soak into the
ground (e.g. from car parks) can reduce pollution.
Natural means have been used to combat non-point-source pollution.
Examples of natural means of controlling such pollution include swales (a broad ditch),
detention ponds, retention ponds, filter strips and soakaways.

1. Vandals have opened a drain valve on a fuel oil storage tank at a commercial
garage, causing several thousand litres of oil to enter site drainage, some of which
has found its way into a nearby river. The tank had no bund wall and was located
in close proximity to a walkway across a garage forecourt.
(a) Describe the steps that should be undertaken to minimise pollution from
the incident. (8)
(b) A statement issued by the company identifies that as they did not cause
the pollution as such, they are not liable for its consequences. Comment as
to why this would not constitute an effective defence against prosecution
from the regulator for causing or permitting pollutants to enter a controlled
water. (12)
2. A company has identified that its water supply costs are significant. Describe
suitable actions that could reduce the cost of water bills without significant capital
expenditure. (20)
3. An organisation possesses a water discharge activity permit under the
Environmental Permitting (England and Wales) Regulations 2010, for a discharge
of wastewater into a nearby river.
(a) Describe the management controls that need to be implemented to ensure
compliance with the permit conditions. (15)
(b) Outline the actions that could be taken by the Environment Agency if the
organisation breaches the conditions of the permit. (5)
4. Explain the main provisions for the regulation of discharge to groundwater of the
Environmental Permitting (England and Wales) Regulations 2010. (20)

Model Answers
Question 1
Interpretation
A very long question that requires careful reading. Underlining the key words is vital
in interpreting this question. Part (a) requires a description of measures that could
be taken to minimise pollution resulting from the incident. It is therefore asking for
mitigation measures rather than measures to prevent pollution (e.g. building a bund
wall). Part (b) requires comment on the effectiveness of the defence that has been put
forward by the company (valve was not opened by one of their employees and they
did not therefore cause the pollution).
Plan
(a) Isolation, containment, sealing drains, tracing drains, booms, dispersant,
notifying EA, notifying sewage undertaker, removing contaminated material,
decontamination.
(b) EP Regs 2010, tank provision, foreseeability, vandalism (and lack of prevention
measures), oil storage regulations, guidance, lack of containment, non-
compliance, vandals.
Suggested Answer
(a) The steps that could be taken to minimise pollution from the incident include:
Isolating the oil leak to stop further oil from leaking.
Containing the spill with absorbent material or booms/bunds.
Sealing drains to prevent further oil from entering them.
Tracing drains and containing oil within drains where it is found.
Placing booms across watercourses where oil is found to absorb the oil.
Spraying oil dispersant onto the oil that has escaped to a watercourse.
Notifying the sewage undertaker if the oil spillage enters the foul water
system.
Notifying the Environment Agency if the oil enters the surface water system.
Removing materials contaminated with oil (e.g. contaminated absorbent
material/waste oil) and disposing of them appropriately.
Decontaminating all surfaces that have had oil spilled on them.

(b) Under the Environmental Permitting Regulations 2010 Section 12 (1)(b) it is an

offence to cause or knowingly permit polluting matter to enter controlled water.
By providing an oil storage tank this is a positive act that contributes to causing
an incident. Vandalism is a common offence that is easily foreseen and was a
definite possibility in this scenario. Neglecting to guard against such vandalism
was a serious omission by the company that is likely to increase the chances of a
successful prosecution under the Environmental Permitting Regulations 2010.
Additionally oil storage is a known high risk activity to water and the Control
of Pollution (Oil Storage) (England) Regulations 2001 have requirements for
oil storage including ensuring that tanks are provided with adequate secondary
containment (which was not the case in this scenario). This is backed up by the
Pollution Prevention Guidelines for the storage of oil. The lack of compliance
with the above would also vastly increase the likelihood of a successful
prosecution. Under the Environmental Permitting Regulations 2010 there are only
two defences available and these are that it was an emergency or the polluting
matter was from de-watering a mine. Clearly neither of these apply.
If the vandals had been identified then they could also be prosecuted for their
action in jointly causing pollution to occur at the site.
Question 2
Interpretation
This question requires a description of methods that can be used to control
consumption of water that do not require a great capital expenditure. It is a relatively
straightforward question to interpret. However, it must be ensured that the measures
described have no - or very low - financial cost. Any measures that require a large
capital outlay will not gain marks. For questions such as this a simple listing will not
gain full marks - a full description of relevant methods is required.
Plan
Management, monitoring, patterns of use, action plan, mass balance, staff awareness,
controlling plant, efficient equipment, rainwater, treatment, evaporative loss,
abstraction and leaks.
Suggested Answer
Methods could include:
Ensuring that management are committed to the process through development of
a formal policy statement and/or improvements to the company’s management
system.
Monitoring water consumption (this could be achieved by reviewing bills or
installing water meters) and setting targets for water savings.

Reviewing current patterns of water use and identifying common trends and
linkages with certain types of high consumption activities (e.g. cleaning).
Developing and implementing an action plan to ensure that targets are achieved.
Undertaking a water mass balance to determine the inputs and outputs of water at
the site.
Raising staff awareness through training, briefings, poster campaigns and
suggestion schemes.
Controlling plant use, e.g. turning off equipment when not in use.
If cost-effective (as short a payback as possible), replacing equipment with types
that use water more efficiently (e.g. controlled flushing of urinals).
Using collected rainwater rather than town water where possible (e.g. for outside
cleaning).
Treating wastewater from process rather than discharging off-site.
Lowering process temperature so as to reduce the amount of water that is lost
through evaporation.
Abstracting water for use at the site (providing a licence is gained for this to occur).
Checking for leaks and ensuring that a planned preventative maintenance system is
in place so that they are fixed as soon as possible.
Question 3
Interpretation
The question states that the company is already in possession of a permit so simply
explaining that the company needs to apply for a permit would not gain any marks.
The term ‘management controls’ is quite broad and can constitute parts of an EMS
provided to ensure that the company meets the requirements within its permit.
Plan
(a) Monitoring, control of discharges, responsibilities, training/information,
emergency response.
(b) Informal (letter, advice), enforcement notice, appeal, revocation, anti-pollution
works, clean-up costs.

Suggested Answer
(a) Management control could include reference to the following mechanisms to
ensure compliance:
Monitoring - regular sampling of the effluent prior to discharge into the
stream. Following analysis the results should be compared against the
parameters that are stated in the permit (e.g. rate of flow, pH, BOD, oil
content, etc.). Such comparisons against the limits in the permit will assist in
identifying trends and any potential breaches of the conditions.
Control of discharges - having good knowledge of the drains on the site and
where they lead to is vital. A drain plan should therefore be constructed
identifying foul and surface water drains and where they discharge external to
the site. There should also be some control over discharge into site drainage
inlets. This could be achieved by marking drains (e.g. red for foul, blue for
surface water) and training staff as to what can be emitted to each.
Responsibilities - there should be clear and accurate authority and
accountabilities for key actions that need to be undertaken to ensure permit
compliance, e.g. monitoring, control, emergency response, etc.
Training/information - training should be given such that all relevant staff and
third parties (e.g. contractors) are aware of the system to control discharges.
Emergency response - in order to ensure that permit conditions are not
breached during an emergency situation it should be ensured that there are
plans for an emergency, e.g. spillages of liquid materials. This would need
to include identification of the possible emergency, in addition to what is
required when it does occur (links with training). Emergency plans should
also be tested (perhaps by allowing staff to clean up a spill of a non-hazardous
material). Adequate spillage response equipment such as bunds, absorbent
materials, PPE, etc. should also be provided at appropriate points around the
site.
(b) Actions that could be taken by the Environment Agency include issuing informal
advice or a letter stating the problem and possible solutions. An enforcement
notice could also be issued that would detail specific measures and a timeframe
by which matters should be put right (right of appeal). Prosecution may also
occur against the company and/or Directors and managers directly. In some
extreme cases the permit may be revoked, meaning that the discharge to the
stream can no longer occur. The EA can also remedy the pollution and charge the
offending company for the cost of taking such measures (including investigation
of the incident) under the Anti-Pollution Works Regulations 1999. There are
other associated costs that may be incurred, e.g. clean-up costs.

Question 4
Interpretation
A question that requires a thorough understanding of the Environmental Permitting
Regulations 2010. It is a relatively straightforward question which simply requires a
clear account of the provisions of the Regulations.
Plan
Permit (hazardous substances and non-hazardous pollutants).
Hazardous: reasons for not giving authorisation - disposal/tipping, indirect
discharges (prior investigation).
Non-hazardous: disposal/tipping, indirect discharges (prior investigation).
EA monitoring, four-year review, required format and charges, refusal to grant,
further definition of investigation.
Suggested Answer
The Environmental Permitting Regulations 2010 are enforced by the Environment
Agency/Natural Resources Wales through the granting of an environmental permit for
discharges to groundwater that may contain hazardous or non-hazardous substances as
listed in the Regulations.
The EA/NRW cannot issue a permit for any hazardous substance that is listed if the
following circumstances apply: there is direct discharge to groundwater; disposal
or tipping occurs; the substance is likely to contaminate groundwater; any activity
that may lead to an indirect discharge occurs (unless prior investigation has shown
that entry of the substance cannot occur or the groundwater is not suitable for use
on a permanent basis). There are certain situations where water containing a listed
substance is allowed, e.g. reinjection of water into the same aquifer that has been
abstracted for geothermal power; water that has been pumped from quarries and
mines; water that has been pumped out for the purposes of civil engineering.
For non-hazardous substances an investigation must occur before a permit is granted
for direct discharge, or any disposal or tipping activity that may lead to indirect
discharge. A permit will only be granted if technical measures have been implemented
to prevent pollution of groundwater by non-hazardous substances.
If a permit is granted the EA/NRW has a requirement to monitor such discharges.
Permits must be reviewed on a four-year basis. The application for a permit must be
put in the required format and fees must be paid.
There are provisions for appeal within the Regulations or for refusal to grant a permit.
Prior investigation is also defined further such that it includes an examination of the
hydrogeological conditions; the ability of the soil to remove hazardous and non-
hazardous substances prior to entering groundwater, in addition to the risk of pollution
or changing of the constituent quality of the groundwater from the discharge.

Element 12: Control of

Environmental Nuisance
Environmental Noise
Basic Acoustics
Sounds are the result of air being continually
compressed followed by rarification.
The frequency or number of times the compression takes place per second will
determine the pitch.
The pressure exerted by the energy input will determine the loudness.
The pressure fluctuation of sound may be described as a sine curve or wave.
Definitions Associated with Acoustics

Pressure: ‘sound’ is the sensation which the brain perceives when pressure
variations in the air are detected by the ear.
Sound is the transmission of energy as vibration.
‘Loudness’ depends on the sound pressure and frequency.
Frequency: ‘Hertz’ - the number of times a vibrating system completes a cycle of
movement in one second.
Wavelength: is the speed of sound divided by the frequency.
Amplitude: is proportional to the energy of a sound wave.
Pitch: describes the type of sound we hear, such as shrill or piercing (as from a hiss
or whistle).
Intensity: the rate of energy flow per unit area transmitted as a sound wave.
Power: Sound Power Level (SPL) is the total energy per second expressed in
decibels (dB).
Weighting Scales
Sound is measured as sound pressure.
The lowest sound intensity that the human ear can hear is about 1×10-12 Watts per m2
when the sound frequency is 1,000 Hz.
As this is too large a scale to be represented linearly, a logarithmic scale to represent
the range of normal sound and hearing is used.

