ENVIRONMENTAL LAW

Hilary Stone 2013 Brunel University UK

Lectures 2 and 3

THE NEED FOR ENVIRONMENTAL LAW

Recognition of cumulative impacts of relatively minor polluters has led to increased environmental legislation/regulation Operators must address compliance with widening scope and application of environmental law The breach of all environmental legislation is a matter for the criminal courts
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ENVIRONMENTAL LAW FOR ENGINEERS

When designs are created and contractors instructed all professionals should be aware of the principle environmental laws which govern what they do. The notion of protecting the environment is not new in England there are examples of environmental law in the twelfth century.
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RESPONSIBILITIES
The EU sets European environmental policy and passes environmental laws Defra is the government department responsible for English environmental policy Environment Agency is responsible for enforcing environmental law in England and Wales
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WHY?

To protect people

How?

To protect the environment

Why?

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ENVIRONMENTAL MATTERS OF CONCERN

Air pollution Noise pollution

Water pollution
Waste issues

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THE EUROPEAN DIMENSION

TREATY PROVISIONS

Article 3

The Union shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment.
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TREATY PROVISIONS

Article 11

Environmental protection requirements must be integrated into the definition and implementation of the Unions policies and activities, in particular with a view to promoting sustainable development

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TREATY PROVISIONS

Title XX Article 191

Union policy on the environment shall contribute to pursuit of the following objectives:

preserving, protecting and improving the quality of the environment, protecting human health, prudent and rational utilisation of natural resources, promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.
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EU OLD CORNERSTONE PRINCIPLES

The polluter pays Prevention Precaution Subsidiarity Proximity

Proportionality Sustainable development Protection and integration Standstill orders

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AIR POLLUTION

AIR POLLUTION?

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PROBLEMS

Human activities:

Industrial

Fumes from complex industrial processes Transport Lighting a fire Driving a car Using spray deodorant Outdoor heating
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Domestic

GREENHOUSE GASES
Absorb the suns energy and cause the planet to
warm up Most of these gases are found naturally in the environment but their levels have been raised artificially by emissions from vehicles, electricity generation and industry The main greenhouse gases are carbon dioxide, methane, dinitrogen, (nitrous) oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6).
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CARBON DIOXIDE CO2

Is inert Vital food for plants Exhaled by humans Makes drinks fizzy BUT It remains in the atmosphere for a century Massachusetts v EPA 2007 127 S Ct 1438
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OZONE LAYER DEPLETION

O3 is a triatomic allotrope of oxygen. O3 in the troposphere is caused by sunlight reacting with hydrocarbons emitted from exhausts and oxides of nitrogen emitted from industry Tropospheric ozone is a constituent part of smog IPCC estimates that tropospheric smog is a GHG with about of the warming effect of CO2
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OZONE LAYER DEPLETION

Ozone absorbs ultraviolet radiation A thinning of the ozone layer is linked to increased risk of skin cancer and deleterious effects on animals and plants

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ACID RAIN

Can lead to pollution of rivers, lakes, forests and the built environment. It is caused when chemicals in industrial smoke react with water vapours in the atmosphere to form very weak acids which fall as rain. Reducing quantities of pollutants emitted by vehicles and industry reduces the production of weak acid and thus of acid rain.
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ACID RAIN

Acid rain is linked to the killing of fish, birds and trees It can cause damage to buildings It can be carried for great distances on the wind

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DIRECT HARM TO HUMAN HEALTH

Respiratory problems caused by particulate matter, nitrous oxides and sulphur dioxide Brain damage caused by lead Cancer caused by ozone depletion, benzene and dioxins Deaths brought forward
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EU DIRECTIVES
Ambient Air Quality Directives National Emission Ceilings Directive Industrial Emissions Directive Solvent Emissions Directive Petrol Vapour Recovery Directive Sulphur Content of Liquid Fuels Directive Directive 98/70 on the quality of petrol and
diesel fuels as amended by Directive 2009/30/EC
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EU LEGISLATION
National Emissions Ceiling Directive
2001/81/EC (to be amended):
Sets ceilings for each Member State for emissions of ammonia, oxides of nitrogen, sulphur dioxide and volatile organic compounds (VOCs). These four pollutants are primarily responsible for acidification, eutrophication and ground-level ozone. The ceilings must be met by 2010.

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EU LEGISLATION
Air Quality Framework Directive 1996 defines
the policy framework for 12 air pollutants known to have a harmful effect on human health and the environment. There are four Daughter Directives all of which (save the fourth) have been merged into Directive 2008/50/EC on ambient air quality and cleaner air for Europe

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UK AIR POLLUTION
The main pollutants affecting the air in
England and Wales are:
carbon monoxide nitrogen dioxide sulphur dioxide lead ground level ozone small particles cancer causing chemicals like benzene
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UK POSITION
The United Kingdom National Air Strategy Sets out the domestic policy for the
improvement and maintenance of air quality. The Strategy also provides for the local air quality management system which requires local authorities to monitor air quality in their areas against statutory objectives Local authorities are required to take action if local air quality fails to meet statutory objectives.
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ENGLISH LEGISLATION
Road Traffic Regulation Act 1984 - amended
by the Transport Act 2000 The Environmental Protection Act 1990 amended by the Pollution Prevention and Control Act 1999 The Clean Air Act 1993 Environment Act 1995 - provides for the National Air Quality framework
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ENGLISH LEGISLATION

