A Wellington dairy farmer pollution prosecution following incident after slurry entered watercourse.
A farmer has been given 14 weeks in prison suspended for a year and ordered to pay £10,000 costs after he persistently allowed slurry to run off into a stream near his farm.
David Bartlett, aged 70, of Upcott Dairy Farm, Sampford Arundel, Wellington, appeared for sentencing before District Judge Brereton at Taunton magistrates’ court on Thursday 18 July.
He had previously pleaded guilty to three offences relating to pollution to the Westford stream, a tributary of the River Tone. He was also ordered to pay £154 victim surcharge.
In a case brought by the Environment Agency, the court heard that the farm had a long history of failing to properly contain slurry and had been warned several times in the past for causing pollution of the Westford stream.
In October 2022, Agency officers installed remote monitoring equipment on the stream which confirmed regular pollution events were continuing to occur.
Using the data from the remote monitoring, officers went to the monitoring site in December 2022 where they found significant amounts of sewage fungus contaminating the bed of the watercourse, an indication of persistent pollution.
Pollution resulted in poor quality of water
Continuing upstream towards Upcott Dairy Farm, colonies of bloodworm were evident. These are a species of pollution tolerant organism associated with poor water quality. No invertebrate life forms were noted when stones in the stream bed were turned over, further indicating the poor quality of the water.
Near the farm, one of the officers saw a nearby ditch had suddenly started to discharge a significant amount of effluent with the appearance and smell of slurry. The source was quickly traced to an overflowing underground slurry tank on Upcott Dairy Farm.
Officers also investigated the system used for applying slurry to fields. Typically, farmers will use slurry to provide nutrients to their crops or grass. Bartlett was using a simple pipe to dispose of slurry in a single location.
Although not discharging slurry at the time of the pollution event inspection, it was clear there was significant contamination of slurry around the end of the pipe and evidence that slurry had tracked down the field toward the Westford stream.
A subsequent visit found slurry being pumped on to waterlogged land with no attempt to use the slurry for crop benefit. The slurry was several inches thick in the field indicating it had been pumped over a prolonged duration in the same location.
Toward the bottom of the field there was a significant build-up of mud and slurry either side of the gateway crossing the stream. This too presented a risk of further runoff pollution into the stream.
Pollution survey revealed stream affected for 2.5km
A biologist’s survey and report confirmed that the Westford stream had experienced repeated, acute and sustained chronic pollution events by slurry. Lack of slurry storage had led to slurry being pumped inappropriately on to a single patch of land where it was likely to run-off and cause pollution.
Bartlett had failed, despite repeated warnings, to install slurry storage facilities that would allow slurry to be stored during winter when ground conditions were unsuitable.
The report stated there had been “a significant negative impact on the aquatic invertebrate community and water quality along 2.5km of Westford stream.”
Bartlett submitted a statement to the Environment Agency in which he made limited admissions, implying others, such as his neighbour and the local authority were responsible. He denied deliberately pumping slurry into the watercourse.
Judge Brereton said there were significant aggravating features in the case, including Bartlett having previously been warned over causing pollution, his failure to carry out proper checks or make structural improvements by way of an adequate, compliant slurry storage system which is capable of storing slurry having received funds from the Rural Payments Agency to pay for infrastructure that would improve the environment and not cause significant, sustained pollution incidents.
Dairy farmer repeatedly ‘failed to acknowledge’ advice
David Womack of the Environment Agency said:
This farmer has, over the years, caused numerous pollution incidents and he has repeatedly failed to acknowledge the advice given or to improve the facilities for storing or properly using slurry.
For over 30 years there has been legislation in place requiring all livestock farmers to have storage facilities capable of storing a minimum of four months’ slurry production. The 2018 Reduction and prevention of Agricultural Diffuse Pollution Regulations now also require farmers to plan all applications of slurry in order to reduce the risk of pollution. Pumping slurry on to waterlogged land is unlawful and is likely to cause diffuse pollution.
We hope Mr Bartlett will now work with us to voluntarily improve the facilities at Upcott Dairy Farm. If he doesn’t, we won’t hesitate to use other legislative powers to reduce the risk of further pollution
Pollution prosecution charges
The charges against the defendant were:
On and before the 2 December 2022 you, David Bartlett, did cause an unpermitted water discharge activity, namely the discharge of poisonous, noxious or polluting matter from Upcott Dairy Farm, Sampford Arundel, Wellington, Somerset, into inland fresh waters contrary to Regulations 12(1)(b) and Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016.