The Bel (B) and deciBel (dB) Scales

As a Bel is very large, it is normally divided by ten to give the decibel.
Sound is measured in decibels, which is a logarithmic scale.
It is important to note that an increase of three dB doubles the sound intensity.
A decrease of three dB halves the sound intensity.
Noise-Weighting Scales
Meters are used to measure sound and they are designed so that they mimic the
ear’s response.
The usual scale of measurement is corrected or weighted.
The most usual weighting is the ‘A’ scale, e.g. dB(A).
Percentile Sound Levels

Ln is a parameter used to express the amount of time a certain level of noise is
exceeded, e.g. L10 is the level exceeded for 10% of the time period.
Equivalent Continuous Sound Pressure Level

The Leq is an average of the energy of the sound.
The noise dose received by a person is the product of the noise level and the duration
of the exposure.
The Control of Noise at Work Regulations 2005 establish the exposure criteria
associated with lower and upper exposure action values and exposure limit values.
Measurement of Environmental Noise

The protection of workers’ hearing is covered in the Health and Safety at Work,
etc. Act 1974 and particularly, the prevention of damage to hearing in the Control of
Noise at Work Regulations 2005.
Environmental noise measurements have been standardised by ISO 1996 Acoustics -
Description, Measurement and Assessment of Environmental Noise.
BS 4142:2014
This standard can be used to assess the impact of industrial and commercial sound
sources. The method used is as follows:
The specific sound under investigation is measured and a rating added if the
sound has a characteristic that is likely to increase significance of the impact. This is
known as the rated sound.
Then the background sound level is measured.
The difference between the rated sound and the background sound levels is used
to assess the significance of the impact.
Control of Environmental Nuisance

Legislative Requirements and Guidance Applying to Environmental Noise
and Nuisance
A number of statutes have been passed by the UK Government in order to control
noise levels from different sources, e.g.:
Environmental Protection Act 1990, Part III.
Control of Pollution Act 1974.
Town and Country Planning Act 1990.
Noise Act 1996.
Entertainment Noise
Codes of Practice/guidance have been prepared in relation to Clay Target Shooting,
Noise from Model Aircraft, etc.
Many local authorities have now established out-of-hours teams of noise control
officers who are authorised to warn and, where necessary, issue noise abatement
notices under the noise nuisance procedures of the Environmental Protection Act
1990.
Noise Act 1996

This Act deals with noise nuisance, particularly with night-time noise from domestic
properties.
The Anti-Social Behaviour Act 2003 amended Sections 2 to 9 of the Noise Act
1996, making it easier for local authorities to take action against night-time noise.
Sections of the Act dealing with night-time nuisance are ‘adoptive’, i.e. the local
authority must decide to implement the provisions of the Act in their area.
Seizure of Noise-Making Equipment

Under the Criminal Justice and Public Order Act 1994, the police may confiscate
sound amplification equipment from illegal parties, dances or raves, where the music is
characterised by repetitive beats.
Noise in the Street

The introduction of the Noise and Statutory Nuisance Act 1993 enhanced the
powers available to local authorities to control noisy loudspeakers in the street, noisy
car repairs, and noise from car radios and parked refrigerator vehicles.

Noise Emission in the Environment by Equipment for Use Outdoors Regulations

2001
Manufacturers of 35 categories of equipment intended for use outdoors are required
to attach a label showing its “guaranteed sound power level”.
A further 22 categories have to be guaranteed to meet specified sound levels.
Duties in Respect of Construction and Demolition Noise

Section 60 of the Control of Pollution Act 1974 gives local authorities the power to
serve a notice imposing requirements relating to noise controls and the duration and
manner in which construction activities are carried out.
The Control of Noise (Code of Practice for Construction and Open Sites)
(England) Order 2015 gives approval to BSI Codes of Practice on noise and vibration
minimisation methods (BS 5228); it applies to all construction and other open sites.
In regard to vibration, Regulation 3(4) of the Control of Vibration at Work
Regulations 2005 places an employer under a duty to include in his risk assessment
any other person (i.e. non-employees) who may be affected by the work he carries out.
Local authorities must take the content of the National Planning Policy Framework into
account in preparing their development plans.
The Town and Country Planning Act 1990 and the Town and Country Planning
(Use Classes) Order 1987 provide a system whereby unacceptable noise
developments in a quiet area or noise-sensitive developments in any existing noisy area
may be refused planning permission.
Duties in Respect of Noise Emissions from Industrial Premises

An operator has a defence against any statutory noise nuisance enforcement action.
This defence is the use of Best Practicable Means (BPM).
The onus is on the operator to prove that BPM has been applied in relation to the
circumstances.
Definition of Statutory Nuisance

Under Part III of the Environmental Protection Act 1990, a noise may be defined as a
statutory nuisance.

Duties under the Environmental Protection Act 1990, Part III in Respect
of Statutory Nuisance
Local authorities are required to inspect their areas periodically and investigate any
complaints they receive regarding statutory nuisances.
Where the local authority is satisfied that a statutory nuisance exists, or is likely to exist,
it must serve an abatement notice.
Offences Relating to Statutory Nuisance

Failure to comply with an abatement notice issued by the environmental health officer
is a criminal offence subject to an unlimited fine in a Crown Court or Magistrates’
Court. Fines can be issued on a daily basis for as long as the nuisance continues.
Actions against statutory nuisances may also be brought by private individuals who feel
aggrieved about a particular nuisance. Aggrieved persons can apply to a Magistrates’
Court for a statutory nuisance order.
A defence against an abatement notice or nuisance order is to show that the ‘best
practicable means’ were employed to prevent or reduce the nuisance.
This part of the EPA does not apply to Scotland. However, there are some
modifications made to the Public Health (Scotland) Act 1897.
Other Sources of Noise

Anti-Social Behaviour
Causing noise at night can be classed as a form of anti-social behaviour (Anti-
Social Behaviour Act 2003). The Act also allows a local authority to issue a
closure notice on premises causing a public noise nuisance.
Aircraft Noise
Aviation noise is covered in numerous ways including planning, licensing of
aerodromes and consultation.
Road Traffic Noise
Noise levels are set for vehicles and vehicles must be fitted with an efficient
exhaust silencer. Road users are required not to make excessive noise or run an
engine unnecessarily.
Household Appliances
When manufacturers supply information on noise they must undertake tests to
various recognised standards under the Household Appliances (Noise Emission)

Engineering and Procedural Control Measures and Strategies

Primacy should be given to minimisation or reduction at source.
After this comes substitution, followed by isolation and the provision of various
barriers. Ear defenders (PPE) should be considered as a last resort.
Noise Sources - Isolation and Enclosure

Pathways
Noise travels at different rates through different materials.
The sound heard by the recipient will therefore vary according to a number of
factors, e.g. the distance between the source and the receptor, any barriers or
buildings, etc.
Noise Attenuation
In the open air, sound decreases by 6 dB for every doubling of the distance away
from the source.
The effect of distance is to decrease the intensity of the sound as the sound travels
further from the source.
Barriers
In the workplace, sound barriers may comprise acoustic screens, enclosures and
silencers.
The design of acoustic barriers is a specialist subject requiring the assistance of a
qualified sound engineer.
Proprietary damping compounds may be purchased and used to reduce noise.
An enclosure made from a ‘sandwich’ comprising two separate skins of material
separated by an absorbent compound will provide improved sound deadening.
Relationship Between Inside Noise and Outside Environment

Noise levels of 85-95 dB(A) inside a building can be related roughly to expected noise
outside for a given set of circumstances.
Taking an ‘average’ level of building insulation, such as that provided by lightweight
single-skin cladding and open doorways, the noise will be reduced over distance but
will still be appreciable.
Environmental Noise Barriers
Suitable barriers could be high walls or fences, purpose-built earth berms or bunds,
or other buildings in the vicinity of the noise source.
Noise can be refracted round obstacles, literally travelling round corners.
Therefore, hiding a piece of noisy equipment from view will not stop the noise.
A barrier such as a wall or fence will only have a limited effect.

Equipment - Fans, Ventilation, Openings, etc.

Changes in the layout of buildings or equipment may be possible, even if
total reorganisation is not practicable. Some practical solutions which may be
applicable:
–– Shutting off public address systems and preventing use of radios.
–– Repositioning doorways and compressor houses away from residential
housing.

1. A car parts manufacturing company, located in a largely residential area, only
operates a day shift. Having secured a new contract, it is now proposing to
introduce a night shift. Describe:
(a) The potential sources of night time noise from the proposal that may cause
complaints. (8)
(b) How night time noise disturbance could be assessed by the company. (12)
2. Local residents have complained of drivers of heavy goods vehicles leaving
engines running when making deliveries to a warehouse at night. One resident
claimed that the noise and vibration has stopped them from working for several
weeks due to nervous exhaustion.
Describe the legal actions that are relevant to the scenario, clearly stating what
would need to be shown for the actions to be successful in addition to the
remedies that a court may find. (20)
3. A company is planning to construct a new warehouse facility alongside its
adjoining factory. Residents living near to the proposed site have complained that
construction site noise could be a nuisance for them.
(a) Identify typical sources of noise emission that may occur during
construction works. (8)
(b) Explain how section 60 and section 61 of the Control of Pollution Act 1974
could be used to give the company some protection against action taken by
the local authority under Statutory Nuisance. (12)

Model Answers
Question 1
Interpretation
Part (a) is relatively straightforward and requires a description (not a list) of sources of
potential noise nuisance at the site. These could be many and varied.
For part (b) a description of the British Standard BS 4142 is required, making sure that
the answer quotes night time noise.
Plan
(a) Potential sources - traffic, forklift trucks, delivery vehicles, machinery/equipment,
general factory noise, tannoys, radios, shouting.
(b) BS 4142 - background noise, site noise, difference, comparison with standard,
tonal nature/impact, other issues (e.g. current noise sources and sensitivity of
local residents).
Suggested Answer
(a) Night time noise is a common cause of nuisance to residents living near to
industrial facilities. There are various noise sources that could be described, e.g.
traffic to and from the site (including employees’ cars), forklift trucks, delivery
vehicles, process machinery and equipment, noise from the site generally
escaping through doorways and windows, tannoys, radios, employees shouting
instructions.
(b) A noise assessment can determine the likelihood of complaints being caused by
the activities of the company at night. This could be achieved by following the
requirements of BS 4142 which identifies the method for undertaking a noise
assessment for industrial noise The steps that would have to be taken in line with
BS 4142 include initially calibrating the sound level meter. The measurement
location should then be chosen, which should be outdoors, at a representative
location of height and away from reflecting surfaces. Precautions should be
taken to reduce microphone interference in addition to recording of weather
conditions. The specific sound level from the site should then be measured for an
appropriate period (recommended 15 minutes at night). Background sound level
should then be determined. In order to take into account elements of sound that
can increase the likelihood of complaints, a suitable rating factor can be added
to the specific sound. The difference between the rated sound and background
sound is used to asses whether complaints are likely. A difference of greater than
10dB means the rated sound is likely to have a significant adverse impact, whereas
a difference of around 5dB means that the rated sound is likely to have an adverse
impact. Where there is no difference, then the rated sound is likely to have a low
impact. A report of the assessment should then be prepared covering specified
information, such as measurement locations, weather conditions, etc.

