Summary of Key Points for Unit 7

The Register of environmental Regulations not only lists the statutes and regulations which apply to a company's activities, but also describes the procedures for identifying and screening the relevant legislation (see Para. 7:20).

1. The register includes descriptions of the activities of regulatory bodies concerned with process authorisations under EPA 1990, planning consents, consents for discharges to water and the regulation of waste disposal (see Para. 7:2.1).
   
   
2. Process authorisations for Schedule A processes are determined by the Environment Agency (SEPA in Scotland) under Part 1 of EPA 1990 (see Para. 7:2.1.1).
   
   
3. The Environment Agency (or SEPA) is required to apply the BATNEEC principal to all releases into the environment; the BPEO is applied when a process involves releases into more than one environment medium (see Para. 7:2.1.1).
   
   
4. The Environment Agency (or SEPA) is empowered to serve enforcement notices and prohibition notices, and can also revoke process authorisations (see Para. 7:2.1.1).
   
   
5. Planning permission for proposed new developments is determined by LPAs who may require the submission of environment statements summarising the outcome of environment assessments (see Para. 7:2.1.2).
   
   
6. The Environment Agency (or SEPA) now controls discharges to 'Controlled Waters', which include territorial waters, some coastal areas, inland waters and groundwater (see Para. 7:2.1.3).
   
   
7. Discharges of trade effluent to sewer are negotiated with local water treatment companies, but the environment agencies will also be involved if the discharges contain any 'red list' substances (see Para. 7:2.1.3).
   
   
8. Following implementation of EPA 1990, all controlled waste disposals are regulated by the new WRAs (part of the Environment Agency since 1 April 1996), which separate the licensing and regulatory functions of the WDAs (see Para. 7:2.1.4).
   
   
9. Waste collection may now be carried out by the new LAWDCs as well as existing WCAs or private contractors, but waste disposal may only be carried out by companies granted waste disposal licences by the WRAs (see Para. 7:2.1.4).
   
   
10. A major rationalisation of regulatory powers came into effect on 1 April 1996 throughout Great Britain following passage of the Environment Act 1995 (see Para. 7:2.1.6).
    
    
11. Companies can now purchase a guidance document setting out 12 procedural steps for coping with the identification and remediation of contaminated land and dealing with the enforcement authorities (see Para. 7:2.1.5.2).
    
    
12. In compiling the Register of Regulations, account should be taken of current and pending environmental legislation covering five general categories of effects: atmospheric emissions, discharges to water, solid waste, energy usage and impacts on the ecology of the natural environment (see Para. 7:2.2).
    
    
13. Legislation on gaseous emissions includes the UK EPA 1990, COPA 1974, HASWA 1974 and the Clean Air Acts, innumerable European directives and several international agreements and protocols (see Para. 7:2.2.1 and Figure 4).
    
    
14. Legislation on discharges to water includes the UK EPA 1990, COPA 1974, Water Acts, Public Health Acts and Trade Effluent regulations, all of which implement the provisions of several EU directives (see Para. 7:2.2.2 and Figure 5).
    
    
15. Legislation on waste includes the UK EPA 1990, COPA 1974 and their subsequent regulations, and several EU directives (see Para. 7:2.2.3 and Figure 6).
    
    
16. There is little regulation of energy usage, apart from the Building Regulations and the Electricity at Work regulations, but the EU's 'carbon tax' remains a possibility (see Para. 7:2.2.4).
    
    
17. In response to the UK's commitment to the Rio summit, new legislation concerning the protection of biodiversity was introduced in 1997 (see Para. 7:2.2.5).
    
    
18. Health and safety legislation with an environmental dimension should be included in the Register of Regulations (see Para. 7:2.3 and figure 7).
    
    
19. Compilation of the register should be a senior executive responsibility, with the operations director (or similar) co-ordinating the task (see Para. 7:3.1).
    
    
20. Compilation logically begins with a preliminary sweep through all potentially applicable regulations as soon as an evaluation of environmental impacts has been completed or the draft of a Register of Effects becomes available (see Para. 7:3.2).
    
    
21. Relevant legislation is screened by the operations director with the assistance of the company's EMSC (see Para. 7:3.2).
    
    
22. The register should not simply list the applicable statues and regulations, but should link them to specific company activities and effects (see Para. 7:3.3).
    
    
23. There must be a documented procedure for screening the applicable legislation (see Para. 7:3.3).
    
    
24. The style and format of the register should be the same as that adopted for the Register of Effects (see Para. 7:4).
    
    
25. The register will have at least three sections: screening procedures; list of statues, regulations, etc; and specific environmental provisions linked to company activities (see Para. 7:4.3).
    
    
26. The company needs to refer to several information sources, not only to compile the register, but also to keep it up to date (see Para. 7:4.4).