Summary of Relevant Environmental Legislation and other requirements

Area

/

Main Legislation / Supporting Regulations

/ Regulatory Authority Permit/Consent/ Contract ref no. / Comment/ Area Affected / Control Procedure / Aspects reference
AIR
Machinery Air Pollution
(General and Mechanical Aids.) / Environmental Protection Act 1990 Part III
Clean Air Act 1993 / Local Authority / Machinery must be operated such that noxious fumes and particulates are not released to the atmosphere.
If dark smoke, fumes, grit or dust are emitted, a Local Authority may serve an Abatement Notice.
A person aggrieved by any fumes may apply to the Magistrates Court for an Order. Failure to comply with such an Order is an offence. / Risk Assessments / AO1
Fires / Bonfires / Clean Air Act 1993, Section 2.
Environmental Protection Act 1990/
Environment Act 1995, para. 195 of Schedule 22
Environmental Protection Act 1990 Part III, as amended. /
Local Authority/ EA
/ 1. To protect public health and the environment, local authorities can designate smoke control areas to prohibit emissions of smoke. It is Government policy to encourage the disposal of waste materials by means other than open burning, e.g. composting, recycling etc. In smoke control areas it is an offence to emit smoke from the chimney of a premises or to burn an unauthorised fuel.
2. Anyone carrying out activities involving the disposal or recovery of controlled waste, including waste burning, must do so in compliance with the conditions of a waste management licence (or within the terms of an exemption from licensing). They must also comply with the Duty of Care. See Waste section of this register.
If smoke is emitted which is judged to be a statutory nuisance a local authority must serve an abatement notice. An individual may also apply to the Magistrates Court for an abatement order. Failure to comply with a notice or order is an offence. There is a right of appeal against both. / Waste management
Pollution prevention plan / A02
Dust, Steam & Odours / Environmental Protection Act 1990 Part III, as amended. /
Local Authority/EA
/ If any substance kept on the premises or any process emits dust, steam or odour, steps must be taken to control the emission and any emission to the atmosphere must not prejudice health or be a nuisance.
If dust, steam or odours are emitted which are judged to be a statutory nuisance a local authority must serve an Abatement Notice. A person aggrieved by the emission may apply to a Magistrates Court for an abatement order. Failure to comply with the notice or order is an offence. / Risk Assessments
(specific to the operation)
/ A03
Vehicle Air Pollution / Road Traffic Act 1988. Road Vehicles (Construction and Use) Regulations 1988, as amended.
Environment Act 1995.
The Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997. / Police/Vehicle Inspectorate / Vehicles must be properly maintained so that they do not discharge noxious fumes or particulates into the atmosphere and must meet statutory emissions standards.
It is an offence to operate a vehicle that emits avoidable smoke or other visible vapour.
Most vehicles are also required to meet specific emissions limits.
. It is an offence to cause unnecessary emissions by leaving a vehicle’s engine running unnecessarily whilst stationary. / TPU
Property vehicle service logs/
A04
Energy Emissions /
Finance Act 2001
Climate Change Levy
/ The climate change levy will be a tax on the use of energy in industry, commerce and the public sector, with offsetting cuts in employers' National Insurance Contributions - NICs - and additional support for energy efficiency schemes and renewable sources of energy. / Energy/
A05
Ozone Depleting Substances / Environmental Protection (Controls on Substances that Deplete the Ozone Layer) Regulations 1996
The Fluorinated Greenhouse Gases Regulations 2015
Ozone Depleting Substances (ODS) Regulation (EC) No. 1005 / 2009
The Ozone-Depleting Substances Regulations 2015 / Local Authority and HSE / This regulation provides a schedule for phasing out the production and consumption of ozone depleting substances. It requires refrigerants contained in commercial and industrial refrigerant equipment and air conditioning equipment to be recovered if practicable for recycling, reclamation or destruction during service or maintenance, as well as prior to dismantling or destruction of the equipment. It also requires that all precautionary measures be taken to prevent leakage of ozone depleting refrigerants from such equipment.
EC Regulation No 517/2014, which came into force in the UK on 1 January 2015, is designed to reduce emissions of fluorinated greenhouse gases (F Gases), usedpredominantly in the refrigeration and air conditioning sectors and which make asignificant contribution to climate change. Theseassociated domestic Regulations provide powers for authorised persons to enforce the Regulation, prescribing theoffences and penalties and designating certification and training bodies.This regulation does not impact NT sites directly but should be regarded, especially at sites with large catering outlets or heat pumps.