On and before the 2 December 2022 you, David Bartlett, a Land Manager did not ensure that organic matter, namely cattle slurry, was not applied to agricultural land that was waterlogged, flooded or snow covered in that you applied organic fertilizer to waterlogged ground contrary to Regulation 3(a) and 11 of the Reduction and prevention of Agricultural Diffuse Pollution (England) Regulations 2018
On and before the 2 December 2022 you, David Bartlett, a Land Manager did not ensure that for each application of organic or manufactured fertilizer to agricultural land, the application was planned so as not to give rise to a significant risk of agricultural diffuse pollution contrary to Regulation 4(1)(a)(ii) and 11 of the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018.
Prevent pollution with effective slurry management
Effective slurry management is crucial for both environmental sustainability and farm productivity. Here are some best practices for slurry management in the UK:
This appeal forms part of long-running litigation about discharges of foul water contaminated with untreated sewage into the Manchester Ship Canal. The Supreme Court is asked to decide whether the owner of the beds and banks of the canal, the Manchester Ship Canal Company Ltd (“the Canal Company”), can bring a claim in nuisance or trespass when the canal is polluted by discharges of foul water from outfalls maintained by the statutory sewerage undertaker, United Utilities Water Ltd (“United Utilities”).
United Utilities is the statutory sewerage undertaker for the North West of England. Its sewerage network includes around 100 outfalls from which material emanating from sewers, sewage treatment works and pumping stations is discharged into the canal. When it is operating within its hydraulic capacity, the discharges are of surface water or treated effluent, but when the system’s hydraulic capacity is exceeded at least some of the outfalls discharge foul water into the canal. There is no suggestion that these polluting discharges are caused by negligence or deliberate wrongdoing on the part of United Utilities. However, they could be avoided if United Utilities invested in improved infrastructure and treatment processes.
The Canal Company threatened to bring a claim against United Utilities for trespass and nuisance. In response, United Utilities asked the court to make a declaration that the Canal Company had no right of action. The court was not asked to decide whether the Canal Company’s claim would be successful on the relevant facts. Rather, the question was whether the claim would be inconsistent with and therefore barred by the statutory scheme for regulating sewerage established by the Water Industry Act 1991 (“the 1991 Act”).
The High Court judge agreed to make the declaration requested by United Utilities. His decision was upheld by the Court of Appeal. The implication of these judgments is that no owner of a canal (or other watercourse or body of water) can bring a claim based on nuisance or trespass against a sewerage undertaker in respect of polluting discharges into the water, unless the sewerage undertaker is guilty of negligence or deliberate wrongdoing. A claim of this kind would be prevented even if the polluting discharges were frequent and had significant and damaging effects on the owner’s commercial or other interests, or on its ability to enjoy its property. The Canal Company appeals to the Supreme Court.
Court Judgment
The Supreme Court unanimously allowed the Canal Company’s appeal. The Court held that the 1991 Act does not prevent the Canal Company from bringing a claim in nuisance or trespass when the canal is polluted by discharges of foul water from United Utilities’ outfalls, even if there has been no negligence or deliberate misconduct. Lord Reed and Lord Hodge give a joint judgment with which the other members of the Court agree.
Reasons for the Decision
The starting point is that the owner of a canal or other watercourse has a property right in the watercourse, including a right to preserve the quality of the water. That right is protected by the common law. The discharge of polluting effluent into a privately-owned watercourse is an actionable nuisance at common law if the pollution interferes with the owner’s use or enjoyment of its property. The Supreme Court was, therefore, asked to decide whether the 1991 Act excludes common law rights of action in nuisance and trespass. This is a question of statutory interpretation.
Statutory Powers
A body which exercises statutory powers, such as a sewerage undertaker, is liable in the same way as any other person if it is responsible for a nuisance, trespass or other tort, unless either it: (i) is acting within its statutory powers, or (ii) has been granted some statutory immunity from suit. If a sewerage undertaker interferes with a person’s rights, it is therefore necessary to distinguish between interferences which Parliament has authorised, which are lawful, and interferences which Parliament has not authorised, which are unlawful. When drawing this distinction, two principles are relevant. First, a person’s rights to the peaceful enjoyment of its property and to access the courts are protected by both the common law and the Human Rights Act 1998.
