Environmental Law Final-2013

ENVIRONMENTAL LAW

© Hilary Stone 2013Brunel University UK

Lectures 2 and 3

(c) Hilary Stone 2013 Brunel University 2

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

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.(c) Hilary Stone 2013 Brunel

University 3

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


5

WHY?

To protect people How?

To protect the environment Why?

(c) Hilary Stone 2013 Brunel University

6

ENVIRONMENTAL MATTERS OF CONCERN

Air pollution

Noise pollution

Water pollution

Waste issues


THE EUROPEAN DIMENSION

8

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. (c) Hilary Stone 2013 Brunel

University

9

TREATY PROVISIONS

Article 11 Environmental protection

requirements must be integrated into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting sustainable development


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TREATY PROVISIONS

Title XX Article 191Union 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.



The polluter pays

Prevention Precaution Subsidiarity Proximity

Proportionality Sustainable

development Protection and

integration Standstill orders

EU OLD CORNERSTONE PRINCIPLES

AIR POLLUTION


AIR POLLUTION?


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PROBLEMS

Human activities: Industrial

Fumes from complex industrial processes Transport

Domestic Lighting a fire Driving a car Using spray deodorant Outdoor heating


GREENHOUSE GASES

Absorb the sun’s 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 ¼ 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


19

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”

22

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



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



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


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.


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


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

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



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



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

ENVIRONMENTAL PERMITTING


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'.



‘Techniques’ include: The technology used The way in which the installation

is: designed built maintained operated de-commissioned



‘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



‘Best’ means the most effective method to achieve a high general level of protection of the environment as a whole

What is covered Annex I lists the categories of

industrial activities and the threshold values usually referring to production capacities or output



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.


42


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 (c) Hilary Stone 2013 Brunel

University



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

TOWN ANDCOUNTRY PLANNING


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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.


PLANNING ISSUES

Town & Country Planning Act 1990Planning permissionsConditionsStorage of Hazardous Substances (Planning

Hazardous Substances Act 1990)Planning and Compulsory Purchase Act 2004Planning Act 2008 Localism Act 2011National 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


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

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


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


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


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.

CONTAMINATED LAND


CONTAMINATED LAND

EPA 1990/EA 1995Water Act 2003Contaminated Land Regulations

2000 – in force 1.4.2000What is contaminated land?

significant harm or significant possibility of harm


CONTAMINATED LAND

Specific environmental risk a source a receptor a pathway

Local authority duties Site investigation Who is responsible:

Class A persons Class B persons

Scale of problem


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”


WASTE

Waste hierarchy Article 4 Prevention Preparing for re-use Recycling Other recovery eg energy recovery Disposal


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


LANDFILL

Landfill Directive 99/31/ECAims:

Reduce waste landfilled Promote recycling and recovery Establish high standard of landfill

practice across EU Prevent shipping of waste across

boundary


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


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


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.


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.


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


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)


WATER

Legal controls fall into three parts:

Control of water pollution

Provision of water supply and

sewage treatment

Permitting of prescribed processes


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


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


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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