Pollution Prevention and Control Act 1999 Transport Act 2000 Finance Act 2000 - creates the Climate Change

Levy which seeks to minimise greenhouse gases Waste and Emissions Trading Act 2003 provides for statutory emissions trading The Air Quality Standards Regulations 2007 No. 64 Environmental Permitting (England and Wales) Regulations 2010
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REGULATION OF INDUSTRIAL POLLUTION

INTEGRATED POLLUTION PREVENTION AND CONTROL

Pollution Prevention and Control (PPC)
is a regulatory regime for controlling pollution from certain industrial activities. Since 6 April 2008 PPC has been incorporated into the framework of the Environmental Permitting Regulations.
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IPPC/ENVIRONMENTAL PERMITTING

Industrial Emissions Directive 2011 Pollution Prevention and Control Act 1999 Environmental Permitting Regulations 2010 Holistic approach to permitting Covers use of raw materials, waste and energy use as well as pollution of land, air and water

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ENVIRONMEMTAL PERMITTING

Environmental site survey Noise Efficient use of raw materials and energy Drive towards sustainable development Balance between human activity and exploitation of natural resources

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ENVIRONMENTAL PERMITTING
Part A1: activities that give rise to

significant emissions into air water or land regulated by EA Part A2: activities that give rise to less significant emissions into the air water or land regulated by the local authority Part B: activities requiring air regulation only regulated by the local authority
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BEST AVAILABLE TECHNIQUE

BAT:
The most effective and advanced stage in the development of activities and their methods of operation which indicates the practicable suitability of particular techniques for providing the basis for emission limit values designed to prevent, and where that is not practicable, generally to reduce the emissions and the impact on the environment as a whole'.
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INTEGRATED POLLUTION PREVENTION AND CONTROL

Techniques include: The technology used The way in which the installation is:

designed built maintained operated de-commissioned
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INTEGRATED POLLUTION PREVENTION AND CONTROL

Available means those techniques developed
on a scale which allows implementation in the relevant industrial sector under economically and technically viable conditions taking into consideration the costs and advantages whether or not the techniques are used or produced inside the Member State as long as they are reasonably accessible to the operator
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INTEGRATED POLLUTION PREVENTION AND CONTROL

Best means the most effective method

to achieve a high general level of protection of the environment as a whole

What is covered
activities and the threshold values usually referring to production capacities or output
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Annex I lists the categories of industrial

INTEGRATED POLLUTION PREVENTION AND CONTROL

General categories include:

energy industries production and processing of metals mineral industry chemical industry waste management other activities eg: plant producing pulp and

paper pre treatment of dying of fibres or textiles

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INDUSTRIAL EMISSIONS DIRECTIVE

Replaces seven existing Directives Extends the scope of activities (for example, some composting & AD facilities, some MBT and RDF production facilities). Imposes new requirements on installations and strengthens existing IPPC principles IED will be implemented as an amendment to the Environmental Permitting Regulations
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TIMETABLE FOR IMPLEMENTATION

7.1.2013 - IED applies to all new installations 7.1.2014 - IED applies to existing installations (not Large Combustion Plants (LCPs) This includes new facilities that were permitted prior to January 2013 but become operational after this date. 7.1.2015 - IED applies to existing installations operating newly prescribed activities 1.1.2016 - LCPs must meet the specific requirements set out in Chapter III and Annex V of the IED.

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ENVIRONMENTAL PERMITTING
The Environmental Permitting (England and
Wales) Regulations came into force on 6 April 2008. EP streamlines and combines WML and PPC into creating a common approach to permit applications, maintenance, surrender and enforcement. EP covers facilities carrying out any activity listed in Schedule 1 of the EP Regulations
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ENVIRONMENTAL PERMITTING
Under the EPR the EA can create a simpler
form of permit - standard permits. Standard permits require that the operator complies with standard rules. The EA is developed these standard rules at a national level and in consultation with industry. For those industries for which standard permits are not appropriate a bespoke permit can be issued
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TOWN ANDCOUNTRY PLANNING

BACKGROUND

Development is planned and controlled by taking a wide range of factors into account:

Social Economic Environmental

Town planning is how much to put where UK planning controls started more than 100 years ago.
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PLANNING ISSUES

Town & Country Planning Act 1990 Planning permissions Conditions Storage of Hazardous Substances (Planning Hazardous Substances Act 1990) Planning and Compulsory Purchase Act 2004 Planning Act 2008 Localism Act 2011 National Planning Policy Framework
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PLANNING
Development: the carrying out of building, engineering, mining or other operations, in on over or under land or making of any material change in the use of any buildings or other land s55 TCPA 1990
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USE CLASSES ORDER 1987

Avoids the need for planning permission

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ENVIRONMENTAL IMPACT ASSESSMENT