The principle of legality holds that fundamental rights cannot be overridden by general or ambiguous words. A statute will, therefore, only authorise what would otherwise be an unlawful interference with property rights or deprive a person of the right to bring a legal claim, if this is clear from or a necessary implication of the express language used by Parliament. Secondly, Parliament will not be taken to have intended that statutory powers should be exercised, or duties performed, in a way which interferes with private rights, unless the interference is inevitable.
The 1991 Act does not expressly authorise United Utilities to cause a nuisance or to trespass by discharging foul water through the outfalls into the canal. United Utilities’ entitlement to use the outfalls derives from section 116 of the 1991 Act. However, this entitlement is subject to a number of statutory protections for watercourses. Section 117(5) provides that nothing in section 116 (or the other relevant sewerage provisions of the 1991 Act) authorises a sewerage undertaker to use a sewer, drain or outfall to convey foul water into a watercourse. Sewerage undertakers therefore do not have statutory authority to discharge untreated sewage into watercourses. Section 117(6) prevents a sewerage undertaker from carrying out its functions under the relevant sewerage provisions so as to create a nuisance. Section 94(4) makes it clear that the common law remedies for nuisance – such as an injunction or damages – are available in addition to any remedy available by virtue of section 94. Section 186(3) further protects the owners of watercourses, and other rights-holders, by stating that nothing in the relevant sewerage provisions authorises a sewerage undertaker to damage a watercourse, or the quality of the water in it, without consent.
Unauthorised Pollution
The Court judgment concludes that the polluting discharges similarly cannot be regarded as having been impliedly authorised by Parliament, since they are not an inevitable consequence of a sewerage undertaker’s performance of its statutory powers and duties. In the present case, the discharges could be avoided if United Utilities invested in improved infrastructure and treatment processes.
If Parliament has not authorised an interference with private law rights, it would normally follow that a claimant can enforce those rights at common law. Furthermore, since sections 117(5) and 186(3) limit the authority conferred on sewerage undertakers by the 1991 Act, there must be a common law remedy where those limits are exceeded: otherwise, the sections would have no purpose.
Marcic Case
United Utilities argues that the Canal Company has no cause of action because the only way to avoid the discharges of foul water into the canal would be to construct new sewerage infrastructure. It relies on the House of Lords’ decision in Marcic v Thames Water Utilities Ltd [2003] UKHL 66 (“Marcic”), which it says established that Parliament’s intention was that the construction of new sewerage infrastructure should be a matter for the Secretary of State or the regulator, the Water Services Regulation Authority (known as “Ofwat”), not the courts.
In the Court judgment, the Supreme Court rejects this argument. There are a number of indications that Parliament did not intend the 1991 Act to exclude a claimant’s right to enforce its private property right in a watercourse. First, section 186(7) provides for arbitration where water quality has been damaged without consent, at the option of the party complaining. This strongly suggests that the complainant could alternatively choose to pursue a common law claim.
Statutory Compensation
Secondly, section 180 of the 1991 Act gives effect to Schedule 12, which makes provision for statutory compensation. Compensation is available for damage caused by the authorised acts of sewerage undertakers, but not for damage caused by acts which are unauthorised, such as the discharges of foul water into the canal. This indicates that the victims of unauthorised damage retain their common law rights of action. Otherwise, they would be left without any remedy for the damage they have suffered, which would be anomalous. They would also be treated less favourably than the victims of authorised damage, which would be perverse.
Thirdly, the Court judgment states that depriving the victims of a nuisance or trespass of their common law rights of action would be a substantial change to the law as it stood before the 1991 Act was enacted. It is unlikely that a change of this kind would have been made in a consolidation statute.
Consolidation acts are not designed to make substantive changes to the law, but rather to reorganise and restate the existing law so that it is clearer and easier to understand. Moreover, the Court judgment notes that since the 1991 Act is detailed and elaborate, it would be surprising if Parliament had left an important change in the law to be implied rather than stated expressly. In addition, the principle of legality holds that fundamental common law rights, such as a right of action to protect private property, are not to be taken to be overridden in the absence of express language or necessary implication.
