NEBOSH

ENVIRONMENTAL
MANAGEMENT
CERTIFICATE
FOUNDATIONS IN
ENVIRONMENTAL
MANAGEMENT
WHAT IS THE ENVIRONMENT

Consists of all living organism’s which

provide conditions for development
and growth

This includes the air, water, land, flora,

fauna, natural resources, humans
and their interrelationships
KEY ENVIRONMENTAL
ISSUES
 NOISE

Low frequency noise travels long

distances causing a nuisance
resulting in stress & loss of sleep at
night

Industrial noise can also have an effect

on wildlife such as nesting birds
SOURCES OF NOISE
 Ventilation systems
 Machinery
 Traffic
 Compressor systems
 Announcement systems
 Aviation
SOURCES OF NOISE
 Construction activities
 Railways
 Pubs and clubs
 Neighbours
 Alarm systems
 WASTE

Waste is unwanted or undesired

materials or substances

Some wastes such as food stuffs &

sewage can contribute to greenhouse
gases and cause disease
 WASTE

Some wastes have an economical value

such as metal, glass, wood

Fly-tipping can cause not only n

unpleasant sight but also contamination
of the land, surface water and ground
water
 LIGHTING

Light pollution causes disruption to

ecosystems, animals and human
health such as loss of sleep
 ODOUR

Odours can be annoying and troublesome

It can also have an adverse effect on peoples

life's and also that of animals
COMMERCIAL ODOUR
A defence for a company in regards to the omission of
odour is

“best practicable means”

This means that they are doing everything they

possibly can to prevent the odour
PERMITTED PROCESS
ODOUR
Businesses can have an
“Environmental Permit”
Which means that the process is assessed
while the omissions take place
 ODOUR FROM THE
LAND
This relates to the spreading of manure and slurry
over the land

DEFRA provide advice to the EHD in regards to the

manure or slurry being ploughed into the land
within 72hrs
 ODOUR FROM THE
LAND
It is acceptable that there has to be a certain
level of odour from this process

Any odour present after this period can be

investigated to identify its source
 CARBON EMISSIONS &
CLIMATE CHANGE
Over millions of years carbon has been trapped in
coal, oil, plant & sea life and other minerals

Has humans have developed these substances

have been used to provide energy
 CARBON EMISSIONS &
CLIMATE CHANGE
As these are burnt the carbon is released

Carbon dioxide is absorbed by plants and marine life

Has more fossil fuels are burnt the gases cannot be

absorbed quick enough
 CARBON EMISSIONS &
CLIMATE CHANGE
Because of the increase in carbon dioxide the suns
radiation is trapped within the atmosphere causing a
rise in global temperature

The increase is causing ice sheets to melt and

increasing sea levels, drought, failure of crops etc
CARBON EMISSIONS &
CLIMATE CHANGE
GROUND LEVEL OZONE

Due to human activity low level ozone builds-up

Ozone is formed by a reaction of hydrocarbons

with nitrogen oxides in sunlight
GROUND LEVEL OZONE
Ozone forms an important part of the photochemical smog

This can cause irritation to humans respiratory system &

discolouration to vegetation

This can cause growth to reduce or death of the plant

OZONE DEPLETION
The ozone layer forms an essential barrier to
ultraviolet radiation from the sun

Ozone layer was greatly depleted by

chlorofluorocarbons from CFC’s and refrigerant
gases
OZONE DEPLETION
Health problems related to exposure to ultraviolet radiation
are:

 Skin Cancers
 Eye Cataracts
 WATER SOURCES
Water sources are present in 3 phases these are:

 Solid – ice sheets

 Liquid – seas, rivers, lakes
 Gas - atmospheric
 WATER SOURCES
Water moves between the 3 phases by the process of:
 Evaporation
 Condensation
 Melting
 Freezing
WATER SOURCES

These phases are known as the “hydrological cycle”

This process contributes to the earths weather patterns

WATER SOURCES
97% of water is salt water

3% is fresh water – 77% of that is locked up in ice

1% is in the atmosphere, rivers, lakes & underground

 WATER SOURCES

Discharges to water are covered by the Framework Directive

The directive gives two lists in relation to discharge to water

 WATER SOURCES
List I or “Black List” – lists 129 substances considered to be toxic,
persistent or bio-water accumulative that priority is given to
eliminating pollution of these