Question 2
Interpretation
The question requires careful reading so that the key words are highlighted and
understood. It requires a description of nuisance, in particular in relation to civil law
(although statutory nuisance can be quoted also). As well as a description of possible
legal actions, factors influencing the likelihood of success should also be described, as
should the remedies available to the courts (injunctions, etc).
Plan
Common law nuisance, private nuisance - balance, factors, public nuisance, differences
from private, description, likelihood of success factors, negligence, statutory nuisance,
remedies (injunctions/orders, compensation for loss).
Suggested Answer
Common law nuisance violates the principles which the common law lays down for
the protection of the public and of individuals in the exercise and enjoyment of their
rights. A nuisance has also been defined as an act not warranted by law, or an omission
to discharge a legal duty, which act or omission obstructs or causes inconvenience
or damage to the public in the exercise of rights, the inability to enjoy one’s land or
property.
There are two types of civil law nuisance - private and public. Private nuisances
constitute some form of act, or failure to act, on the part of an individual or group
that results in obstruction, inconvenience or damage to another individual or group.
Private nuisance consists of continuous, unlawful and indirect interference with the use
or enjoyment of land, or of some right over or in connection with it.
Private nuisance is an attempt to preserve a balance between two conflicting interests.
To be successful, the claimant must show that he has an interest in the land or
property, i.e. he is the owner or tenant - visitors, for example, have no such rights. The
exception to this is that in the case of a child, the parent or guardian may complain on
his behalf, e.g. if noise from premises is keeping a child awake at night.
The court will consider whether the action complained of is reasonable, i.e. the courts
will take into account the extent of the damage, the seriousness of the harm, the
nature of the area, any general benefit to the area from the defendant’s activity, the
duration of the nuisance, any abnormal sensitivity on the part of the claimant, and
whether the nuisance was malicious or in the exercise of a right. Unduly sensitive
people cannot expect a higher standard of protection than everyone else.
Public nuisances have a direct effect on the public at large, e.g. obstruction of a public
right of way. This could be applicable to the local residents mentioned in the question
as they are being affected by the noise as a group.

Actions in respect of public nuisances can be initiated by residents. A public nuisance

can be defined as an act “which materially affects the reasonable comfort and
convenience of life of a class of Her Majesty’s subjects”.
Factors that will influence the likelihood of success include the conduct of the
company, any abnormal sensitivity of the residents (nuisance is not actionable unless
there is proof of damage - the damage must be sensed by reasonable members of the
public and it has to be capable of being seen, smelled, heard, etc. by more than the
claimant), character of the neighbourhood.
Negligence may also be relevant. Negligence implies a failure to do something that
would be expected in the circumstances (an omission) or careless behaviour (an act); it
is the lack of duty of care.
In order to sue successfully for negligence, there are three main points to establish:
That the drivers or the warehouse were under a duty of care to the local residents
(the injured person was the ‘neighbour’ of the defendant).
That the duty had been breached (noise was emitted).
That as a result of the breach the local residents suffered harm, the harm suffered
being not too remote from the breach.
From a criminal perspective the noise may constitute a statutory nuisance as identified
by the Environmental Protection Act 1990 Part III if it can be shown as being prejudicial
to health or a nuisance. The local authority has powers under the Act to issue an
abatement notice stating what should be done and the specified timescale, otherwise
prosecution could occur.
Actions in respect of nuisance and negligence may take the form of a personal claim
for damages and/or the obtaining of an injunction/order to stop or limit further
activities that are causing disturbance.
Question 3
Interpretation
Part (a) is an ‘identify’ question requiring a very brief explanation of the noise sources
that could cause noise to be emitted from construction. Visualising the potential
activities is the key for this one.
For part (b) an explanation of the relevant sections of the Control of Pollution Act
1974 is required. This should be in the context of protection against action by local
authorities under statutory nuisance.

Plan
(a) Access, transport on site, piling, tannoys, radios, people, compaction, mechanical
plant, deliveries, tools and equipment, impact noise, pumping of concrete
(b) COPA 74 Section 60 - LA issue notice, activities, limits.
COPA 74 Section 61 - advance consent, activities, limits.
BS 5228 (including parts) - defence, individual Magistrates’ Court.
Suggested Answer
(a) There are numerous different noise sources that could occur from the
construction activities, e.g. access to the site, transport on the site, piling, tannoys,
radios, noise from people (e.g. shouting), compaction (e.g. rollers and vehicles),
mechanical plant (e.g. excavation, mixers), deliveries to the site, tools and
equipment (e.g. drills and saws) and impact noise from the pumping of concrete.
(b) The Control of Pollution Act (COPA) 1974 Section 60 allows local authorities
to issue notices that state how construction work should be undertaken and
what the limits on noise should be. By complying with the requirements of the
notice the company has a defence against any further action. Under COPA 74
Section 61 the company can apply in advance for consent for the method of
work, etc. Compliance with the notice will again give the developer a defence
against further action. BS 5228 provides guidance for companies to comply with
Section 60 of COPA (Part 1 covers noise, whereas Part 2 covers vibration). No
noise limits are set in BS 5228 but compliance with the standard is a defence
(best practicable means) under the Control of Noise (Code of Practice for
Construction and Open Sites) (England) Order 2015.
An individual may apply to a Magistrates’ Court and the problem may still be
classed as a statutory nuisance even if the development complies with a Section
60 notice.

Element 13: Hazardous

Substances
Supply, Storage, Use and Transport of
Legislation Applying to Supply, Storage,
Use and Transport of Hazardous Substances
It is important for governments to ensure that there is a strong legal framework
in place so that both people and the environment are protected from releases of
hazardous substances.
Classification of Hazardous Substances

Examples of the Use of the Source-Pathway-Receptor Model in Respect of
Point sources - drains, vents and chimneys exhausting to water, air or land.
Diffuse sources - uncontrolled such as runoff of fertilisers and pesticides.
Pathways - chemicals may move through the environment by means such as
diffusion into the air or water, or through bioaccumulation.
Receptors - these include people, farm stock, plants, surface and groundwater
systems, and the land.
Breakdown and Absorption

Some chemicals may break down in water or be broken down by light, giving rise to
other substances.
Others may undergo biodegradation, which involves chemical breakdown by bacteria
into simpler products, such as carbon dioxide.
Classification of Hazardous Chemicals

There are two main reasons for the hazardous classification of chemicals - the supply
and use of the chemicals and their transport. Both of these aspects are regulated.
The European Regulation (EC 1272/2008) on Classification, Labelling and
Packaging of Substances and Mixtures covers the classification, information supply
and packaging of dangerous substances.
CLP consists of Hazard Statements and Precautionary Statements (covering
prevention, response, storage and disposal) which are represented by H- and P-
numbers.

Under CLP, specified hazard pictograms must also be used. These are in the shape of a
red diamond with a white background.
Under the EU Regulation (EC 1907/2006) on Registration, Evaluation,
Authorisation and Restriction of Chemicals (REACH), dangerous substances and
preparations supplied to users must be accompanied by a Safety Data Sheet.
Prohibitions and Restrictions Affecting Supply and Use of Hazardous

Substances
Section 140 of EPA 1990, Part VIII, covers general powers to restrict the importation,
use, supply and storage of injurious substances or articles.
Powers are given to the Secretary of State to make regulations covering these areas.
The Controls on Dangerous Substances and Preparations Regulations 2006
set restrictions on the use and marketing of listed substances such as cadmium,
mercury and lead compounds.
The Restriction of the Use of Certain Hazardous Substances in Electrical
and Electronic Equipment Regulations 2012 (RoHS Regulations) implement
Directive 2011/65/EU on the Restriction of the Use of Certain Hazardous
Substances in Electrical and Electronic Equipment. .
Export restrictions for chemicals are set by EU Regulation 649/2012.
The Detergents Regulations 2010 limit inorganic phosphate in detergents and
set an enforcement and testing regime.
Persistent Organic Pollutants (POPs) are substances that bioaccumulate in food
chains (e.g. Aldrin, DDT and PAHs). The EU POP Regulation (850/2004)
provides for banning of such substances in addition to measures to reduce their
formation and identifies how stockpiles of POPs should be managed.
Sulphur content of fuel is limited by the Sulphur Content of Liquid Fuels
(England and Wales) Regulations 2007.
Requirements for Notification, Permits and Marking of Sites where

Hazardous Substances are Present
Dangerous Substances (Notification and Marking of Sites) Regulations 1990, as
amended
The Regulations apply to any site with a total quantity (i.e. aggregate quantity) of 25
tonnes or more of dangerous substances.
Requirements of the Regulations include:
Persons in control of sites subject to the Regulations to notify in writing, the local
HSWA enforcing authority and the local fire authority.

No more than 25 tonnes of a dangerous substance may be present on site unless

specified.
Persons in control of sites, to which the legislation applies, to display warning signs.
Suggested Layout of Notifications for Sites with Dangerous Substances

To comply with Regulation 4(1) of the Dangerous Substances (Notification and
Marking of Sites) Regulations 1990, specified particulars are to be sent to the
relevant enforcing authority and the local fire authority.
Sites which hold and use hazardous substances are subject to many specific regulations
under health and safety law such as the COMAH Regulations.
Sites using hazardous substances may also be subject to the requirements to operate
under a permit under the Environmental Permitting Regulations 2010.
Planning, Notification and Control of Hazardous Substances

Changes in the quantity of hazardous substances stored and changes in the use of
hazardous substances within an installation that has planning permission are controlled
through the:
Planning (Hazardous Substances) Act 1990.
Planning (Hazardous Substances) Regulations 2015.
Applications to increase the quantity stored or to change the nature of the processes
involving certain specified chemicals must be made to the local planning authority.
They will then consult relevant authorities, such as the Environment Agency/Natural
Resources Wales and the HSE, before imposing storage and operating conditions.
The COMAH Regulations

The Control of Major Accident Hazards Regulations 2015 (COMAH) brought into
force the requirements of EU Directive 12/18/EU on the control of major accident
hazards involving dangerous substances.
The Regulations apply to premises which keep listed dangerous substances in quantities
exceeding stated thresholds.
Companies to which the Regulations apply must prepare a Major Accident Prevention
Policy (MAPP).
Details of the types and quantities of hazardous substances must be sent to the
competent authority.
The Regulations differentiate between those sites deemed to be of higher risk, due to
the quantities of dangerous substances stored or used (upper-tier), and lower-tier sites.
Under COMAH, there is a requirement that upper-tier sites produce a Site Safety
Report.

The Regulations are jointly enforced by the HSE and the Environment Agency/Natural
Resources Wales and SEPA as ‘the Competent Authority’.
Major Accidents
A major accident is described in COMAH as:
“an occurrence such as a major emission, fire or explosion resulting from
uncontrolled developments in the course of the operation of any establishment to
which these Regulations apply, leading to serious danger to human health or the
environment (whether immediate or delayed), inside or outside the establishment,
and involving one or more dangerous substances.”
All parts of this definition are necessary for an occurrence to be defined as a major
accident.
Major Accidents to the Environment (MATTEs)
The more extensive the areas and quantities of natural and semi-natural resources
damaged, the longer the effects are likely to last; and the more intense or severe
those effects, the more likely it is that the event will be regarded as a Major
Accident to the Environment.
Notification of Cooling Towers and Evaporative Condensers

Under the Notification of Cooling Towers and Evaporative Condensers
Regulations 1992, those premises with cooling towers or evaporative condensers
must notify them to the local environmental health department.
Asbestos
The control of asbestos in non-domestic properties is subject to the Control of
Asbestos Regulations 2012. The key duties include:
Undertaking of an assessment.
Keeping an asbestos register.
Assessing risk of asbestos fibres.
Developing a management plan.
Provide information to those who will work with the asbestos.
Monitor and review the plan.
Assessments required by the Control of Substances Hazardous to Health (COSHH)
Regulations 2002 (as amended) are often used as a source of information when
assessing and controlling significant environmental risks.
Transport by Road
The main legislation concerned is the Carriage of Dangerous Goods and Use of
Transportable Pressure Equipment Regulations 2009.