In the Court judgment, the Justices noted that United Utilities relied on section 18, which empowers the Secretary of State and Ofwat to make enforcement orders for the purpose of securing compliance by sewerage undertakers with statutory and certain other requirements. These include the general duty in section 94, which requires sewerage undertakers to provide a sewerage system. Section 18(8) makes it clear that it is not possible to enforce these statutory and other requirements by bringing a claim at common law; an order under section 18 provides the only available remedy. However, this ouster only applies to causes of action that are based on a breach of a statutory or other requirement that is enforceable under section 18. If a sewerage undertaker does something (or fails to do something) which gives rise to an independent common law cause of action, for example, for nuisance or trespass, the 1991 Act does not prevent the courts from enforcing the claimant’s common law rights and awarding any available common law remedies.
The Supreme Court accepted that the regulatory scheme established by the 1991 Act, including the making of enforcement orders under section 18, might be disrupted if the court were to grant injunctions which required a sewerage undertaker to spend large sums on new infrastructure as a remedy for interferences with private property rights. The Court judgement goes on to say that might be so if such an injunction conflicted with the arrangements in the Act for the regulatory approval of capital expenditure and the charges imposed on the sewerage undertaker’s customers.
The Court judgment states however, this does not mean that common law rights of action are excluded in such a case. Instead, the courts may make an award in damages, both for past invasions of property rights and for future or repeated invasions of those rights. This would vindicate property rights in relation to watercourses until the sewerage undertaker is in a position, with Ofwat’s approval, to invest in a long-term solution.
Court Judgment Distinguishes Marcic
The Supreme Court’s conclusion that the 1991 Act does not prevent the Canal Company from bringing a claim in nuisance or trespass when the canal is polluted by discharges of foul water from United Utilities’ outfalls can be reconciled with the decision in Marcic. That case can be distinguished, first, because it did not concern the limits on the authority conferred on sewerage undertakers by the 1991 Act set out in sections 117(5) and 186(3).
Secondly, the Court judgment states that the defendant sewerage undertaker had not created or adopted the relevant nuisance, as it has in the present case. Instead, it was said to be liable for continuing the nuisance by failing to take reasonable steps to avert it by constructing a new public sewer. An essential ingredient of the cause of action was therefore that the defendant was under a duty to build a new sewer, in accordance with section 94(1) of the 1991 Act. That duty could only be enforced by the Secretary of State or Ofwat under section 18, not by the courts.
In contrast, the Canal Company’s proposed claim against United Utilities is not based on a breach of section 94(1), or any other requirement enforceable under section 18, but rather on independent common law causes of action in trespass and nuisance.
Conclusion
The Court judgment is likely to encourage other groups and individuals to consider claims against water companies following pollution incidents. The increased focus on pollution incidents involving water companies has resulted in a number of investigations by the regulator, the Environment Agency, responding to public concerns. Campaign and pressure groups will also be pleased with the Court’s decision.
Risk management is a critical aspect of any business or organisation, and in the UK, it is taken very seriously. The UK has a robust framework for risk management, guided by various institutions and regulations that ensure businesses can identify, assess, and mitigate risks effectively.
The Institute of Risk Management (IRM) is a leading body in the UK that provides internationally recognised qualifications, training, and research in risk management. Their commitment to developing risk management professionals is evident through their extensive resources and events that cater to enhancing skills and knowledge in the field.
The UK government also plays a significant role in establishing risk management principles. The “Orange Book” is a guidance document published by the Government Finance Function and HM Treasury, which lays out the concepts and processes for risk management in government organizations. It complements other publications, such as the “Green Book”, which offers advice on appraisal and evaluation.
Moreover, the Management of Health and Safety at Work Regulations 1999 outlines the minimum requirements for risk assessment in the workplace. It mandates the identification of potential hazards, the evaluation of the likelihood and severity of harm, and the implementation of measures to control or eliminate risks.
The private sector in the UK is also bustling with companies specialising in risk management. These organisations offer a range of services, from consultancy to software solutions, helping businesses navigate the complexities of risk in various industries.
In conclusion, risk management in the UK is a multifaceted discipline supported by a strong institutional framework, government regulations, and a dynamic private sector. Whether it’s for public or private entities, the resources and expertise available within the UK provide a solid foundation for managing risks and safeguarding the interests of stakeholders. With the right approach and tools, organisations can turn risks into opportunities for growth and resilience.