This regulation (which recasts / repeals ODS Regulation (EC) No. 2037 / 2000) is to prohibit and control the production / use of ozone depleting substances thereby reducing atmospheric emissions of these substances in line with the Montreal Protocol . In particular, the EU ODS Regulation concerns the control of emissions from refrigeration systems, air-conditioning units, fire-protection systems and heat pumps.
Provides minimum qualificationsfor working with ozone-depleting substances and establishes the enforcement frameworknecessary to give full effect to the EU legislation (1005/2009) in Great Britain, including setting outoffences. / Waste management/
AO6
Reducing Greenhouse Gases / Climate Change & Sustainable Energy Act 2006 / This Act received Royal Assent on 21 June 2006 and applies to England, Scotland and Wales.
It aims to reduce carbon emissions and fuel poverty through a series of measures designed to encourage micro generation and other renewable energy technologies. / Carbon Trust action plan
Wales Business Plan /
A07
NOISE
Non-Domestic Premises / Environmental Protection Act 1990, Part III / Local Authority / If noise is emitted which is judged to be a statutory nuisance (i.e. prejudicial to health or a nuisance) a local authority must serve an abatement notice. An individual may also apply to the Magistrates Court for an abatement order. Failure to comply with a notice or order is an offence. / Risk Assessments/
A08
Audible Alarms on Buildings / Environmental Protection Act 1990, Part III
Noise and Statutory Nuisance Act 1993
Control of Noise (Code of Practice on Noise from Audible Intruder Alarms) Order 1981. / Local Authority / Alarms should be constructed so that they turn off after a period of 20 minutes. A local authority may serve an abatement notice if the noise from an audible alarm is considered to be a statutory nuisance. / Alarm test logs
(Maintenance contractor)/
A09
Construction Sites / Control of Pollution Act 1974, S60. (COPA)
Environmental Protection Act 1990, Part III / Local Authority / A contractor may apply under S61 of COPA to a local authority or the authority may specify by notice, the noise levels, hours of operation etc. of construction works. Such consent does not prevent subsequent action under the statutory nuisance legislation in the 1990 Act. Failure to comply with a notice is an offence. / New developments/refurbishment
Risk assessments
Contractor induction /
A10
Vehicular / Road Traffic Act 1988
Road Vehicles (Construction and Use) Regulations 1988 / Police / Local Authorities / All vehicle exhaust systems and silencers must be maintained in a good, efficient, working order.
It is an offence under these regulations to use a vehicle on a road in a way, which causes excessive noise, which could have been avoided through the driver exercising reasonable care.
In addition theft alarms must turn off after 5 minutes. / TPU
Service logs/
A11
Stationary vehicles, machinery and equipment / Environmental Protection Act 1990 as amended by the Noise and Statutory Nuisance Act 1993
Control of Pollution Act 1974, as amended by the Noise and Statutory Nuisance Act 1993
Road Vehicles (Construction and Use) Regulations 1986.
The Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997 / Local Authority / A local authority may serve an abatement notice if they judge noise from these sources to be a statutory nuisance. An individual may also apply to the Magistrates Court for an abatement order. Failure to comply with a notice or order is an offence.
Regulations require the driver of a vehicle, when it is stationary, to stop the action of any machinery attached to or forming part of the vehicle (i.e. including the engine) as far as this may be necessary to prevent noise. The requirement does not apply if the vehicle is stopped in traffic, or if it is necessary to examine the machinery due to its failure or derangement, or if the machinery is not used for driving the vehicle, or if the vehicle is propelled by gas produced in plant carried on the vehicle.
Local Authorities to carry out roadside checks for the prevention of noise or of exhaust emissions / Staff training
Contractor induction/
A12
WATER
Protection of Water Supply from contamination / Water Industry Act 1991 s.73
The Water Regulations 1999 made under Section 73 of the Water Industry Act 1991 / Water/Sewerage Undertaker
(Dwr Cymru) / It is an offence if the owner or occupier of any premises supplied with water by a water undertaker causes, knowingly or intentionally, any of the water system within the building to remain out of order, so in need of repair or so constructed, adapted or to be so used as to contaminate, waste, or be misused or unduly consume the water. The requirements are set out in Water Fittings Regulations 1999. Notification to the water undertakers will be required from customers proposing to extend, alter or erect any building; to install certain water fittings; or to undertake a material change of use to premises. / Waste management
Pollution Prevention Plan
Discharge consents
Tenants to be made aware
Water abstraction licences/
A13
Storage/Spillage of liquids / Water Resources Act 1991, sections 85, 92,161,161A and 219.