What is environmental impact assessment? When is environmental impact assessment
needed? How `significance' will be assessed Obtaining a ruling on the need for EIA Screening and scoping Preparing an environmental statement
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NUISANCE

STATUTORY NUISANCE
EPA 1990 Part III
Smoke emitted from premises Fumes or gases from private dwellings Dust steam smell or other effluvia on
industrial trade or business premises Accumulation or deposit Animals Noise Any other matter

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STATUTORY NUISANCE
No definition of nuisance Prejudicial to health means injurious or
likely to cause injury to health (s79 EPA)

Local authority role Person aggrieved

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NOISE
Statutory nuisance EPA 1990 S79 Control of Pollution Act 1974 (construction sites) Noise abatement zones Noise and Statutory Nuisance Act 1993 (noise in streets vehicle machinery equipment) Noise Act 1996 (domestic noise at night) S 42 Anti-Social Behaviour Act 2003 Noise Act Circular 2004

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NOISE
Environmental Noise (England) Regulations
2006 PPS 24 planning and noise revoked by NPPF Building Regulations 2000 Revised Part E (passage of sound in buildings) Clean Neighbourhoods and Environment Act 2005 Private nuisance.

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CONTAMINATED LAND

CONTAMINATED LAND

EPA 1990/EA 1995 Water Act 2003 Contaminated Land Regulations 2000
in force 1.4.2000 What is contaminated land? significant harm or significant possibility of harm
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CONTAMINATED LAND
Specific environmental risk
a source a receptor a pathway Local authority duties Site investigation Who is responsible:

Scale of problem
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Class A persons Class B persons

CONTAMINATED LAND
Land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substance in, on or under land, that (a) significant harm is being caused or there is a significant possibility of such harm being caused; or (b) pollution of controlled waters is being or is likely to be, caused
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WASTE

Waste hierarchy Article 4

Prevention Preparing for re-use Recycling Other recovery eg energy recovery Disposal

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WASTE
Definition of waste Waste Framework Directive 2008 Article 3a waste means any substance or

object which the holder discards or intends or is required to discard Implemented in England through the Waste (England and Wales) Regulations 2011 EWC codes a six digit code for classifying waste
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LANDFILL

Aims:

Landfill Directive 99/31/EC

Reduce waste landfilled Promote recycling and recovery Establish high standard of landfill practice across EU Prevent shipping of waste across boundary

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LANDFILL
Sets minimum standards for the

location, design, construction and operation of landfills Sets targets for diversion of biodegradable municipal waste from landfill Controls the nature of waste accepted for landfill
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LANDFILL
Reduction in biodegradable waste sent to landfill to:
75% of 1995 total generated by 2006 50% by 2009 35% by 2016 (to be reviewed 2014)

UK have extra 4 years at each stage

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LANDFILL
For waste to be accepted for disposal to landfill it
must meet the WAC. The producer must undertake a basic characterisation to ensure it understand the properties of the waste and can decide the appropriate class of landfill Testing (leaching tests) is recommended by the EA. The waste may also need on-going compliance and validation testing to confirm that the characteristics of the waste have not changed.
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LANDFILL
Part 1 Waste and Emissions Act 2003 implements
provisions of the EU Landfill Directive 1999/31/EC which set targets for the UK to reduce landfilling of BMW Tradable landfill permits are flexible economic instruments They enable: LA to landfill BMW up to level of permits held If not all permits are required LA may trade them LA must hold sufficient permits to cover amount of BMW it intends to landfill in a given period.

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HAZARDOUS WASTE
Hazardous waste is waste that shows
one or more of 14 hazards such as flammable, toxic or corrosive. Hazardous waste is defined in the List of Wastes Regulations 2005. Examples include acids, alkalis and mineral oils. Hazardous waste may be solid or liquid
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WATER
Water is not a commercial product like any other, but rather a heritage, which must be protected , defended and treated as such (Water Framework Directive)

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WATER
Legal controls fall into three parts:

Control of water pollution Provision of water supply and sewage

treatment

Permitting of prescribed processes

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COMMON WATER POLLUTANTS

Sewage and organic waste. Chemical pollutants and other toxic materials from industrial processes. Fertilisers and other nutrients that cause eutrophication (a process where water bodies such as lakes become concentrated with nutrients leading to growth of algae etc.

Bacteria and other microbiological agents.

Silts and other solids that do not easily dissolve in water and which obstruct water flow. Pesticides and other agricultural processes
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WATER LEGISLATION

Environmental Protection Act 1990 Water Resources Act 1991 Water Industry Acts 1991 and 1999 Water Act 2003 Nitrate Vulnerable Zone Regulations 1998 Groundwater Regulations 1998 Contaminated Land Regulations 2000 Anti Pollution Works Regulations 1999 Water Resources (EIA) Regulations 2003 Control of Pollution (Oil Storage) Regulations 2001
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WATER
Pollution of surface water
Regular or continuous discharges from a fixed position Point source pollution Pollution which migrates to watercourses over a wide area Diffuse pollution Acute pollution which occurs at one moment in time Pollution incident

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