Principal Requirements of the Regulations

If the goods are dangerous, then the results of any accident such as the spillage of the
chemical, or the effects of the chemical such as fire or explosion, are likely to be serious
for the environment.
The main general requirements of the Regulations:
Training of all personnel involved in the carriage of dangerous goods.
Obligation on all those involved to comply with general and special safety
measures.
Appointment of dangerous goods safety advisers.
Reporting of carriage-related accidents/incidents.
Adoption of general security provisions.
Classification of Dangerous Goods

For transport purposes, “dangerous goods” are substances or articles which can be
classified into groups such as explosive substances, gases, flammable liquids, toxic
substances, etc.
Dangerous Goods List

This is a table within ADR containing a whole host of information.
Once the appropriate UN number in the list is selected, the various columns reference
other places in the main text which tell you additional things, e.g.
Packing group (a broad indicator of danger level).
Appropriate labelling.
Allowable packaging.
Whether transportation in tanks is allowed.
Whether any special provisions must be observed.
Labels
Example of a dangerous goods label:

Danger Sign (Corrosive)
Transport Documentation
The transport document must accompany the consignment.
In general, the transport document must contain information such as:
Proper shipping name.
Label information (i.e. the numbers of the UN class labels required).
UN number.
Total mass or volume of each item of dangerous goods (i.e. each distinct UN
number).
Marking and Placarding of Vehicles

Any vehicle carrying dangerous goods must display a reflective orange panel at the
front of the vehicle and also at the rear as a minimum.
Some types of vehicle (such as tank vehicles) require additional orange panels,
incorporating UN number and emergency response codes (which give fire-fighting and
precautions advice in the UK).
Legislation Affecting Use of Pesticides

Pesticides and biocides are materials intended to destroy or control harmful organisms.
A common EU-wide framework for regulating pesticides and biocides has been
developed over the past 20 years and is implemented by two closely-related EU
Regulations:
Plant Protection Products Regulation 1107/2009.
Biocidal Products Regulation 528/2012.
The model for regulating both plant protection and biocidal products is a two-step
procedure:
(a) Approval of active substances.
(b) Authorisation of plant protection or biocidal products.
Implementation of the EU Regulations is as follows in the UK:
Plant Protection Products
Implementation of EU Plant Protection Products Regulation 1107/2009 is
facilitated by the following UK regulations:
–– Plant Protection Products Regulations 2011.
–– Plant Protection Products Regulations (Northern Ireland) 2011.
–– Plant Protection Products (Fees and Charges) Regulations 2011.

Prior to the introduction of the EU Plant Protection Products Regulation,

the sale and use of pesticides (and some biocides) were regulated in the UK
through statutory powers contained within Part III of the Food and Environment
Protection Act (FEPA) and implemented by the Control of Pesticides
Regulations 1986 (COPR). COPR is still used to regulate some commodity
substances used in crop control and products used to aid fruit-ripening.
Biocidal Products
EU Regulation 528/2012 is directly applicable in the UK.
Transitional arrangements still apply to certain products that were already
approved through either the previous UK Biocidal Products Regulations, or
COPR.
The Chemicals Regulation Directorate of the HSE acts as the Competent Authority for
the authorisation of plant protection and biocidal products in the UK.
Sustainable Use of Plant Protection Products

EU Directive 2009/128/EC establishes a number of requirements on member states
to ensure that authorised products are used in a sustainable way.
These requirements are implemented in the UK through the Plant Protection
(Sustainable Use) Regulations 2012.

1. You have recently identified a number of drums of flammable solvent on a
grassed area at the back of the site.
(a) Draft a memo to senior management, explaining why such storage is
inappropriate. (12)
(b) Describe, with the help of sketches, the main features of a suitable storage
facility. (8)
2. Demonstrate your level of understanding of the terms below associated with
environmentally hazardous substances. Give TWO examples to help illustrate
your answer for each.
(a) Persistence. (4)
(b) Bioaccumulation. (4)
(c) Ecotoxicity. (4)
(d) Biotransformation. (4)
(e) Half-life. (4)

Model Answers
Question 1
Interpretation
Ensure that the question is closely read. The scenario is about solvents and not other
substances such as oils, acids, etc. Your answer should therefore be relevant only to the
storage of flammable solvents, e.g. oil storage regulations would not apply. For both
parts of the question the answer should be in the identified format - a ‘memorandum’
for part (a) and sketches and text for part (b).
Plan
(a) Ignition, leaks and spills, risk of prosecution (including relevant laws), civil liability,
poor publicity, breach of insurance conditions, EMS certification.
(b) Bunding, base impermeable, design specifications (fire-resistant building
materials, use of non-combustible materials), security, warning signs, ignition
(heat or sunlight), ventilation, separation from other buildings, emergency
equipment.
Suggested Answer
(a) The format of a memorandum should be followed taking into account issues
such as inappropriate storage of the drums, risk of the solvent in the drums
igniting, the risk of leaks and spillages occurring, the risk of the company being
prosecuted (Environmental Permitting Regulations 2010) for pollution of water,
contaminated land regulations if the land causes harm or pollution of water,
and any relevant waste legislation (if the solvent is waste). Compliance with the
Dangerous Substances and Explosive Atmospheres Regulations (DSEAR) 2002
also needs to be considered, in addition to breach of permit conditions if the
site has a permit under the Environmental Permitting Regulations 2010. Civil
liability should also be considered if the situation may be covered by the rule of
Rylands v. Fletcher, negligence, etc. resulting in damages to be paid if the contents
of the drums leads to harm. The incident may also lead to poor publicity and
be a breach of insurance conditions or environmental management system
certification (EMAS or ISO 14001).
(b) In describing and drawing a sketch for the scenario, features should include
bunding to contain any spillage or discharges, a base which is impermeable to the
contents of the drums, design specifications (fire-resistant building materials, use
of non-combustible materials), features to improve security (e.g. locks, fencing,
etc.), warning signs, methods to protect against ignition (heat or sunlight),
adequate ventilation arrangements, separation from other buildings, provision of
emergency equipment (e.g. fire-fighting materials and sprinklers).

Question 2
Interpretation
This question requires a short demonstration of your understanding of the terms
identified. It must be in relation to environmentally hazardous substances (not any
substances). In order to gain the full marks, in addition to a description of the term
two examples should be quoted for each.
Plan
(a) Persistence - resistance, mechanism, examples.
(b) Bioaccumulation - build up, above background, food chain, examples.
(c) Ecotoxicity - effects on ecosystem, examples.
(d) Biotransformation - changes, biological process, examples.
(e) Half-life - reduction, 50% concentration, examples.
Suggested Answer
(a) Persistence is the resistance to breakdown of an environmentally hazardous
substance. This may include chemical, physical and biological mechanisms
when under conditions that would normally be expected. Examples quoted
for persistent substances could include toxic metals (e.g. cadmium) and many
chlorinated organic compounds (e.g. CFCs).
(b) Bioaccumulation is when a substance has the ability to build up within plants and
animals (e.g. tissues and organs) above the usual background level. This may lead
to further accumulation of the hazardous substance up the food chain. Examples
of hazardous substances that bioaccumulate are mercury, cadmium, pesticides,
polychlorinated biphenyls (PCBs).
(c) Ecotoxicity is when a particular substance has toxic impacts upon one or more
members of an ecosystem. Any environmentally toxic substances could be
referred to as examples.
(d) Biotransformation is the change of a substance into another substance by the
action of an organism (often micro-organisms). Methylation of mercury is one
example which occurred in the Minamata Bay incident. Another example might
be breakdown of hydrocarbons by micro-organisms.
(e) Half-life is classed as the amount of time it takes for a substance to be reduced to
50% of its original concentration. Radioactivity is a good example, although the
concept of half-life could be applied to any substance.


Implications of Development
and Land Use
Developing and Managing Land
Classification and Protection of the
Countryside, Historic Features and Wildlife
Habitat
International Agreements
Ramsar Convention
This is an intergovernmental treaty which provides the framework for conservation
and wise use of wetlands and their resources.
All the sites are protected under wildlife legislation (through their notification as
Sites of Special Scientific Interest).
Bern Convention
The aims are to:
–– Conserve and protect all wild plants and animals, and their natural habitats.
–– Increase co-operation between States.
–– Give special protection to the most vulnerable and threatened species
(including migratory species).
European Sites
Natura 2000 is the EU-wide network of nature conservation sites comprising Special
Areas of Conservation (SACs) and Special Protection Areas (SPAs).
UK Biosphere Reserves
Biosphere Reserves are non-statutory protected areas that are protected for
conservation purposes.
The reserves are nominated by national governments to form part of a world network.
County or Regional Sites of Importance for Nature Conservation (SINCs)

SINCs are those sites identified due to their flora and fauna, which are of local or
regional value.
They are shown on local planning maps to protect them from development which
would affect their conservation value.

Ancient Woodland
Maps of such sites are maintained by local planning authorities and Natural England
maintains an Ancient Woodlands Inventory for England.
World Heritage Sites

The World Heritage Convention (adopted by UNESCO in 1972) was ratified by the UK
in 1984.
The Convention provides for the identification, protection, conservation and
presentation of cultural and natural sites of outstanding universal value.
Protection Given to Areas/Features Designated

National Parks
These are designated under the National Parks and Access to the Countryside Act
1949.
There are two main purposes for National Park designation:
To conserve and enhance the natural beauty, wildlife and cultural heritage of the
areas.
To promote public understanding and enjoyment of the special qualities of the
areas.
Proposals for any major development in a National Park must be in the public interest.
Areas of Outstanding Natural Beauty (AONBs)

These were brought into being by the same legislation as National Parks, i.e. the
National Parks and Access to the Countryside Act 1949.
They are landscapes of national conservation importance for their distinctive character
and natural beauty, but located outside of National Park boundaries.
AONBs are afforded the same protection as National Parks.
Proposals for any major development must be in the public interest.
National Nature Reserves (NNRs)

NNR status is granted by the Joint Nature Conservation Committee.
These reserves are areas of high national or international importance for nature
conservation.
Objectives are to secure protection and appropriate management of the most
important areas of wildlife habitat, and to provide a resource for scientific research.
Local Nature Reserves (LNRs)

These are created by local authorities under Section 21 of the National Parks and
Access to the Countryside Act 1949.

They are created in conjunction with the appropriate national authority in the interest
of conservation, amenity value and public enjoyment of the countryside.
Bylaws can be applied to LNRs.
Marine Conservation Zones (MCZs)

These are created to conserve nationally important marine habitats, geology and
geomorphology. Specific rules apply for each site based on conservation objectives.
Environmentally Sensitive Areas (ESAs)

‘Environmentally Sensitive Area’ is an EU designation identifying a statutory area where
the Government offers incentives to encourage farmers to:
Adopt environmentally sensitive farming practices.
Prevent damage that might result from certain types of agricultural intensification.
Restore traditional landscapes.
Sites of Special Scientific Interest (SSSIs)

An SSSI is an area that has been notified as being of special interest under the Wildlife
and Countryside Act 1981.
Owners or occupiers of a notified site must not carry out any specified operations on
that land, unless they have first notified the relevant conservation agency and fulfilled
any conditions which they may impose on consent.
Limestone Pavement Orders (LPOs)

Many sites have been designated as SSSIs but the Wildlife and Countryside Act 1981
allows for additional protection through the making of an LPO.
Once an LPO is in place, removal of rock “or its disturbance in any way” without a
reasonable excuse becomes a criminal offence with penalties matching those for SSSIs.
Special Areas of Conservation (SACs)

The SAC designation was created under the European Council Directive on the
Conservation of Natural Habitats and Wild Fauna and Flora (92/43/EEC)
(commonly known as the Habitats Directive).
SACs are selected for:
Their importance as natural habitat types and as habitats of the species listed in
Annexes I and II of the Directive.
Habitats and species of ‘Community interest’.
Special Protection Areas (SPAs)

SPAs are created under Article 4 of the EU Council Directive on the Conservation of
Wild Birds (2009/147/EC) (commonly known as the Birds Directive).