Examples – Mercury, cadmium

 WATER SOURCES
List II or “Grey List” – covers substances considered to be less
harmful when discharged in to water

Examples – Zinc, Lead, Copper, Chromium

 DEFORESTATION
This is caused by cutting down trees for farm land and timber

This has continued for thousands of years resulting in around

80% of the worlds forests being lost
 DEFORESTATION
Due to the increase in human population particularly in third
world countries this has been accelerated

Because of the poor soils that forests live on farming is only

short term resulting in more trees being cut down
 DEFORESTATION
As the land is over-farmed the soil turns in to a sand type material
which is blown away by the winds and washed away by rain

This can also result in rivers being silted-up and damage to marine
life
ETHICAL, LEGAL,
FINANCIAL
 ETHICAL
Organisations have a duty to prevent or minimise the impact
on the environments ecosystems from their activities

“We all have a duty to do what we can”

 LEGAL

There is a legal requirement to safe guard the environment

of employees and others effected by what the
organisation does
 FINANCIAL

Costs associated with environment damage can be high

due to clean-up costs and also loss of production, loss
of company image and shareholders value
INCIDENT OUTCOMES
ACCIDENTS & PLANT
FAILURE
These can lead to abnormal releases due to extreme
temperatures and pressures and overfilling

In the past this has lead to loss of control resulting in

uncontrolled venting to the environment
 MAJOR RELEASES
 Seveso 1976
 Buncefield 2005
 Flixborough 1974
 Bhopal 1984
COMMON & STATUTE
LAW
 COMMON LAW
Has grown over the centuries

Judgement is based on precedent

Binding precedents are decisions made by higher courts which are binding
over lower courts
 COMMON LAW
In civil cases a judge normally sits on their own deciding a case on the
“Balance of Probabilities”

They decide whether the acts or omissions were “foreseeable” &

whether “reasonable care” was taken
 STATUTE LAW
This is a source of both “criminal & civil” law

Some are entirely criminal such as the “Environment Protection Act

1990”

Many environmental statutes may be used for civil actions

 COMPARISON OF BOTH

Common Law Statute Law

Judge made  Established by

parliament
Not written down
 Written down
Duty of reasonable
 Different levels of
care care
Environment  Normally constitutes
pollution forms the a criminal offence for
basis for civil cases failure to comply
CIVIL & CRIMINAL LAW
 CIVIL LAW
Civil law deals with disputes between individuals

Two main branches are “contract & tort” law

 CRIMINAL LAW
Where a guilty verdict is decided a number of different sanctions can be imposed
Punishment can mean:
 Restriction on activities
 Fines
 Imprisonment
 Recovery of contaminated land or water
CRIMINAL LIABILITIES
MAGISTRATES COURT
Staffed by lay magistrates not legally qualified

Usually consists of two or three

These courts deal with minor offences

Appeals are usually to crown court

 CROWN COURT
Consists of a judge and jury

Deals with serious criminal environment offences

Hears appeals and committal for sentencing from magistrates courts where they
have decided they don't have sufficient power to deal with the offence
 HIGH COURT
Staffed by judges who have the right of audience in the high court for at least ten
years or a circuit judge holding office for at least 2 years

On hearing a case for the first time a high court judge sits alone
 HIGH COURT
This is divided in to two divisions “Criminal & Civil”

It consists of 35 lord justices of appeal

Normally three judges sit together to hear crown court appeals. A complete rehearing is
not carried out only the evidence from the lower court and legal arguments are heard
SUPREME COURT
Consists of between 9 & 12 law lords

A minimum of 3 but normally 5 law lords constitute a court

A majority decision is given

The court hears appeals from both criminal and civil divisions
ENVIRONMENTAL
OFFENCES
 EPA 1990
Section 23 sets out the levels of penalties for different offences

They are stated as summary or indictable offences

Some offences can be tried either way depending on their seriousness

 LOWER COURTS

The maximum penalties for summary conviction of each offence is a fine of up

to £20,000
 MAGISTRATES COURT
In England & Wales an inspector may prosecute in magistrates court for an
offence under the “Pollution Prevention Control Act”