Risk Management Top 10 for 2024
Common Risks Faced by UK Businesses: Navigating the Challenges of 2024
In the ever-evolving landscape of the business world, UK companies face a myriad of risks that can impact their operations and bottom line. As we delve into 2024, it is crucial for businesses to stay informed about the potential challenges they may encounter. Here’s an overview of the common risks that UK businesses are currently facing:
Cyber Incidents
Cybersecurity remains a top concern for UK businesses, with cyber incidents such as cybercrime, IT network disruptions, malware, ransomware, and data breaches leading the list of risks. The sophistication of cyber threats continues to grow, with hackers leveraging new technologies to exploit vulnerabilities. The rise of artificial intelligence (AI)-powered attacks has made it imperative for businesses to bolster their cyber defences and remain vigilant against these evolving threats
Business Interruption
Business interruption, including supply chain disruptions, holds the second spot on the risk list. The UK’s recent history with Brexit and the COVID-19 pandemic has highlighted the importance of business resilience. Companies must navigate import/export costs, cash-flow challenges, staff shortages, and the ripple effects of global events on their supply chains.
Natural Catastrophes
Climbing up the risk ladder, natural catastrophes such as storms, floods, earthquakes, and wildfires pose significant threats. Extreme weather events underscore the need for robust disaster recovery plans and insurance coverage to mitigate the financial and operational impacts of such incidents.
Shortage of Skilled Workforce
The scarcity of skilled professionals is a growing concern, affecting businesses’ ability to maintain productivity and innovation. This risk calls for strategic workforce planning and investment in training and development to bridge the skills gap.
Climate Change
The physical, operational, and financial risks associated with global warming continue to be a pressing issue. With climate change moving up the risk rankings, businesses must integrate sustainability into their core strategies and adapt to the changing regulatory landscape.
Political Risks and Violence
Political instability, terrorism, and civil unrest can disrupt business operations and pose security challenges. Companies must be prepared to respond to political risks and ensure the safety of their assets and personnel.
Legislative and Regulatory Changes
Changes in legislation and regulation, such as tariffs, economic sanctions, and protectionism, can have far-reaching effects on businesses. Staying abreast of legal developments and maintaining compliance is essential for operating within the law.
Macro-economic Developments
Economic shifts, including inflation, deflation, and monetary policies, can alter the business landscape. Organizations must be agile and ready to adjust their strategies in response to macro-economic changes.
New Technologies
The advent of new technologies brings both opportunities and risks. Innovations like AI, autonomous vehicles, and the Metaverse can transform industries, but they also introduce new challenges that businesses must navigate.
Market Developments
Lastly, market developments such as intensified competition, mergers and acquisitions, and market fluctuations require businesses to be competitive and adaptable to sustain growth and success.
In conclusion, UK businesses must adopt a proactive approach to risk management, staying informed and prepared for the diverse range of risks they face. By understanding these common risks and implementing effective strategies to address them, businesses can enhance their resilience and secure a competitive edge in the marketplace.
Risk Management in practice
Managing risk is a critical aspect of business strategy, especially in a dynamic and interconnected global economy. In the UK, businesses face a variety of risks that can impact their operations, reputation, and bottom line. Understanding these risks and implementing strategies to manage them is essential for business resilience and success.
Cyber Incidents
Cyber incidents top the list of risks for UK businesses in 2024, as they did in the previous year. The digital landscape is constantly evolving, and with it, the nature of cyber threats. Businesses must stay vigilant against cybercrime, IT network disruptions, malware, ransomware, and data breaches. Investing in robust cybersecurity measures, employee training, and incident response plans is crucial. Regularly updating IT infrastructure and adopting best practices for data protection can mitigate the risk of cyber incidents.
Business Interruption
Business interruption, including supply chain disruptions, remains a significant concern. The UK’s recent history with Brexit and the COVID-19 pandemic has highlighted the importance of business continuity planning. Companies should assess their supply chain vulnerabilities and develop strategies to ensure operational resilience. This may include diversifying suppliers, stockpiling critical inventory, and establishing alternative logistics arrangements.