It requires EU member states to identify and classify the most suitable territories in size
and number for rare or vulnerable bird species and for regularly occurring migratory
birds.
Tree Preservation Orders (TPOs)

A TPO is an order made by a local planning authority and sometimes a county council,
which makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully
destroy a tree without the planning authority’s permission.
Conservation Areas
The Town and Country Planning Act 1990 imposes a duty on local planning
authorities to designate as conservation areas any “areas of special architectural or
historic interest, the character or appearance of which it is desirable to preserve or
enhance”.
Designation gives control over the demolition of unlisted buildings and provides
policies to preserve or enhance all the aspects of character or appearance that define
an area’s special interest.
Listed Buildings
Some buildings feature on a statutory list of buildings of “special architectural or
historic interest”.
They are compiled under the Planning (Listed Buildings and Conservation Areas)
Act 1990, on advice from Historic England.
In Wales this responsibility falls to the National Assembly for Wales on advice from the
Cadw agency.
In Scotland, Historic Scotland compiles the list on behalf of the Scottish Ministers, in
accordance with the Planning (Listed Buildings and Conservation Areas) (Scotland)
Act 1997.
Once listed, the building is immediately protected by law and any changes to it must
first receive listed building consent.
Historic Buildings - Listed Building Consent
The owner of a listed building has to apply for listed building consent to the local
planning authority to gain permission to conduct alterations.
Scheduled Monuments
Nationally important sites and monuments can be given protection by being
placed on a list, or schedule.
Only deliberately created structures, features and remains can be scheduled.
A building which is in use as a dwelling, or one used for worship, cannot be
scheduled.

Duty to Promote Biodiversity

Section 40 of the Natural Environment and Rural Communities Act 2006 requires
all public sector bodies to consider biodiversity in the work they do.
The aim of this is to raise the profile of biodiversity in England and Wales, eventually to
a point where biodiversity issues are fully integrated into decision-making in the public
sector.
Measures that can be taken by an organisation to reduce adverse impacts on
biodiversity include:
Purchasing wood products and timber from sustainable sources.
Using sustainable systems of drainage during schemes to produce new wetland
habitats.
Emissions control, e.g. noise.
Employing appropriate control techniques during development/ maintenance of
land/buildings to reduce disruption to plants and animals.
Training and awareness.
Auditing and surveying to assess biodiversity resource.
Location of development away from important sites.
Implementation of measures to enhance the local environment.
Design of sites and buildings to benefit biodiversity.
Management plans for beneficial timing of maintenance work, application of
chemicals and removal of vegetation.
Using native plant species.
Involving local communities in biodiversity projects.
Control of waste to prevent escape.
BS 42020:2013 Biodiversity - Code of practice for planning and development is a
British standard that has been developed to give guidance that makes sure action is
taken at each stage of the planning process to ensure that sufficient and appropriate
ecological information is taken into account.
BS 8583:2015 Biodiversity - Guidance for businesses on managing risks and
opportunities is a standard that has been developed to assist business in biodiversity
management.

Protection Given to Protected Species

The lists of protected species are reviewed every five years by the Joint Nature
Conservation Committee.
Details of the revisions may be obtained from Natural England, Scottish Natural
Heritage, Natural Resources Wales, or from the County Ecologist.
Birds
All wild birds, their nests and their eggs are protected by law.
The level of this protection depends on whether the bird is rare or endangered
(Wildlife and Countryside Act 1981).
Other Animals
Only selected species which are included in Schedule 5 of the Wildlife and
Countryside Act 1981 and Schedule 2 of the Conservation of Habitats and
Species Regulations 2010 are protected. These are creatures that are most at risk or
endangered.
Protection may be provided at a number of levels.
Plants
Schedule 8 of the Wildlife and Countryside Act 1981 and Schedule 4 of the
Conservation of Habitats and Species Regulations 2010 list the protected species.
A growing plant is the legal property of the landowner and therefore is subject to the
ordinary laws of property, as well as to the special conservation laws.
Invasive Species
Under the Wildlife and Countryside Act 1981 it is an offence to sell or offer for sale
non-native species that are listed in Schedule 9 of the Act.
Planning Requirements under the Town and Country Planning Act 1990
The Planning Framework
The planning system is largely ‘plan led’ - plans are made that outline what may be built
and where.
The two principal Planning Acts are:
Town and Country Planning Act 1990 (Town and Country Planning (Scotland)
Act 1997 in Scotland).
Planning (Listed Buildings and Conservation Areas) Act 1990, as amended by
the Planning and Compensation Act 1991.

The Overall Aims of Planning Legislation

Formulating Policy for Use and Development of Land
Planning control is exercised in a three-tier system consisting of national planning
policy, local development plans and neighbourhood plans.
National planning policy is prepared by the Government and is communicated
through the National Planning Policy Framework and associated Planning Practice
Guidance.
Below the national level, Local Planning Authorities (LPAs) develop Local Development
Documents (LDDs).
Local Planning
LDDs are prepared by LPAs, taking into account national planning policy.
The LDDs must also be made available to the public and be subjected to local
consultation and debate before being adopted.
The Town and Country Planning (Local Planning) (England) Regulations 2012
set out the form and content of LDDs.
Neighbourhood Planning
The Neighbourhood Planning (General) Regulations 2012 allow for
neighbourhoods to be closely involved in the planning process.
Development and Adjacent Industry
Many manufacturing industry managers have found themselves faced with
abatement notices resulting from planning permission being granted for residential
development close to their factory.
Unfortunately, once houses have been built and occupied and a noise, smell or
other emission has been accepted as being a statutory nuisance, the operators of
the processes are obliged to abate the nuisance.
Controlling Development of Land through the Planning System

Development Planning Controls
The definition of a development is specified in legislation and can be either:
–– “the carrying out of building, engineering, mining or other operation in, on,
over or under the land” ; or
–– “the making of any material change in the use of any buildings or other land”.
Development must in general have specific planning permission from the
appropriate district council.
Development does not have to involve any buildings.

Planning Conditions
Section 70 of the Town and Country Planning Act 1990 permits the local
planning authority to impose such conditions on a proposed development “as it
thinks fit”.
This wide discretionary power is subject to statutory guidance, judicial control and
central government policy.
Planning consent may be given without conditions, but this is rarely done.
Planning Conditions and Pollution Control
Government policy has been consistent in that planning conditions should not
be used to deal with pollution issues, which are subject to control under separate
environmental legislation.
It is widespread practice to impose conditions on noise levels from premises.
Assessment of Environmental Effects
The planning controls exercised over the development of potentially
environmentally harmful installations are implemented through the Town and
Country Planning (Environmental Impact Assessment) Regulations 2011 in
England and similar laws in other parts of the UK.
These Regulations require that an Environmental Impact Assessment must be
carried out on the environmental effects of specified developments.
They are listed in Schedule 1 of the Regulations and are commonly called Annex
1 Projects, as this list was contained in Annex 1 of the original EC Directive
85/337/EEC.
The Regulations replaced existing Environmental Impact Assessment Regulations
and implement the requirements of Directive 97/11/EC, which clarifies and
amplifies the existing provisions for EIA already set down in Directive 85/337/
EEC.
Strategic Environmental Assessment (SEA) Directive (2001/42/EC)
This Directive was implemented in England through the Environmental
Assessment of Plans and Programmes Regulations 2004 and in Scotland by the
Environmental Assessment (Scotland) Act 2005.
The objective of the SEA Directive is to provide for:
“a high level of protection of the environment and to contribute to the integration
of environmental considerations into the preparation and adoption of plans…. with
a view to promoting sustainable development”.

The Directive’s main areas of emphasis cover:

–– Collecting and presenting baseline environmental information.
–– Predicting and assessing the significant environmental effects of the plan.
–– Identifying strategic alternatives and their effects.
–– Consulting the public authorities with environmental responsibilities as part of
the assessment process.
–– Monitoring the actual environmental effect of the plan during its
implementation.
Contamination of Soil and Groundwater

Definition of Contaminated Land
Contaminated land is defined under the Environmental Protection Act 1990 as
being any land that is causing or could cause significant harm or pollution of controlled
waters.
Environmental Hazards Associated with Contaminated Land

Contamination can add constraints on the use of land due to the possible effects on
human health, flora, fauna, water quality and building materials.
Contaminated Land Regulations 2000 and Statutory Guidance on the

Regulations
Prior to the Contaminated Land Regulations 2000, there were already a number of
pieces of legislation relating to the management of contaminated land.
Part IIA of the Environmental Protection Act 1990

The Environment Act 1995 amended the EPA 1990 to introduce Part IIA:
Contaminated Land.
Regulations bringing the requirements into force are to be found in the Contaminated
Land (England) Regulations 2006:
Local authorities have the responsibility to identify ‘contaminated land’ within their
area.
They also have the powers to serve a remediation notice on the ‘appropriate
person’.
The local authority retains planning jurisdiction to deal with development of
contaminated land.
Obtaining planning permission for the development of a potentially contaminated
site will usually be subject to the completion of a satisfactory site investigation and
clean-up, as necessary.

The Environment Agency/Natural Resources Wales is a statutory consultee in

the planning process and contaminated land is a material consideration in the
planning process.
The Environment Agency, Natural Resources Wales and the Scottish Environment
Protection Agency (SEPA) are responsible for special sites.
They have the powers to prosecute polluters, e.g. for river pollution, and to serve
Notices to stop activities on a site that may have the potential to contaminate.
Duties of the Regulators in Respect of Contaminated Land

If land is identified as being contaminated, local authorities must determine whether
the land is a special site, i.e. the land is severely contaminated.
Appropriate Persons in Terms of Contaminated Land Regulations

The appropriate person in the context of this legislation is divided into two
categories:
Class A - persons who caused or knowingly permitted the presence of substances
which resulted in the site contamination.
Class B - persons who are the ‘owner/occupier’ in the event that the Class A
person cannot be found.
Exclusions from liability apply to both classes.
Statutory Guidance
Statutory guidance in the form of the Environmental Protection Act 1990: Part 2A:
Contaminated Land Statutory Guidance (April 2012) publication is available to assist in
interpretation of the contaminated land regime in England.
Effect of Remediation Notices

The authorities can serve a Remediation Notice requiring work to be carried out
(such Notices can be appealed against as with health and safety Notices).
In certain cases, the Environment Agency/Natural Resources Wales may be the
enforcing agency - this occurs when the degree or nature of the contamination
requires ‘special’ designation.
Designation as Special Sites

A site will be a Special Site if, e.g.
Acid tars are present in, on or under the land.
It is land which has been used for the refining of crude petroleum, oil extraction,
or other bituminous substances (except coal), or the manufacture or processing of
explosives.