The outcome of the trial will be “guilty or not guilty”

 CROWN COURT
Maximum penalty for each is unlimited fine and order to remedy the offence

Failure to comply with a notice is unlimited fine and/or 5 years imprisonment or order to
remedy the offence
 DEFENCES
An individual must prove they have taken all “reasonable care”

An employer must prove they took all “reasonable foreseeable precautions”

The accused must prove that it was not “reasonable or reasonable practicable” to do
more
STATUTORY NUISANCE
DEFENCE
SN legislation is enforced by the
Local Authority Environmental health Department

A defence for a business is to prove they used “beast practical means”

to control any release
CIVIL LIABILITIES
TORT OF NUISANCE
Private nuisance is actionable under civil law
It is the interference with the claimants enjoyment of the land

Examples are
 Excessive noise
 Fumes
 Smoke
TORT OF NUISANCE
Public nuisance is a crime and can be actionable under civil law

It effects the general public rather than the individual and affects the
convenience, comfort, health, lives or property
 CIVIL SANCTIONS

Compliance Notice
required to take steps within a stated period to ensure the offence does
not continue or happen again
 CIVIL SANCTIONS

Restoration Notice
required to take steps within a stated period to secure the position “so far as
possible” is restored to what it would have been should the offence not
took place
CIVIL SANCTIONS

Variable Monetary Penalty

required to pay a monetary penalty of an amount determined by the
regulator reflecting the offence
 CIVIL SANCTIONS

Enforcement Undertaking
The person the regulator suspects has committed the offence as to take
one or more corrective actions
CIVIL SANCTIONS

Fixed Monetary Penalty

Pay a fixed amount
 CIVIL SANCTIONS

Stop Notice
Requirements for a person to stop carrying out the activity described in the
notice until steps have been taken to bring back to compliance
NEGLIGENCE
 TORT

Negligence is a tort based on the common law duty of care to a

reasonable standard

It is actionable in civil court for compensation

 TESTS OF PROOF
The injured person must show that

 They were owed a duty of care

 There was a failure fulfil the duty of care
 Because of the failure damage, injury or loss occurred
 DUTY OWED
The duty of care is a degree of care owed to ones neighbour which does
not cause injury, loss or damage

The Duty of Care for Waste

 NEGLIGENCE

A breach in the duty of care which leads to injury, damage or loss is negligence

In order to prove negligence:

 NEGLIGENCE
 A duty of care was owed
 There was a breach of that duty
 Injury, damage or loss occurred due to breach
 It must have been foreseeable by the defendant that damage, injury or loss
would have occurred
VICARIOUS LIABILITY
This is the principal that the employer is liable for the acts of their
employees during the employment

This means that if the employer damages the environment by not

fulfilling a duty of care the employer will be held liable
CIVIL COURTS
SMALL CLAIMS COURT
These underpin the county court structure

A registrar hears cases

Claims of up to £5000 may be awarded

Appeals are to the county court

 COUNTY COURT
These have civil jurisdiction only

They deal with almost every kind of civil case

They hear cases in contract up to £25,000 & tort claims of up to £50,000

 HIGH COURT
These deal with claims over £50,000 and these have no upper limit

The case is heard a single judge

Appeals are made to the court of appeal

COURT OF APPEAL
These hear cases referred from both county and high courts and employment
tribunals

These are typically three judges who hear the case

A complete hearing is not conducted but reviews the evidence and legal arguments
SUPREME COURT
The court hears appeals on arguable points of law of greatest public importance

They hear civil cases for the UK and criminal cases for England, Wales & N Ireland

Independently appointed law lords preside over the court

 DAMAGES
Compensation is sort by the claimant for the damage to be brought back to its original state
before the damage occurred
 COMMON LAW
REMEDIES
Abatement – plaintiff stops the nuisance through physical removal

Damages imposed – courts take into account the duration, nature & severity of interference

Injunctions – imposed on the person causing the nuisance

 CIVIL LAW REMEDIES
There are two main types of remedies that can be sort these are

 Preventative - injunctions
 Compensatory – compensation
 DEFENCES FOR
NEGLIGENCE
Duty not owed

