01/10/22 1

Environmental law update

Spring 2016

John Mitchell, partner, Regulatory Risk

& Compliance
Rationalisation of carbon taxes

• September 2015 – consultation by Treasury (yet to

report)
• November 2015 IEMA publishes its submission to the
consultation calling for “greater ambition” in carbon
reduction
• November 2015 – government publishes a tender for
research into the cumulative administrative burden of
carbon reduction policies

01/10/22 3
ESOS

• October 2015 – EA announces period of grace for late

submission
• December 2015 – final surge of submissions took
expected compliance to 70%
• February 2016 – compliance by the end of January did
reach the anticipated 70%
• Not clear how many of the remaining 30% are actually
obligated
• January 2016 - DECC publishes guide to making best
use of ESOS reports

01/10/22 4
Fines

• Thames Water – fined £1m for polluting a canal in

Hertfordshire
• Yorkshire Water – fined £600,000 for polluting a lake in
Wakefield
• Hanson Concrete – fined £110,000 for breach of
environmental permit

01/10/22 5
Enforcement undertakings

• Since April 2015 the EA has been able to accept

enforcement undertakings for environmental permit
breaches
– This includes water pollution cases
– However, none has been processed or accepted
– EA admitted in February that it is due to the
complexity of the issues
• Record enforcement undertaking accepted

01/10/22 6
Economic impact duties for regulators

• Government consultation on how regulators are to

comply with their economic growth obligations
• Enterprise Bill will:
– Require regulators to report on this annually
– Bring them within the scope of the regulatory impact
target for business

01/10/22 7
Water market

• April 2017 – competition starts in non-household water

retail market
• October 2016 – businesses must be ready for the market
opening
• Government aim is that this will promote water efficiency
through innovative tariffs
• Don’t assume that by staying with your current provider
you will be better off

01/10/22 8
01/10/22 9
Welcome to ISO 14001:2015
updates

Presented by; Ray White C.ENV.

CQP
Aspen Business Consultants Ltd.
History of ISO 14001
BS7750 1994,
ISO 14001: 1996,
ISO 14001: 2004.
ISO 14001:2015

12
Annex SL
 High Level Structure
 Scope
 Normative references
 Terms and definitions
 Context of the organisation
 Leadership
 Planning
 Support
 Operations
 Performance evaluation
 Improvement

13
Main changes to systems.
 No requirement for a ‘manual’ or
‘documented procedures’
 No requirement for a ‘Management
Representative’
One ghost which has been laid to rest is
the belief that everyone needs work
instructions no matter how experienced
or senior they are in the organisation.

14
ISO 14001 -2015 Key changes
 Context of the organisation
 Interested parties- more specific
 Scope – more specific
 Leadership – some specifics

15
4.0 Context of the
organisation
 Scope – fully define?
 Interested parties – who? What?
 Threats and Opportunities What?
 Compliance obligations What?

16
Threats and Opportunities
 SWOT analysis
 PEST analysis
 Listing and dealing with the outcomes

17
 Interested Parties
Customers
The Media
Shareholders/ Public
Owners

Regulators NGO’s - non industrial

NGO’s - industrial
Competitors

Industrial federations Management

Unions P

Banks System
Staff Academia

Insurance companies Science

Pressure groups The WI
Governments
Emergency Responders
 …and how to gather their
requirements.
 Neighbours – Open Day
 Commercial Partners – Supplier day
 Local Officials – ask them
 Regulatory Bodies – the official websites, visit/inspection
 Employees – suggestion schemes
 Shareholders – AGM
 Emergency Responders – Practice drills
 Other Industries – Internet
 Customers – Surveys, social media
 Suppliers of Raw Materials – Contracts
 Designers – Design reviews
 Non Government organizations (Industrial) – Trade fairs
 Non Government organizations (Non-Industrial) – they
usually tell you!
Political Economic Social Technological

home economy lifestyle trends competing

ecological/ technology
situation demographics
environmental development
home economy consumer research funding
issues trends attitudes and associated/
current specific industry opinions dependent
legislation home factors media views technologies
market customer/end- law changes replacement
technology/
future legislation user drivers affecting social
solutions
taxation specific factors
international maturity of
to brand, company,
legislation technology
product/services technology image manufacturing
regulatory bodies seasonality/ consumer buying maturity and
and processes weather issues patterns capacity
government fashion and role information and
models communications
policies
major events and consumer buying
influences mechanisms/
technology
ethical issues
technology
legislation
innovation potential
technology access,20
licencing, patents
5.0 Leadership
 5.1 Leadership and commitment
 5.2 Policy
 5.3 Organisational roles responsibilities
and authorities.
Top management now have to demonstrate greater
involvement in the operation of the management
system.
Policy more specifics and includes internal communication
and available to interested parties