It is land within a nuclear site.
Public Registers
Section 78R of the Environmental Protection Act 1990 requires each enforcing
authority to keep a public register to act as a record of all regulatory action taken by
the enforcing authority in respect of remediation of contaminated land.
The Environmental Damage (Prevention and Remediation)(England) Regulations
2015 (as amended) also cover active damage to land.
Methods of Investigating Contaminated Land and Groundwater

Site Investigation
The former use of a site can provide an indication of whether or not contamination is
likely to have occurred and what the nature of contamination may be.
There are a number of routes by which land may become contaminated:
Many of the older industries and mineral extraction operations gave rise to toxic
substances in the soil.
Depositing wastes can also lead to contamination of both the ground and any
associated groundwater.
Land can be deemed potentially contaminated due to the presence of a variety
of different contaminants, such as organic chemicals, acids, toxic metals or
hydrocarbons.
BS 10175:2011 +A1:2013 (this standard was amended in 2013)

This covers the investigation of potentially contaminated sites and also land with
naturally enhanced concentrations of potentially harmful substances.
The standard is designed for use by those who have some appreciation of the risk-
based approach to sites and site investigations.
The document outlines the process for setting the objectives of an investigation, and
sets a strategy for the investigation.
Stages in Site Investigations
Central to the whole process is the source-pathway-receptor principle.
–– Phase I - preliminary investigation (desk study and site reconnaissance).
–– Phase II - site investigation - may comprise an initial and supplementary
investigations.
–– Phase III - remediation (if required).
Soil and Water Sampling: Preliminary Investigation
The preliminary site sampling aims are as follows:

–– Locate underground pipes, storage tanks and other structures, and determine
their contents.
–– Locate, identify and measure soil contamination.
–– Measure groundwater or surface water contamination.
–– Detect, identify and measure gas or vapour migration from underground
storage tanks, landfill sites or other sources.
The preliminary sampling is aimed at providing sufficient information to plan a
comprehensive sampling exercise. Therefore, the techniques involve only limited
sampling.
Soil and Water Sampling: Comprehensive Sampling Exercise
The comprehensive investigation is designed to measure the presence of
contaminants across the site and to determine, within stated confidence limits, the
location of hot spots or areas of higher concentrations of contaminants.
The location of hot spots and the concentration of contaminants present must be
known and characterised in order to design appropriate remediation measures.
Groundwater
Groundwater and contaminated land are often interconnected, and pollution from
contaminated land can cause groundwater pollution.
Remediation measures are often slow and consequently expensive, and may not be
technically feasible.
The 2006 Groundwater Directive (2006/118/EC) provides control on hazardous
substances and on hazardous pollutants that could contaminate groundwater.

Aim to implement various European directives covering groundwater, and protect
groundwater from pollution.
State that activities which could lead to a discharge of hazardous substances or
non-hazardous pollutants must be permitted.
Prohibit hazardous substances from discharge and limit the discharge of non-
hazardous pollutants.
Make permits subject to conditions.
Notices prohibiting any activity may be issued by the Environment Agency/Natural
Resources Wales and may also be subject to conditions.
Statutory Codes of Practice are issued on how to prevent pollution from
activities where there is no deliberate disposal (and as such no requirement for an
environmental permit).

Assessment of Contamination
In terms of the management and assessment of contaminated land, the UK has
adopted the fitness for purpose approach.
Risk Assessment Process

This can be applied to contaminated land assessment as identified in the following
figure:
POTENTIAL
CONTAMINATION
IDENTIFIED
PRELIMINARY
INVESTIGATION
Identification of potential:
HAZARD IDENTIFICATION Hazards
Pathways
Targets
Assessment of plausible
DETAILED INVESTIGATION
hazard/pathway/target
scenarios
Evaluation of significance
using generic guidelines as
HAZARD ASSESSMENT standard
Exposure assessment (nature

RISK ESTIMATION
and likelihood of exposure)
Effects assessment (nature
and likelihood of effects)
RISK EVALUATION Assessment of uncertainties

Assessment of acceptability
Options and cost of risk
control
Contamination Risk Assessment Model

(Source: CIRIA Special Publication 103, 1995, Remedial Treatment for Contaminated Land, Vol. III,
Site Investigation and Assessment)

Generic Assessment Criteria

Generic assessment criteria (GACs) provide screening tools for the assessment of
contaminated land. The key GACs are category 4 screening levels (C4SLs). These are
levels that, when compared to contaminants in the ground, provide a simple test to
decide whether the land is suitable for use and not officially contaminated under the
EPA 1990 Part IIA. Other GACs include soil guidance values, IRCL trigger levels, Dutch
limits, etc.
Contaminated Land Exposure Assessment (CLEA)

CLEA uses a series of equations to predict, or simulate, exposure to receptors from a
given soil concentration via a number of exposure pathways. It derives C4SLs.
Remedial Techniques for Contaminated Soil and Groundwater

The first stage in a strategy will be to establish what is affected; is the pollution in the
unsaturated layer above an aquifer, in an aquifer, or both?
The potential pollutants are also important.
Remediation Methods
The remediation strategy used will depend on the type of contaminant, its depth and
concentration, as well as on the type of site, access, buildings, etc.
Remediation strategies depend on the Source-Pathway-Target methodology, e.g.
Create a barrier between source and target.
Remove the source.
Treat (render harmless) the pollutant.
Remediation methods are still under development. Some examples are as follows:
Physical Methods
–– Excavating the land and disposal (dig and dump).
–– Membranes or sheet piling can be used to create barriers between pollutant
source and target.
–– Organic pollutants may be removed by de-gassing.
Biological Methods
–– Bioremediation - the use of bacteria to clean up particularly organic
pollutants.
–– Bioconcentration - the use of plants, for example, which take up and
concentrate pollutants. The plants can be harvested and safely disposed of.
Chemical Methods
–– Solidification, where a binder such as cement is used to encapsulate the
contaminated soil.
–– Soil may be treated with chemicals to react with and neutralise the pollutant.

Incineration
Contaminated soil may be incinerated to destroy contaminants, typical
temperatures being 800-1,500°C.
Groundwater Treatment
The affected water may be subject to chemical or physical treatment depending on the
precise contamination.
Offences Relating to Contaminated Land

Failure to comply with a remediation notice can lead to an unlimited fine on summary
conviction, plus a further fine of one-tenth of the greater of £5,000 or level 4 on the
standard scale (currently £2,500) for each day the offence continues.
There is also an offence under the Environmental Permitting (England and Wales)
Regulations 2010, in respect of polluting controlled water.
Each local authority has a duty to maintain a public register of particulars relating to
contaminated land and remediation notices, appeals, special sites, and convictions for
offences.

1. A company operates an oil storage depot in close vicinity to a marsh that is
designated a Site of Special Scientific Interest (SSSI).
(a) Outline how the company’s activities could impact on the SSSI. (10)
(b) Explain the potential consequences, should the company’s activities
adversely affect the SSSI. (10)
2. Describe the pathways by which contaminated land could affect human and
other environmental receptors. (20)
3. Describe the action that could be taken to reduce the impact of an organisation
on biodiversity. (20)
4. Local Authorities have statutory powers to issue notices requiring the
investigation and remediation of contaminated land under the Environmental
Protection Act 1990 Part IIA.
(a) Give the criteria which must be satisfied for land to be officially designated
as contaminated. (7)
(b) With regards to the liability for remediation, explain how a local authority
will determine the ‘appropriate person’. (13)

Model Answers
Question 1
Interpretation
Part (a) is quite an open question. An outline can be provided of the numerous ways
the SSSI could be affected. It does require broader thinking to pick up the marks
beyond just oil leakage/spillage.
Part (b) requires an explanation of the main statutory controls to protect rare species
and habitats. Also relevant are other regulatory regimes which could give protection by
ensuring that pollutants do not damage the area. The possible consequences for the
company of breaching these provisions must be explained.
Plan
(a) Emissions to atmosphere, noise, direct damage, land management, drainage,
flooding, pollutant escape, food waste, non-native species, emergency.
(b) WCA legal, fines, affect SSSI, specific laws, other laws (EP Regs, WRA 1991,
Contaminated Land (England) Regulations), breaches (notices and clean-up
costs).
Suggested Answer
(a) The ways in which the oil storage depot could affect the SSSI include:
Emissions to atmosphere - emissions of toxic substances, deposition of
particulate matter and other pollutants with accumulation in the soil and
sediments of the marshland.
Noise - may lead to disturbance of the animals in the marshland affecting
breeding, etc.
Direct damage - litter picking, walking over it and cutting.
Land management - changes in the land management regime.
Drainage - drainage or water abstraction that leads to a lowering of the water
table if hydraulically connected.
Flooding - may occur if there is increased run-off of storm water (due to
tarmacing, concreting the oil storage depot), blocking of drains, etc.
Pollutants escape - this may occur into the area through site drains and
overland flow.
Food waste - presence of food or food waste attracting pests and associated
pest control activities.

Non-native species - introduction of non-native species.

Emergency - effects of fires and spillages.
(b) The main legislation covering the situation is the Wildlife and Countryside
Act 1981 (amended by the Countryside and Rights of Way Act 2000) and the
Conservation of Habitats and Species Regulations 2010. These give Natural
England (and regional equivalents) the power to designate an SSSI and
implement a management plan for the site. They must inform all owners/
occupiers of land that could cause damage to the SSSI. If a person carries out an
operation, without reasonable excuse, that damages an SSSI then they are liable
to an unlimited fine in a Magistrates’ Court or Crown Court. It is also an offence
to pick, uproot, injure or kill species protected by the Act or damage the habitats
in which they reside. Some species also have specific legislation and so are not
included under the requirements of the Act, e.g. badgers are covered under the
Protection of Badgers Act 1992.
Although the above is the main legislation that should be quoted, other
regulatory regimes may also give protection to the SSSI. These include
contravention of an environmental permit or discharges of oil from the site
(under the Environmental Permitting Regulations 2010); and the Contaminated
Land (England) Regulations (if water pollution and/or harm can be proved).
Breach of the provisions of this raft of legislation may lead to fines, prohibition
notices, revocation notices and recovery of cost for clean-up of pollution caused.
Additionally there could also be impacts on the corporate image of the company
(through adverse publicity) which could affect the reputation of the business.
There could also be other financial consequences.
Question 2
Interpretation
This question is aimed at testing knowledge on contamination occurring if there is
a pathway that links the source to the receptor. Reference to sources and receptors
should only be made in the context of a pathway. Some pathways are easy to identify
(e.g. water pollution, ingestion and inhalation) but there are other routes also. The
question does not ask for information on legislation and remediation techniques.
Plan
Pathways - leaching/washing, vertical migration groundwater, soil migration, crops,
ingestion soil, and dust transfer, odour nuisance, flammable.

Suggested Answer
Possible pathways might include:
Leaching from the land or being washed into a river, stream or other surface water
and abstraction of the water for drinking water.
Vertical migration from the land may occur into groundwater which may be
hydraulically connected to surface water and abstracted for drinking or abstracted
directly from groundwater.
Toxic, flammable and asphyxiant gases may migrate into the soil and fissures may
lead to inhalation and explosion risks.
Migration may occur through soils and into plastic pipes containing drinking water.
Contaminants may be directly taken up by crops which could then be eaten by
animals and people.
Children and site workers may ingest contaminated soil.
Dust may be blown from the surface onto agricultural land or be inhaled.
Gases and vapours escaping from the land surface may lead to odour nuisance.
Flammable materials in the ground may combust, leading to serious environmental
and health and safety problems.
Question 3
Interpretation
This question is not limited by a particular scenario. Marks could therefore be gained
by describing just about any action that could improve biodiversity (the amount of
different plant and animal species in an area).
Plan
Timber, supplies and raw materials, minimising disruption, creating new habitats,
encourage wildlife, control of releases, control of noise and light, drainage, pesticides,
fertilisers, waste, education/information, policies, biological action plans.
Suggested Answer
A good answer should describe a selection of the following:
The purchasing of timber from a location that is managed sustainably (Forest
Stewardship Council (FSC) certification may be considered).
Purchasing of supplies and raw materials from sources that are accredited.
Ensuring that there is minimal disruption to species and habitats when developing
land for company expansion, etc.