No Negligence – exercised reasonable care

No Injury – no loss or damage suffered

 CASE FOR
ENVIRONMENTAL
MANAGEMENT
PROTECT THE ENVIRONMENT
 DIRECT COSTS

Insurance Premiums Temporary workers

Court Costs Damage to

Fines Equipment
Disposal of Waste
Clean-up Costs
Material
Lost Production

Loss of orders
 INDIRECT COSTS
 Lost time of Employees
 Reduced performance
 Low moral
 Sympathy
 Time spent on investigation
 Preparing reports
 Assisting injured employees
SUSTAINABILITY
WHAT IS SUSTAINABILITY
Defined as

“the right to development must be fulfilled so as to equitably meet the development & environmental
needs of present and future generations”
WHAT IS SUSTAINABILITY
Each year approximately 11m ha of arable land are lost through
 Erosion
 Desertification
 Toxification
 cropland conversation
WHAT IS SUSTAINABILITY
Deforestation affects are

 soil erosion because tree roots not binding the soil

 loss of the tree canopy enables rain to reach the soil washing the soil away
 Silting of rivers
 Formation of new islands
WHAT IS SUSTAINABILITY
Due to the increase of human population the natural resources' are not longer sustainable

We are living beyond our means

Excessive stress is being placed on water, land and air

WHAT IS SUSTAINABILITY
A billion people live on less than a dollar a day

800m people are malnourished

2.5 billion don't have adequate sanitation

 PROTECTING THE
ENVIRONMENT
 Production and use of toxic substances / materials
 Use of alternative resources
 Reliance of public transport
 More economic use of water
 Turn off lights
 Turn off engines
 UK PRIORITIES
There are 4 priority areas

 Sustainable consumption & production

 Climate change & energy
 Natural resource protection & enhancement of the environment
 Sustainable communities
 ENVIRONMENTAL
MANAGEMENT LEGAL
FRAMEWORK
 EPA 1990
Main features are:
 Introduction of IPC & LAAPC
 Classification of Part A & B LAAPC
 Provision to make legislation for prescribed substances
 BATNEEC
 BPEO
 EA 1995
Powers of the EA are effected by:

 Par B processes in regards to air pollution – under local authority control

 Potential problems related to workplace pollutants & release in to the atmosphere – dealt with by the HSE
 PPCA 1999
The purpose is to regulate activities that are capable of causing environmental pollution

Also preventing or controlling emissions capable of causing pollution

 PPCA 1999
The act enables the sectary of state to make regulations for England, Wales & Scotland

It also provides provision for off shore installations to prevent or control pollution by oil or other substances
following an accident
ENVIRONMENTAL PERMITTING
REGULATIONS 2007
 EPR 2007
The regs replace the

 Waste Management Licensing in the EA

 Waste Management Regulations
 (Pollution Prevention and Control) PPC Permitting
 EPR 2007
Provisions of the European Council or Council Directives which impose the obligations which should be delivered through

 Permitting or
 Being capable of being delivered through Permits
 EPR 2007

Provisions of the following European Parliament or Council Directives which impose the obligations which
should be delivered through Permitting or being capable of being delivered through Permits, these are
 EPR 2007
 Prevention of reduction of asbestos pollution
 Procedures for harmonising programs for reduction & eventual elimination of pollution caused by waste from
the titanium dioxide industry
 Control of volatile organic compound emissions from petrol storage & distribution
 EPR 2007
 Limiting emissions of volatile compounds due to organic solvents in certain activities & installations
 Landfill
 End of life vehicles
 Incineration of waste
 On WEEE (Waste Electrical and Electronic Equipment)
 ACTIVITIES
The activities listed in the EPR are split in to three categories, these are

 A1 activities (fixed site & mobile plant)

 A2 activities (fixed site & mobile plant)
 Part B activities (fixed site & mobile plant)
WHEN A PERMIT IS NEEDED
No person shall operate a regulated facility except under and to the extent authorised by an Environment Permit

Anyone operating an activity listed in Part 2 of Schedule 1 of the EPR

New installations will need to apply & obtain a permit before starting the activity
WHEN A PERMIT IS
NEEDED
Anyone wanting to operate an A1 activity needs to apply to the EA