21
6 Planning
 Action to address risks
 Compliance Obligations-
and opportunities and was legal and other
needs and expectations requirements –no real
of interested parties change.
 Environmental aspects
 Planning action – take
– life cycle perspective, action to address
interested parties? significant aspects,
compliance obligations
and risks and
opportunities

22
6 Planning (Continued)
 Environmental Objectives and planning
to achieve them – no real change apart
from need to state method of
evaluation

23
7 Support
 Documented
 Resources- no change information – no
 Competence - no real need for manual and
change procedures –BUT…
 Awareness –no real
change
 Communication –what,
when, how, who?
Reliable and accurate

24
8 Operation
 No real change on  Emergency
the need for and preparedness and
extent of operational response – no great
control with respect change but now a
to design, purchase requirement to
and operation ‘periodically review’

25
9 Performance Evaluation
 Monitoring  Evaluation of
measurement and compliance – no real
evaluation of change
environmental  Internal audit –no
performance – real change.
what, how, when +  Management review
analysis and – as before + review
communication. of context etc.,

26
10 Improvement
 Non-conformance and corrective action
–no real change
 Continual improvement – no real
change- continually improve the
suitability, adequacy and effectiveness
of the EMS to enhance environmental
performance.

27
THE END
 Any further questions?

28
Environmental Management ISO 14001 Environmental Management
A view from the Bridge
Environmental Management ISO 14001 Environmental Management
A view from the Bridge
Dougy Hill
BIFM  ILM  MCIM

Agenda
• EMS & Why ?
• Business drivers for an EMS at Sparsholt College
• An FM’s perspective
• Benefits of having an EMS
• Benefits already seen & projects going forward
Environmental Management Why?
• An Environmental Management System is a mechanism
that enables an organisation to identify and manage &
reduce their environmental impacts NOT JUST A BADGE

• Requires total commitment of organisation – to prevent

pollution and comply with legal & other applicable
requirements

• Drives continual improvement

• Ultimately
No two EMS’stheare
aimtheofsame. Every
an EMS is organisation
to reduce theis
different with a impact
organisation’s unique set
onofthe
positive and negative
environment
environmental impacts
Environmental Management Business drivers for an EMS
• Reduced costs:
energy, waste, water
• Management: improved data = better decisions
• Marketing:
attract students, staff
funding from investors
support from industry
• Legal compliance & risk control
• Improve / protect brand and reputation
• Market reassurance
• Enhanced student experience
• Improves communication between departments
Environmental Management EMS from the inside – an FM’s perspective
First thought - College is just “badging”

Second thought - I don’t have the time or resources to

do this

Then realisation that 75% of systems / processes

already in place

Realisation of benefits to the organisation

Committed to achieving ISO14001, but not just for the

“badge”
 Benefits already realised
Environmental Management
* attract students who care about the environment and would like to attend a
College that also cares - generates income

* allow the College to continue to improve its environmental performance

(sustainability is one of our key values)

* allow the effective targeting of the most significant environmental impacts

(College has limited resources)

* give the College confidence that it is conforming with legal and other
requirements

* attract the very best members of personal to apply to work at the College

* encourage staff to stay at the College --> reduced cost though advertising,
enrolling and staff training as a result of a high turn around of staff
Environmental Management Can you see
any obvious
ways of
helping you
make the
College more
sustainable?
Environmental Management What additional resources would you like in order to
make what you have already done more
sustainable?
 Impacts of the EMS at Sparsholt
Environmental Management

