04/05/23 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

04/05/23 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

04/05/23 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

04/05/23 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

04/05/23 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

04/05/23 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

04/05/23 8

04/05/23 9

Presented by; Ray White C.ENV. CQP

Aspen Business Consultants Ltd.

Welcome to ISO 14001:2015 updates

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

Management SystemP

CustomersThe Media

Public

NGO’s - non industrial

NGO’s - industrial

Academia

Science

Governments

Industrial federationsUnions

Banks

Insurance companiesPressure groups

Shareholders/ Owners

Regulators

Competitors

Interested Parties

Emergency Responders

Staff

The WI

…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!

20

Political ecological/environmental issuescurrent legislation home marketfuture legislationinternational legislationregulatory bodies and processesgovernment policies

Economic home economy situationhome economy trendsspecific industry factorscustomer/end-user driverstaxation specific to product/servicesseasonality/weather issues

Social lifestyle trendsdemographicsconsumer attitudes and opinionsmedia viewslaw changes affecting social factorsbrand, company, technology imageconsumer buying patternsfashion and role modelsmajor events and influencesethical issues

Technological competing technology developmentresearch fundingassociated/dependent technologiesreplacement technology/solutionsmaturity of technologymanufacturing maturity and capacityinformation and communicationsconsumer buying mechanisms/technologytechnology legislationinnovation potentialtechnology access, 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 and opportunities and needs and expectations of interested parties

Environmental aspects – life cycle perspective, interested parties?

Compliance Obligations- was legal and other requirements –no real change.

Planning action – take action to address 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

Resources- no change Competence - no real

change Awareness –no real

change Communication –

what, when, how, who? Reliable and accurate

Documented information – no need for manual and procedures –BUT…

24

8 Operation No real change on

the need for and extent of operational control with respect to design, purchase and operation

Emergency preparedness and response – no great change but now a requirement to ‘periodically review’

25

9 Performance Evaluation Monitoring

measurement and evaluation of environmental performance – what, how, when + analysis and communication.

Evaluation of compliance – no real change

Internal audit –no real change.

Management review – as before + review 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

Envi

ronm

enta

l Man

agem

ent ISO 14001 Environmental Management

A view from the Bridge

Envi

ronm

enta

l Man

agem

ent

Envi

ronm

enta

l Man

agem

ent 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

Envi

ronm

enta

l Man

agem

ent 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

• No two EMS’s are the same. Every organisation is different with a unique set of positive and negative environmental impacts

Ultimately the aim of an EMS is to reduce the organisation’s impact on the environment

Envi

ronm

enta

l Man

agem

ent Business drivers for an EMS

• Reduced costs:energy, waste, water

• Management: improved data = better decisions• Marketing:

attract students, stafffunding from investors support from industry

• Legal compliance & risk control• Improve / protect brand and reputation• Market reassurance• Enhanced student experience• Improves communication between departments

Envi

ronm

enta

l Man

agem

ent 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”

Envi

ronm

enta

l Man

agem

ent

* 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

Benefits already realised

Envi

ronm

enta

l Man

agem

ent

Envi

ronm

enta

l Man

agem

ent Can you see

any obvious ways of

helping you make the

College more sustainable?

Envi

ronm

enta

l Man

agem

ent

Envi

ronm

enta

l Man

agem

ent What additional resources would you like in order to

make what you have already done more sustainable?

Envi

ronm

enta

l Man

agem

ent Impacts of the EMS at Sparsholt

•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%

Envi

ronm

enta

l Man

agem

ent Some of the projects and improvement since EMS

Envi

ronm

enta

l Man

agem

ent

Envi

ronm

enta

l Man

agem

ent 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

Envi

ronm

enta

l Man

agem

ent19 buildings at Sparsholt College and Andover College

Sparsholt:Littleton HallCrawley HallDean HallMJ’sSports CentreAquatics CentreRifle RangeDog GroomingSmall AnimalsExotic AnimalsE10/E11Long BarnPig Units 1,2,3Equine ArenaGame & Wildlife Centre

Andover:Professions Academy6th Form Academy

= buildings with new solar PV

Envi

ronm

enta

l Man

agem

ent Next steps -

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 ANALYSISDuncan East

4.1 Understanding the organization and its contextThe 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 partiesThe 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 GeneralWhen 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 actionThe 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?