An A2 or Part B activity apply to the local authority

 CONTENT OF A EP
The environmental permit must specify

 The facility to which it relates

 The person authorised to operate the facility
 CONTENT OF A EP
The permit must include

 A map, plan or other description showing the geological extent of the facility
 If there is more than one facility then the combined area can be shown
CONDITIONS RELATED TO
LAND
Conditions may be made under the permit in regards to the land

Consent may be required from another person

Where consent is required that person must grant the operator permission so that the conditions can be met
 SUBSISTENCE OF THE
PERMIT
Once granted the permit will continue until

 revoked in whole
 it is surrendered in whole
 replaced with a consolidated permit
 TRANSFER OF THE
PERMIT
The permit can be transferred in whole or part to another person on a joint application

If an enforcement notice is in force during the transfer then the enforcement is also transferred
 REVOCATION OF THE
PERMIT
The permit can be revoked in whole or part
When revoked the notice must specify:
 Reasons for it
 The extent (partial revocation)
 Any variation in the conditions of the permit
 Date
 NOTIFICATION OF
SURRENDER
The permit can be surrendered in whole or part by notifying the regulator

Notification must be made on the appropriate form

If the regulator feels that the operator has contravened, is contravening or likely to contravene an enforcement
notice may be served
ENFORCEMENT NOTICE
The enforcement notice must state:

 The regulators view

 Specify matters constituting the contravention
 Specify the steps that must be taken to remedy the contravention or to prevent contravention from occurring again
ENFORCEMENT NOTICE
 Specify the period within which the steps must be taken
(Steps that may be specified are:)
 Make the operation comply with EP conditions
 Remedy the effects of pollution caused by the contravention
SUSPENSION NOTICES
If the regulator feels there is a risk of serious pollution a suspension notice may be served

The suspension notice must state:

SUSPENSION NOTICES
 Regulators view under the paragraph
 The risk mentioned in that paragraph
 Steps to be taken to remove the risk
 Period within which the steps must be taken
 That the EP ceases to have effect to the extent specified in the notice
SUSPENSION NOTICES
 If the EP continues state the steps that need to be taken to continue with the operation

The regulator may withdraw the notice at any time by issuing a further notice
The notice will be withdrawn once he is satisfied that specified steps have been taken
 OFFENCES
It is an offence for a person to:
 Contravene or knowingly permit a contravention
 Fail to comply or contravene a permit condition
 Fail to comply with a requirement of an enforcement notice
 OFFENCES
 Make a statement which is false or misleading
 Intentionally make a false entry in a record required under the EP
 Forge or use a document issued or authorised to be issued or kept under a EP condition
 Make or have in his position a document likely to deceive
 PENALTIES
A person found guilty under the regulations is liable to

 Summary conviction to a fine not exceeding £50,000 or 12 months

imprisonment
 Indictment to a fine and/or imprisonment not exceeding 5yrs
 DEFENCE
Acts done in an emergency to avoid danger to human health

Steps must have been taken that were reasonable practicable to minimise
pollution
WATER RESOURCES ACT
1991
 WRA
The act covers protection against water pollution and other water resources management

It only applies to England & Wales

Abstraction of water from any source & impounding work requires a licence
 WRA

Discharging of trade effluent, other poisons or polluting material or solid waste into controlled
water is an offence

Consent must be obtained from the appropriate agency

CONTROL OF MAJOR ACCIDENT
HAZARD REGULATIONS 1999
 COMAH
Implemented by C Directive 96/82/EC known as the Seveso Directive

It is implemented by the Competent Authority consisting of the HSE and EA

It aims to prevent Major Accidents involving Dangerous Substances

 COMAH
It also aims to limit the consequences to people & the environment

It applies to almost 1200 establishments that have the potential to cause major accidents

There are two thresholds – Lower & Top Tier organisations

 COMAH
Where the lower tier threshold is exceeded the CA must be notified

The operator must prepare a MAPP

Where top tier thresholds are exceeded an additional requirement is a Safety Report & a on-
site emergency plan
 COMAH
Local authorities must prepare an off-site emergency plan