•Reduction in total cost of invoiced utilities of 2.7%

•Reduction in consumption of electricity of 1.0% and consumption per occupant
of 23.9%
•Reduction in consumption of mains water of 3.4% and consumption per
occupant of 25%
•Reduction in mains gas cost of 25%, consumption of 25% and consumption per
occupant by 48.6%
•Reduction in CO2 emissions from vehicle fleet of 7.22%
•0% waste collected sent to landfill, saving 64 tonnes of CO2 emissions
•Reduction in amount of waste collected of 7% and waste per occupant by 28.8%
•Reduction in CO2 emissions from waste collected of 3.9%
Environmental Management Some of the projects and improvement since EMS
Environmental Management
Environmental Management Solar PV for Sparsholt College Hampshire
• Completely free system provided by Green Nation
• 619kW solar panels
• Saving £23,000 per year on electricity bills
• Reducing CO2 by 4,000 tonnes of per year
 19 buildings at Sparsholt College and Andover College
Environmental Management
= buildings with new
Sparsholt: solar PV
Littleton Hall
Crawley Hall
Dean Hall
MJ’s
Sports Centre
Aquatics Centre
Rifle Range
Dog Grooming
Small Animals
Exotic Animals
E10/E11
Long Barn
Pig Units 1,2,3
Equine Arena
Game & Wildlife Centre

Andover:
Professions Academy
6th Form Academy
 Next steps -
Environmental Management
Continual improvement
• Target the new 2015 standard
• Need to get more staff & students to realise
benefits of monitoring energy, waste, etc, but also
implementing change
• Drive our new targets & Objectives
• Be proud of what we have achieved in such a short
period

Any Questions
ISO 14001:2015 GAP ANALYSIS
Duncan East
4.1 Understanding the organization and its context
The organization shall determine external and internal issues that are relevant to its
purpose and that affect its ability to achieve the intended outcomes of its
environmental management system. Such issues shall include environmental
conditions being affected by or capable of affecting the organization.

4.2 Understanding the needs and expectations of interested parties

The organization shall determine:
a) the interested parties that are relevant to the environmental management system;
b) the relevant needs and expectations (i.e. requirements) of these interested parties;
c) which of these needs and expectations become its compliance obligations.
Top management shall demonstrate leadership and commitment with respect to the
environmental management system by:

a) taking accountability for the effectiveness of the environmental

management system;
b) ensuring that the environmental policy and environmental objectives are
established and are compatible with the strategic direction and the context of the
organization;
c) ensuring the integration of the environmental management system
requirements into the organization’s business processes;
d) ensuring that the resources needed for the environmental management
system are available;
e) communicating the importance of effective environmental management and of
conforming to the environmental management system requirements;
f) ensuring that the environmental management system achieves its intended
outcomes;
g) directing and supporting persons to contribute to the effectiveness of the
environmental management system;
h) promoting continual improvement;
i) supporting other relevant management roles to demonstrate their leadership as it
applies to their areas of responsibility.
6.1.1 General
When planning for the environmental management system, the organization shall
consider:

a) the issues referred to in 4.1;

b) the requirements referred to in 4.2;
c) the scope of its environmental management system;
6.1.4 Planning action
The organization shall plan:
a) to take actions to address its:
1. significant environmental aspects;
2. compliance obligations;
3. risks and opportunities identified in 6.1.1;
b) how to:
1. integrate and implement the actions into its environmental management system processes or
other business processes;
2. evaluate the effectiveness of these actions (see 9.1).
The organization shall establish, implement and maintain the process(es) needed
for internal and external communications relevant to the environmental
management system, including:
a) on what it will communicate;
b) when to communicate;
c) with whom to communicate;
d) how to communicate.

The organization shall respond to relevant communications on its environmental

management system.
The organization shall ensure that outsourced processes are controlled or influenced.
Consistent with a life cycle perspective, the organization shall:
a)establish controls, as appropriate, to ensure that its environmental requirement(s) is
(are) addressed in the design and development process for the product or service,
considering each life cycle stage;
b)determine its environmental requirement(s) for the procurement of products and
services, as appropriate;
The organization shall ensure that outsourced processes are controlled or
influenced.
Consistent with a life cycle perspective, the organization shall
c)communicate its relevant environmental requirement(s) to external providers,
including contractors;
d)consider the need to provide information about potential significant
environmental impacts associated with the transportation or delivery, use, end-
of-life treatment and final disposal of its products and services.
The organization shall determine:
a) what needs to be monitored and measured;
b) the methods for monitoring, measurement, analysis and evaluation, as
applicable, to ensure valid results;
c) the criteria against which the organization will evaluate its environmental
performance, and appropriate indicators;
d) when the monitoring and measuring shall be performed;
e) when the results from monitoring and measurement shall be analysed and
evaluated.
Thank you

Any Questions?