Schedule 22 to the Environment Act 1995.
Environmental Protection Act 1990
Groundwater Regulations 1998
Anti-Pollution Works Regulations 1999
Water Resources(Control of pollution)(Silage,slurry and agricultural fuel oil)(Wales) regulations 2010 / Environment Agency / It is an offence to cause or knowingly permit any poisonous, noxious or polluting matter or any solid waste matter to enter any controlled waters.
The Environment Agency may carry out works to prevent or clean up water pollution and recover costs from the potential polluter or polluter.
The Anti-Pollution Works Regulations 1999 the Agency is able to serve notices on potential polluters or polluters requiring them to carry out work to prevent or clean up pollution. Where the person responsible cannot be found or where immediate action is needed, the Agency may carry out works itself and recover costs. It is an offence not to comply with a works notice.
Silage is wrapped with impermeable membrane. Storage to be 10 metres from inland freshwater.
Slurry – to be stored using authorised storage systems
Fuel oil storage on farms – Bunded capacity 100% of contents. Taps/valves to be stored within the bunded area.
Located 10 metres away from Inland freshwater / Materials storage and spills control
Water Management
Discharge consents
Contractor induction
Tenant awareness
Staff awareness/
A14
Environmental Protection Act 1990
Environment Act 1995 / Environment Agency / It is an offence to discharge liquids onto land which cause pollution / (As Above)
Fuel Storage / Regulatory Reform (Fire Safety) Order 2005 (England) / Fire Service / If you wish to store petroleum spirit or LNG (liquid methane), and/or you sell this to the public, you will require a petroleum licence.
Currently, the following Fire & Rescue Services will be able to process your application:
  • Avon
  • Cornwall
  • County Durham & Darlington
  • Cumbria
  • East Sussex
  • Greater Manchester
  • Hertfordshire
  • Isle of Wight
  • Lincolnshire
  • London
  • Merseyside
  • Norfolk
  • Northamptonshire
  • Northumberland
  • Oxfordshire
  • Somerset
  • South Yorkshire
  • Tyne & Wear
  • West Yorkshire.
Only applies to England at present. Monitor Welsh legislative requirements / Materials storage and spills control
Pollution Prevention Plan
Building and Rural Surveyors departments/
A15
Storage of solids / Environmental Protection Act 1990 / Environment Agency / There is a general duty to prevent the escape of solid materials from sites. Materials must be kept in containers or properly secured areas. All such containers or areas must be regularly maintained to prevent escape and damage properly rectified.
Care must be taken with materials, which are prone to escape e.g. powders, paper. / Materials storage and spills control
Pollution Prevention Plan/
A16
Disposal of Effluents / Water Resources Act 1991, sections 85,161 and 161A.
Schedule 22 of the Environment Act 1995 / Environment Agency / Oil interceptors are required to treat drainage from areas where oil is handled or likely to be present. Oil accumulation should be regularly assessed and interceptors regularly cleaned to remove grit and silt from the base.
It is an offence to cause or knowingly allow oil in an interceptor to escape into controlled waters. / Water Management
Materials storage and spills control
Pollution Prevention Plan/
A17
Discharge to Controlled Waters / Water Resources Act 1991, sections 85,161 and 161A.
Environmental Protection Act 1990
Schedule 22 of the Environment Act 1995 / Environment Agency / Aconsent from the Environment Agency is required to discharge to controlled waters. Procedures for applying for a consent are contained in Schedule 10 of the Water Resources Act 1991 and the Control of Pollution (Applications, Appeals and Registers) Regulations 1996 - SI 1996/2971. / Water Management
Discharge consents/
A18
Discharge to Sewer / Water Industry Act 1991 / Sewerage Undertaker/ Environment Agency / It is an offence to discharge any polluting matter (see sections 106 and 111 of the 1991 Act) into a public sewer unless there is in force a discharge consent covering the relevant matter. / Water Management
Discharge consents/
A19
Vehicle Washing / Water Resources Act 1991, sections 85,161 and 161A.
Schedule 22 of the Environment Act 1995 / Environment Agency / A consent is required to discharge water and matter from vehicle washing operations into any controlled waters. / Water Management
Discharge consents/
A20
Surface Water from Car Parks / Water Industry Act 1991
Water Resources Act 1991, sections 85,161 and 161A.