Creating new habitats during landscaping schemes and using native plant species
that are valuable to local wildlife.
Facilities that encourage wildlife to exist in the area (e.g. bird boxes, roosting areas
for bats).
Control of releases to air, water and land that may affect wildlife.
Controlling issues such as noise and light that may disturb wildlife.
Creation of new wildlife habitats through the implementation of sustainable
drainage systems.
Using pesticides and fertilisers such that they do not significantly affect wildlife.
Waste containment to stop escape.
Education and information for staff and others to ensure that they are aware of
wildlife issues.
Providing finances and assistance to projects that improve biodiversity.
Policies to promote biodiversity.
Biodiversity action plans.
Question 4
Interpretation
Part (a) requires repeating of the definition of contaminated land as near to the actual
definition in the Environmental Protection Act 1990 Part IIA as can be remembered.
Part (b) requires that the way to assess liability in the Contaminated Land Statutory
Guidance is explained (Class A and Class B persons mainly).
Plan
(a) EPA 1990, local authority, substances, harm or possibility of harm, pollution of
water, source-pathway-receptor.
(b) Contaminated Land Statutory Guidance.
Class A - caused/knowingly permitted, pollutant linkages.
Class B - no Class A, owner/occupier.
One or more appropriate persons, Class A and Class B exclusion tests,
investigation methods.

Suggested Answer
(a) The Environmental Protection Act 1990 defines contaminated land as ”any land
which appears to the local authority in whose area it is situated to be in such a
condition, by reason of substances in, on or under the land, that:
significant harm is being caused or there is a significant possibility of such
harm being caused; or
pollution of controlled waters is being, or is likely to be caused.”
The local authority would need to determine whether water pollution or
some kind of harm is occurring from the land. The source-pathway-receptor
relationship would therefore need to be determined.
(b) The ‘appropriate persons’ are identified through comparison with two groups
known as Class A and Class B.
Class A includes persons who caused or knowingly permitted substances to be in,
on or under the land in question. Such persons are responsible for one or more
significant pollutant links.
A Class B person is liable if the Class A person cannot be identified after
reasonable enquiry for a specific significant pollutant linkage. This Class B person
is the current owner or occupier of the contaminated land.
When pollution of controlled waters occurs and no Class A person can be
identified, then there is not an appropriate person (the site is classified as an
orphan linkage). Where there is more than a single appropriate person for a
significant pollutant linkage then a liability group will be identified with group
members’ liability apportioned.
Class A and Class B persons can be exempted from liability to remediate the land
through exclusion tests, e.g. Class A persons are not liable for contamination from
an abandoned mine. Class B persons are not liable for escape of pollutants from
one piece of land to another or for ‘acting in a relevant capacity’ (such as a bank
or liquidator). Investigation measures to identify who could fall into either of the
classes are also relevant, e.g. historical record searches.


Element 15: Energy Use and

Efficiency
Business Use of Energy
Sources of Energy and Advantages/
Disadvantages
Fossil and nuclear fuels are classed as non-renewable energy sources.
This is because, although they are available in very large quantities, they are finite and
so will ‘run out’ in the future.
Energy sources such as hydropower and wind power are two examples of renewable
energy sources, as they are replaced by natural processes.
Renewables
Examples include:
Biomass - on an industrial scale, bioenergy power plants offer a clean, efficient
combustion of straw, forestry wastes or wood chips.
Hydro power - precipitation from clouds flows down into streams and rivers,
where its flow can be used to power turbines to form electricity.
Solar energy - solar power can be captured via solar collectors to produce hot
water for washing or space heating in buildings. Solar photovoltaics (PVs) directly
generate electricity when the sun shines on them.
Wave - examples include ‘oscillating water columns’ which make use of the rise
and fall of waves in a closed chamber to blow and suck air through an air turbine.
This is connected to a generator which produces electricity.
Wind - as air flows from warmer to cooler areas, this results in winds which can
be used to power wind turbines to produce electricity. Advantages include: it
is free and there are no greenhouse gases produced during energy generation.
Disadvantages include: wind is not predictable and some people view turbines as
unsightly.
Geothermal - energy from the Earth’s internal heat, which is generated from the
decay of long-lived radioactive elements. The resulting hot water, or in some cases
steam, is used for electricity generation where possible.
Non-Renewable
Fossil fuels are attractive as energy sources. Being very concentrated, they allow
significant amounts of energy to be trapped in relatively small volumes. They also allow
easy distribution.

Coal combustion produces massive emissions of carbon dioxide (CO2) compared

with other fuels.
It also results in sulphur dioxide and particulate discharges. However, these can be
reduced by using various abatement methods.
The combustion of natural gas produces lower CO2 emissions in comparison to
coal.
Oil is the world’s most used energy source.
The combustion of oil results in reduced CO2 per unit of energy released in
comparison to the combustion of coal, but greater CO2 than burning natural gas.
Nuclear energy results from release of the large quantities of energy stored in the
nuclei of atoms such as uranium-235 and plutonium-239.
These are split (known as fission) to produce large quantities of energy.
The heat resulting from nuclear fission is used to raise high-pressure steam, which
then drives steam turbines coupled to electrical generators.
Impact on the Environment of Burning Fossil Fuels in Vehicles, Buildings

and Plant
The adverse environmental impacts of combusting fossil fuels are significant and
include:
Acid rain.
Smog.
Dwindling resources.
Health and welfare.
Deforestation.
Climate change.
Thermal pollution.
Vehicles
Motor vehicles emit pollutants from fuel combustion.
Transport also emits significant quantities of CO2.
A catalytic converter can significantly reduce the production of nitrogen oxides and
other pollutants for petrol-powered vehicles.
The use of electric transport produces no emissions, although pollution is produced
during the power generation process.

New technology to reduce environmental impacts of vehicles should also be used with
management systems to decrease traffic in urban areas.
Buildings
Some industrial and residential buildings have their own source of energy generation.
The production of hot air by the burning of waste oil is a commonly found example.
Obviously such operations will have many negative impacts on the environment.
Renewable energy generation technologies on a smaller scale are called
microgeneration techniques.
Plant
Power plant by-products have to be considered in their design and operation. Waste
heat can often be emitted to the atmosphere or to a river or lake.
The flue gas that is emitted to the air contains a range of substances such as nitrous
oxides, sulphur oxides, fly ash and mercury. Solid wastes include ash, which can be
removed and recycled for use in some building materials.
Such plant is likely to require an Environmental Impact Assessment.
Provision of Information Regarding Energy Efficiency

By law, an EC Energy Label has to be displayed on all new household products for sale,
hire or hire-purchase, e.g.:
Refrigerators, freezers and fridge-freezer combinations.
Washing machines.
Electric tumble dryers.
Combined washer-dryers.
Advertisements and manufacturers’ literature are required to have this information.
It must be provided wherever these products are bought or hired.
‘A’-rated products are the most efficient and ‘D’-rated products the least efficient. The
most efficient fridges and freezers can now be identified by new ‘A+’, ‘A++’ and ‘A+++’
markings.
Impact of Carbon Dioxide on the Climate

The causal factors for climate change include any process that affects the global energy
balance from solar energy and energy leaving the Earth.
Greenhouse gases are all the gases in the atmosphere that, as a result of their
molecular structure, absorb infrared radiation or heat.

Natural greenhouse gases include water vapour, carbon dioxide, methane, nitrous
oxide and even ozone.
Human activities over the last 200 years have released greenhouse gases in massive
quantities in addition to releasing new types of gases.
Greenhouse gases trap heat and cause the Earth’s surface to warm.
Reduction of Energy Use and Carbon Emissions

Alternatives to Fossil Fuel as Sources of Energy
Many alternatives exist to using fossil fuels as sources of energy. All have their
advantages and disadvantages.
Energy Efficiency
Relationship to Cost and Profit
Saving energy has many benefits, including:
Reduced energy costs (increasing profits or releasing resources for other activities).
Improved environmental performance due to reduced CO2 emissions.
Improved competitiveness of products or services.
The five steps of a successful energy management strategy are:
Management commitment.
Understand the issues.
Plan and organise.
Implementation.
Control and monitor energy management and performance.
For any new equipment purchases, a tax break may be available from the
Government’s Enhanced Capital Allowance (ECA) scheme.
Carbon Footprint
A carbon footprint can be defined as the total emissions of greenhouse gases produced
both directly and indirectly from an individual, organisation, event or product.
There are two main types - a product carbon footprint and an organisation carbon
footprint.

Greenhouse gas emissions covered by a carbon footprint may include:

Scope 1 – direct emissions from an organisation.
Scope 2 – indirect emissions from purchased electricity, heat or steam.
Scope 3 – other indirect emissions out of the direct control of an organisation.
A carbon footprint can be prepared by undertaking the following steps:
1. Decide on the method to be followed.
2. Define organisational and operational boundaries.
3. Collate the data.
4. Apply emissions factors.
5. Verify results (optional).
6. Verify emission reductions (optional).
International and National Control Strategies for Carbon Dioxide

Emissions
International Control Strategies
The United Nations Framework Convention on Climate Change (UNFCCC) is the
foundation stone of international efforts to tackle climate change. The Convention is
implemented by the Kyoto Protocol, which was adopted in 1997 and came into force
in 2005.
The main objective of the Protocol is to reduce emissions of six greenhouse gases:
carbon dioxide, methane, nitrous oxide, sulphur hexafluoride, hydrofluorocarbons and
perfluorocarbons.
The first commitment period of the implementation of the Protocol ran from 2008
to 2012 and set national emission targets, which, overall, amounted to an average 5%
emissions reduction of this basket of gases compared with 1990 levels.
The Doha Amendment to the Kyoto Protocol was adopted in 2012 and introduced a
second commitment period running from 2013 to 2020. Participants have agreed to
reduce GHG emissions by at least 18% against 1990 levels in this period and nitrogen
trifluoride has been added to the list of reportable GHGs.

Countries that have signed up to the second commitment period have flexibility in the
actions they take to achieve the specified reductions, including participation in:
The EU Emissions Trading System (EU ETS).
The Clean Development Mechanism (CDM).
Joint Implementation (JI).
National Control Strategies

Part L of the Building Regulations
This concerns (in England and Wales) the implementation of energy efficiency
measures in buildings. Requirements include:
–– Limiting heat losses through the fabric of the building.
–– Limiting excessive solar gains and heat gains from pipes, ducts and vessels
used for space heating, space cooling and hot water storage.
–– Energy performance certificates.
Directive (2010/31/EU) on the Energy Performance of Buildings
This Directive, as implemented in England and Wales, has four principal provisions:
–– An energy performance certificate (EPC) is required to be produced when a
building is sold, constructed or rented out.
–– A display energy certificate (DEC) must be produced annually for public
buildings greater than 1,000m².
–– Regular inspections of air-conditioning systems with an effective rated output
of more than 12kW.
–– Inspections of heating systems over 20kW.
Ecodesign for Energy-Related Products Regulations 2010 (as amended)
These Regulations require that energy-related products (e.g. household office
equipment, set top boxes and external power supplies) must not be placed on the
market unless they comply with a number of European regulations covering energy
efficiency.
If compliance is satisfactory, then a CE mark must be affixed.
EU Regulation 617/2013 sets ecodesign requirements for computers and
computer servers such as limits on power consumption.
Energy Information Regulations 2011 (as amended)
Suppliers must provide a label and fiche (technical specification on the
performance of the product) when placing an energy-related product on
the market. Examples of energy-related products include tumble driers, air
conditioners and washing machines. All products must be rated regarding energy
efficiency using the A to G scale.