Duties are placed on the CA to inspect activities & prohibit any operation where
there is evidence that prevention & mitigation measures are seriously deficient
 COMAH
The CA also have to examine safety reports & inform operators of inspection
outcomes in a reasonable time

Information on COMAH establishments is placed on the public register by the EA

BAT & BPEO
 BAT
The PPC Regulations define BAT as the “ Best Available Techniques”

 Best means – effectives techniques to achieve a high level of protection

 Techniques means – both technology and how the installation is Designed, built,
maintained, operated & decommissioned
 BAT
 Available Techniques Means – most economical & technically viable techniques

BAT covers plant in an installations & how it is used

Management systems must be an integral part of BAT

 BAT
BAT balances the cost against advantages

A technique may be withdrawn if the cost outweighs the benefit to the

environment
 BPEO
Industry should develop pollution control measures taking
in to account the environment as a whole
ROLE & POWERS OF THE
ENFORCEMENT AGENCY,
JUDICIARY & EXTERNAL
AGENCIES
ENVIRONMENT AGENCY
ENVIRONMENT AGENCY
It is a non-departmental public body concerned with protecting and improving
the Land, Water & Air

They cover England & Wales

Board members are appointed by the secretaries of state and DEFRA

AIMS & OBJECTIVES
The main aim s to enhance and protect the environment and
contribute towards
“attaining the objective of achieving sustainable development”
 SUSTAINABLE
DEVELOPMENT
Tin making a contribution towards the objectives the agency should

 Take an holistic approach to environmental protection & enhancement

 Ensure long term implications are taken in to account
 Maintain Biodiversity
 SUSTAINABLE
DEVELOPMENT
 Develop close relationships with all sectors of the community
 Become recognised as a centre for knowledge and expertise
 Provide readily available advice & information on best environment
practise
 Discharge its functions in partnership with business
 EA’S POLLUTION
CONTROL
RESPONSIBILITIES
 Authorisations, licenses & consents for emissions, discharges &
disposals to air, water & land
 Waste management including carriers licenses, regulating the
import & export of waste & control of waste, assessing waste
needs, producing technical guidance
EA’S POLLUTION CONTROL
RESPONSIBILITIES
 Monitoring environmental conditions & publishing statistics,
proposing pollution control measures, advising government
 Provide advice and guidance to industry and others
SCOTTISH ENVIRONMENT
PROTECTION AGENCY
 AIMS OF SEPA
It has a duty to conserving & enhancing the natural heritage of
Scotland, protecting & enhancing buildings, sites, & objects of
interest

It has responsibilities for pollution control to minimise , remedy &

mitigate the effects of pollution
 AIMS OF SEPA
In regards to water it has a duty to promote the cleanliness of
rivers, inland waters, ground waters & tidal waters

It as a duty to promote conversation of the natural beauty &

amenity of inland & coastal waters and flora & fauna
dependant on the aquatic environment
INSURANCE COMPANIES
 INFLUENCE
They have become more aware of the risks of the undervaluation of
some companies

They are more involved in looking at the risk factors leading to claims

Their approach is to look at the quality of the environmental

management systems in place
LOCAL AUTHORITY
LOCAL AUTHORITIES
They inspect and regulate all Part A2 activities

Part A2 activities are known as Local Authority

Pollution Prevention & Control
PUBLIC REGISTERS
Legislation requires that the regulator maintains the public
register of installations under their control

Information that is commercially sensitive may be withheld

IPPC IN SCOTLAND

Pollution Prevention & Control (Scotland) Regulations 2000

cover the IPPC regime in Scotland

Installations subject to IPPC are:

IPPC IN SCOTLAND
 Part A – larger more polluting industries subject to IPC also activities
in food & drink and waste management & intensive agriculture

 Part B – less polluting industries and bulk chemical stores

IPPC IN SCOTLAND
SEPA are responsible for regulating all IPPC installations unlike
England and Wales where the local authority regulate them
POWER OF INSPECTORS
 POWERS UNDER THE
EA
 Enter premises at any reasonable time
 Take a constable if necessary
 Examine & investigate
 Instruct the premises are left undisturbed
 Take photo’s, drawings, measurements
 Take samples or retain unsafe articles or
substances
POWERS UNDER THE EA
 Order the testing, dismantling &
examination
 Take possession of items
 Ask questions and take statements
 Inspect & copy documents
 Provide assistance
POWERS UNDER THE
EA