Schedule 22 of the Environment Act 1995
Groundwater Regulations 1998.
Flood and Water Management Act 2010 / Environment Agency / Surface water from car parks should not be discharged into surface water drainage systems. An oil interceptor may be required depending on an assessment of the risk of contamination from matter dropped on the car park. The Environment Agency considers that a discharge consent will be required for car parks in excess of 2000 square meters (117 cars).
If the effluent contains a list I or II substance it is necessary to have regard to the Groundwater Regulations 1998. / Water Management
Drain plans
Pollution Prevention Plan/
A21
Surface Water from garage and fuel delivery areas / Legislation as for Surface Water from Car Parks / Environment Agency / The cleaning of yard and parking areas using steam or pressure cleaners should not be carried out unless the effluent generated can be contained by isolating the area from the surface water drainage system. Such waste waters must be discharged to the foul sewer (with a consent to discharge to foul sewer, see above) / Water Management
Drain Plans
Pollution Prevention Plan
A22
Excavation
De-watering / Legislation as for Surface Water from Car Parks / Environment Agency / Under no circumstances must contaminated water be pumped into watercourses or storm drains. This must be tankered away or discharged to sewers with an appropriate consent from the local water company. Some de-watering effluent can be discharged to land, but consent is required from the Environment Agency beforehand. / Water Management
Pollution Prevention Plan
A23
Land Drainage / Land Drainage Act / Environment Agency / Discharge of treated sewage water, to tertiary treatment reed beds / Water drainage, abstraction and discharge consents
A24
Water Abstraction / Water Resources Act 1991
The Salmon and Freshwater Fisheries Act (SAFFA) 1975
(As amended by schedule 15 of the Environment Act 1995) / Environment Agency / Restrictions on abstraction of water from a source of supply - an abstraction not exceeding 5 cubic metres of water as a one off measure does not require a licence. An abstraction not exceeding 20 cubic metres as a one off measure does not require a licence but must be notified to the Environment Agency and consent obtained. Some categories of abstractions are exempt from the requirement for a licence.
Where a fish pass has been installed, the owner/occupier is obliged to maintain it in a sufficient state – failure to do so is an offence (Section 9(2))
Section 12 (2) makes it an offence to alter or damage the fish pass, alter includes if its allowed to fall into disrepair. / Water drainage, abstraction and discharge consents
A25
Water Conservation / Water Act 2003 / National Assembly for Wales
Environment Agency / The Act received Royal Assent on 20 November 2003. The Act amends the Water Resources Act 1991 to improve long-term water resource management.
To further water conservation the Act contains new provisions to place a duty on the National Assembly of Wales to take appropriate steps to encourage water conservation. / Water Management
A26
Control of bacteria in water systems
(Legionella pneumophila) / Health and Safety at Work etc Act 1974/99
Control of Substances Hazardous to Health Regulations 2002
The control of legionella bacteria in water systems. Approved code of practice and guidance. L8, Health and Safety Executive, 2000. / HSE / Under general health and safety law,you have to consider the risks from
Legionella that may affect your staff or members of the public and take suitable precautions. As an employer or a person in control of the premises (eg a landlord),
You must:
-Identify and assess sources of risk;
-Prepare a scheme (or course of action) for preventing or controlling the risk;
-Implement and manage the scheme
- Appointing a person to be managerially responsible, sometimes referred to as the ‘responsible person’;
-Keep records and check that what has been done is effective / Water management
Building and Rural Surveyor departments
Property staff
Verified contractors
A27
WASTE
Definitions / Waste (England and Wales Regulations) 2011
Amended EC Framework Directive on Waste
Schedule 4 of the Waste Management Licensing Regulations 1994
Waste Management Licensing (Amendment & Related Provisions) Regulations 2005
Environmental Protection Act 1990, Part II
Controlled Waste (England and Wales) Regulations 2012
Hazardous Waste (England and Wales) Regulations 2005
Hazardous Waste (England and Wales) Regulations 2009
Environmental permitting regulations 2010
The Single Use Carrier Bags Charge (Wales) Regulations 2010 / Environment Agency
Welsh Government / The Regulations implement Directive 2008/98/EC, on waste, by replacing waste regulation relating to the registration of waste carriers, the transfer of waste and the waste strategy. They also introduce new provisions which put greater emphasis on the life-cycle of waste.