Emissions Trading
The EU Emissions Trading System is viewed by the EU as a significant tool with which
to decrease greenhouse gas emissions and meet its Kyoto target of 20% below 1990
levels.
Emissions trading works on the theory that emission reductions are carried out where
the cost of the reduction is least, therefore lowering the overall costs of reducing
climate change.
Emissions trading enables regulation of the amount of emissions in aggregate by
setting an overall cap for the system.
Companies involved in the system are given allowances, with each allowance equivalent
to a tonne of CO2 equivalent.
Emissions trading allows companies to emit above their allocation by purchasing
allowances from the market.
However, if a company emits below its allocation it can sell surplus allowances.
The requirements are implemented in the UK legal system by the Greenhouse Gas
Emissions Trading Scheme Regulations 2012.
The system consists of phases and all member states must produce a National
Allocation Plan (NAP) approved by the EU.
Such plans must set an overall ‘cap’ on the sum of emissions allowed from facilities
included in the system.
The EU ETS is relevant to energy-intensive organisations, which have been identified as
accounting for 43% of the CO2 emissions in the UK. It also applies to aircraft operators.
The Greenhouse Gas Emissions Trading Scheme (Nitrous Oxide) Regulations
2011 allow for nitrous oxide (N2O) from nitric acid production to be traded as well as
carbon dioxide.
The Energy Savings Opportunity Scheme Regulations 2014 require large
organisations to undertake energy assessments every four years.
Feed-In Tariffs (FITs)

These work on the principle that electricity companies issue a generation tariff to low-
carbon electricity generators when electricity is generated and an export tariff when it
is exported to the National Grid.
The scheme is applicable for installations up to 5MW which are certified by the Micro
Generation Certification Scheme. Ofgem administers the scheme.

Renewable Heat Incentives (RHIs)

These are similar to FITs but cover self-generation of heat. Payments are made to
producers of heat from micro generation (such as biomass, solar thermal and biogas
production).
Installers and equipment must be registered under the Micro Generation Certification
Scheme.
Renewables Obligation
The Renewables Obligation Order 2009 requires electricity suppliers to purchase
renewable obligation certificates from renewable energy suppliers covering the
electricity they supply.
CRC Energy Efficiency Scheme

The CRC Energy Efficiency Scheme Order 2010 (as amended) covers organisations
whose electricity is metered by at least one half-hourly meter and who buy electricity
on the half-hourly market (mainly large private and public sector organisations).
The Order only applies to organisations whose supply is over 6,000 MWh in a year.
The Order requires organisations to monitor carbon emissions and buy allowances for
every tonne of carbon they emit. Emissions may be traded.
Emissions data for participants in the scheme will be published on an annual basis.

1. The burning of fossil fuels has many impacts on the environment.
Explain the potential impacts of such activities. (20)
2. Describe the key features of the European Union Emissions Trading System. (20)

Model Answers
Question 1
Interpretation
An explanation of the impacts on the environment (including human health) is
required in answer to this question. An answer should not concentrate on just one or
two impacts (e.g. climate change) but should discuss a range of potential impacts from
the burning of fossil fuels.
Plan
Acid rain, smog, dwindling resources, health and welfare, deforestation, climate change,
thermal pollution.
Suggested Answer
Acid rain - acid gases resulting from fossil fuel combustion combine with water
vapour to create acid rain which corrodes buildings, damages and kills trees and
destroys life in rivers and lakes. Road transport produces around 51% of acidic
oxides of nitrogen (NOX), while power stations produce 72% of acidic sulphur
dioxide (SO2) and a further 28% of NOX.
Smog - when gases from vehicle exhausts react with sunlight, smog is formed over
cities, damaging trees and crops and affecting health. Road transport produces
90% of carbon monoxide (CO) which contributes most to this effect.
Dwindling resources - fossil fuels cannot be rapidly reproduced - it takes millions
of years to produce coal, gas and oil and existing reserves will eventually run out.
At current rates of consumption, proven world reserves for fossil fuel are estimated
to be 44 years for oil, 56 years for gas and 250 years for coal. It has been estimated
that by 2020 energy consumption in the UK will be around 30% greater than in
1990.
Health and welfare - energy production from fossil fuels can have significant
effects on health, particularly energy used by transport which results in traffic
fumes. Such emissions have acute effects on certain people, e.g. streaming eyes,
coughing, breathing difficulties and asthma attacks. Smog can irritate the lungs,
cause bronchitis and pneumonia and decrease resistance to respiratory infections.
Deforestation - carbon dioxide is taken from the air by vegetation, which helps
regulate the amount of CO2 in the atmosphere. Every year it is estimated that an
area of tropical rainforest one and a half times the size of England is lost around
the world. Some deforestation involves large-scale burning, increasing global
warming further. In addition to reducing the amount of CO2, trees can help to
reduce the energy demand of buildings by affording shelter from cooling winds.

Climate change - a number of gases are emitted during the combustion of fossil
fuels with the most significant being carbon dioxide, which traps heat in the Earth’s
atmosphere. It has been estimated that over the past 150 years, the burning of
fossil fuels has caused a 25% increase in the quantity of carbon dioxide in the
atmosphere. Fossil fuels also result in increased concentrations of atmospheric
methane and nitrous oxide. Since the collection of reliable records in the latter
part of the 1800s, the world’s global average temperature has risen by around
0.5° Celsius. The IPCC (Intergovernmental Panel on Climate Change) identified
in a 1995 report that “this is unlikely to be entirely natural in origin” and that “the
balance of evidence suggests that there is a discernible human influence on global
climate”. Scientists have predicted that if temperatures continue to increase,
glacial melting will cause sea levels to rise, leading to inundation of low-lying areas
such as coastal wetlands.
Thermal pollution - fossil fuel combustion for electricity production results in
heat, which is used to generate electricity. As the process is relatively inefficient,
much of the heat is emitted to air or to water that is used as a coolant. Heated
water can have effects on aquatic systems.
Question 2
Interpretation
This question is quite simple to interpret - it requires a description of how the EU
Emissions Trading System works and what its purpose is.
Plan
Purpose, general theory, cap on system, trading, allowances, surplus/less, comparison
emissions limits, Kyoto Protocol, national allocation plan, monitoring and reporting.
Suggested Answer
Emissions trading is viewed by the EU as a significant tool with which to decrease
greenhouse gas emissions and meet its Kyoto target of 20% below 1990 levels.
Emissions trading works on the theory that emission reductions are carried out where
the cost of the reduction is least, therefore lowering the overall costs of reducing
climate change.
Emissions trading enables regulation of the amount of emissions in aggregate by
setting an overall cap for the system. Companies are, however, given the power to
determine how and where the emission decreases will be achieved.
Companies involved in the system are given allowances, with each allowance equivalent
to a tonne of carbon dioxide equivalent. Emissions trading allows companies to
emit above their allocation by purchasing allowances from the market. However, if
a company emits below its allocation it can sell surplus allowances. When compared
to regulation which places strict emission limit values on individual sites, trading of
emissions allows companies to decrease emissions according to their own individual
plan.
The EU Emissions Trading System (ETS) is a European scheme with the objective of
reducing carbon dioxide emissions and mitigating climate change. The ETS allocates a
price on carbon that companies use and creates a carbon market. The system has been
operating since 2005 and was the first of its kind in the world.
The ETS consists of phases and all member states must produce a National Allocation
Plan (NAP) approved by the EU. Such plans must set an overall ‘cap’ on the sum
of emissions allowed from facilities included in the system. This is converted to
allowances, with one allowance being equal to one tonne of CO2. Installations
included within the system must monitor and report emissions. At the end of the year
they must surrender allowances to account for the installation’s individual emissions.
Installations have flexibility within the system; they can use all or part of their
allocation, and can ‘trade’ allowances by purchasing additional allowances or selling any
extra they have accumulated by reducing emissions below their allocation.

Revision Guide And Finally...
And Finally…
Hopefully, this Revision Guide has provided you with relevant practice questions and
some ideas for handling them in the exam.
It should have shown you that the questions are straightforward, but that it is vital that
you READ THE QUESTION and answer the question that is written (not the one that
you want it to be!).
It is really important to practise as many exam questions as possible - the Examiner’s
Reports for previous exams can be purchased from NEBOSH (+44(0)116 263 4700 or
online at www.nebosh.org.uk). These Examiner’s Reports don’t provide model answers,
but nevertheless highlight important points that should have been included in your
answer.
Lastly, don’t panic, but do ensure that you are prepared - you want to make sure that
all your hard work will be rewarded.
Good luck!

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NEBOSH Diploma in

RRC Ref. ED1RG.1.4

Welcome to your NEBOSH Diploma in

Overview of the Exam

NEBOSH Command Words

Compare and Contrast

The Nitrogen Cycle

The Phosphorus Cycle

Ecology and the Importance of Biodiversity

Current Definitions of Sustainability

Design, Construction and Resource Efficiency with Sustainability as an

The construction industry can contribute to sustainable development in many ways

Precautionary Principle, Polluter Pays as Examples of Drivers for

The Use of Fiscal Measures to Drive Change

Sustainable Development Strategies

Reasons for Managing Environmental Risk

Principles of Environmental Hazard Identification, Risk

Fire and Explosion

Level Short-Term Effects Long-Term Effects

Indirect Effects on the Health and Safety of People Outside the

Food and Drinking Water Safety

Global, Regional and Local Environmental Effects

Effects on Quality of Life

Wastes from Consumer Products (Packaging)

Effects on Plants, Animals and Natural Systems

Assessment of Environmental Risks

Sources of Information and Advice on Environmental Risks

Use of Environmental Monitoring Data to Evaluate Risk

Use of Biological Indicators to Evaluate Risk

Uses and Limitations of External Data Sources

Whatever source of information is used to assess environmental risks, certain simple

Awareness of the Relationships between Source, Pathway and Receptor

Control Strategies for Environmental Risks

Risk Control Measures

An environmental report clearly acknowledges and explains the environmental

Factors Affecting Choice of Control Measures

4. Explain the principle of a ‘pollution pathway’ and comment on the importance of

Comments on the importance of the pollution pathway principle in assessment of

Cost-Benefit Analysis as Applied to Environmental Risks

CBA and Sustainability

CBA and Stakeholder Analysis

Sensitivity and Scenario Analysis

Principles and Application of Environmental Modelling

Common problems include:

GIS and Environmental Modelling

Dispersion and Transport of Pollutants in the Atmosphere

Limitations of Environmental Modelling

Principles and Techniques of Life-Cycle Analysis

Assessment of Environmental Toxicity

Principles of Environmental Toxicity and Ecotoxicity Testing

Procedures for the Preparation and Submission of Formal Environmental

Strategic Environmental Assessment

General Requirements for Environmental Risk Assessment

Element 3: Control Strategies

Influence of Legislation on Control Strategies

Effects of Government and Company Policy on Control Strategies

 Effects of Internal Policies on Control Strategies

Identification of Control Options

Assessment to Determine the Best Practicable Environmental

Assessment of Control Systems to Determine the Best Available

Environmental Assessment for BAT

Systematic Approach to Environmental Risk Management

BS EN ISO 14000 Series

Effects of Internal Policies on Control Strategies

Implementation and operation of the environmental management system.