They can also issue prohibition and

improvement notices

Conduct cases in England and Wales

POWER OF UTILITY
COMPANIES
 THE WATER INDUSTRY
ACT 1991 &1999
The act covers the charges for supply of water
and provision of sewage services in England
and Wales

Under the act utility companies

have the power to
 THE WATER INDUSTRY
ACT 1991 &1999
 Disconnect for non payment
 Right of consumer to elect for charging by
reference to volume
 Carry out works in connection with
metering
 Extension of power to carry out works in
connection with metering
ENFORCEMENT NOTICES
PROHIBITION NOTICES

If the enforcing authority feels that a

prescribed process involves an imminent
risk of serious pollution a prohibition notice
may be served

The prohibition notice shall

PROHIBITION NOTICES
 State the regulators opinion
 Specify the risk
 Specify the steps needed and time period to
remove it
 Instruct that the operation must cease until
the notice is withdrawn
 Where applicable to a part then conditions
may be set
PROHIBITION NOTICES
 The notice may be withdrawn once the
authority is satisfied that steps specified
have been taken
 ENFORCEMENT
NOTICES
If the regulator feels that a prescribed process
is contravening or likely to contravene any
condition an enforcement notice may be
served

The notice shall state

 ENFORCEMENT
NOTICES
 The regulators opinion
 Specify the matters constituting the
contravention or likely matters that may
cause the contravention
 Specify steps needed to remedy the
contravention or matters likely to cause the
contravention
 Specify the time period for steps to be taken
 ABATEMENT
Local authorities are required under the EPA to
reasonable steps to investigate & take
action
where necessary where there are justified
complaints of nuisance

Nuisance is any fumes, gases, dust, steam or

smell from premises affecting enjoyment or
other premises
 ABATEMENT
This type of nuisance are:

 bonfire smoke or ash

 Smoking chimneys
 Dust from demolition
 Smells from cooking
 ABATEMENT
The authority has no power to deal with smells
from domestic premises

An abatement notice will be served where

authority feels that a nuisance is justified

The notice is served upon the person

responsible, occupier or owner of the
premises
 ABATEMENT

Failure to comply with the notice is an offence,

those found guilty can receive a max fine of
£5,000 (domestic premises) and
£20,000 (commercial premises)
 AUTHORISATION
REVOKED
The enforcing authority can revoke a permit by
notice to the person holding the permit

This could be done where the authority feel a

prescribed process is not carried out in
accordance with the authorisation
 AUTHORISATION
REVOKED
The revocation has effect from the date stated
on the notice

The period between the date on the notice and

that of the date served shall not be more
than 28days

The authority can withdraw the notice before

the date or vary the date specified on it
 REMEDIATION
If an installation gives rise to an imminent risk
of pollution the regulator can arrange for
the risk to be removed

If an operator commits an offence resulting in

pollution the regulator can require the
clean-up take place at the operators
expense
 APPEALS

The following persons can appeal to the

secretary of state against an enforcing
authorities decision

A person who
 APPEALS
 Has been refused the grant of a permit
 Is aggrieved by the conditions attached to
the permit
 Has been refused a variation of a permit on
an application
 Whose permit has been revoked
 APPEALS
A person on whom a variation, enforcement or
prohibition notice has been served can
appeal to the secretary of state

On appeal against a decision of an enforcing

authority the secretary of state may

Prohibition notice appeals will not suspend the

notice
 APPEALS
 Affirm a decision
 Direct the enforcing authority to grant or
vary the permit
 Quash all or any of the conditions of the
permit
 Quash the decision on a revoked permit
 Give directions as to the conditions to be
attached to a permit
 ENFORCEMENT
Criminal offences under the EPR include

 Operating an installation without a permit

 Failing to comply with a permits conditions
 Failing to notify any changes to the
regulator
 ENFORCEMENT
Conviction is in magistrates court and carries a
fine of up to £50,000 & up to 12 months
prison

Crown court is an unlimited fine and/or up to 5

years imprisonment