Natural Catastrophes
The emergence of natural catastrophes as a top risk reflects the increasing frequency and severity of extreme weather events. Businesses should evaluate their exposure to natural disasters and consider insurance coverage as part of their risk management strategy. Additionally, developing disaster recovery plans and investing in infrastructure that can withstand extreme conditions are proactive steps businesses can take.
Shortage of Skilled Workforce
A shortage of skilled workers can hinder a business’s ability to grow and compete. To address this risk, companies should invest in training and development programs, foster a culture of continuous learning, and explore new recruitment channels. Building partnerships with educational institutions and offering apprenticeships or internships can also help bridge the skills gap.
Climate Change
The risks associated with climate change, such as physical, operational, and financial impacts, are increasingly recognized by UK businesses. Adopting sustainable practices, reducing carbon footprint, and integrating Environmental Social Governance (ESG) criteria into business operations can not only manage risk but also create opportunities for innovation and growth.
Political Risks and Violence
Political instability, terrorism, and other forms of political risk can have sudden and profound effects on businesses. Companies should monitor political developments and have contingency plans in place. Risk transfer mechanisms, such as political risk insurance, can provide financial protection against such uncertainties.
Legislative and Regulatory Changes
Changes in legislation and regulation, including tariffs and economic sanctions, can disrupt business activities. Staying informed about regulatory changes and engaging with policymakers can help businesses anticipate and adapt to new requirements. Compliance programs and legal counsel can ensure that businesses navigate these changes effectively.
Macro-economic Developments
Economic conditions such as inflation, deflation, and monetary policies can impact business performance. Businesses should conduct regular economic analyses and scenario planning to prepare for macro-economic shifts. Diversifying revenue streams and maintaining financial flexibility can provide a buffer against economic turbulence.
New Technologies
The advent of new technologies, including AI and the Metaverse, presents both opportunities and risks. Businesses should evaluate the potential impact of emerging technologies on their operations and industry. Investing in research and development and staying ahead of technological trends can turn these risks into competitive advantages.
Market Developments
Finally, market developments such as intensified competition and market fluctuations require businesses to be agile and responsive. Conducting market research, fostering innovation, and maintaining strong customer relationships can help businesses stay competitive in a changing market landscape.
Conclusion
In conclusion, managing risk is an ongoing process that requires attention, resources, and strategic thinking. By understanding the top risks facing UK businesses and taking proactive steps to address them, companies can build resilience and position themselves for long-term success.
Environmental permitting is a crucial aspect of environmental governance in England, ensuring that activities which could potentially impact the environment are regulated and monitored. The process is overseen by the Environment Agency and local authorities, depending on the scale and nature of the operation.
Permits are required for a wide range of activities, from industrial installations and waste operations to water discharge and groundwater activities. Environmental permitting aims to prevent pollution of the air, water, and land, manage flood risks, and protect land drainage. Operating without a permit when one is required is illegal and can result in significant penalties.
For businesses and individuals looking to understand whether they need an environmental permit, the UK government provides comprehensive guidance. This includes detailed information on what activities require a permit, how to apply, and the responsibilities of permit holders. The guidance is designed to help navigate the complexities of environmental regulation and ensure compliance with the law.
The environmental permitting process reflects the UK’s commitment to maintaining high environmental standards. It is a key part of the country’s efforts to reduce pollution, protect natural habitats, and promote sustainable development. For anyone involved in activities that could affect the environment, understanding and adhering to the permitting process is not just a legal obligation but also a step towards a more sustainable future.
For more detailed information on environmental permitting in England, resources are available on the Environment Agency’s official website, including core guidance documents and access to the public register for environmental information. These resources provide valuable insights into the regulatory framework and practical advice for compliance. Whether you are operating a large industrial facility or a small business, staying informed about environmental permits is essential for legal and environmental stewardship.
Steps to Environmental Permitting
Applying for an environmental permit in England is a structured process designed to ensure that businesses and activities comply with environmental regulations. Here’s a step-by-step guide to help you understand how to apply for an environmental permit:
Determine the Type of Permit Required: First check if your activity is covered by a regulatory position statement (RPS), which may not require a permit if certain conditions are met. If your activity is exempt, you must still register your exemption with the Environment Agency. For non-exempt activities, determine whether you need a standard rules permit or a bespoke permit tailored to your specific business activities.
Pre-Application Advice: Utilise the Environment Agency’s pre-application advice service for basic guidance on the type of permit needed, application forms, and the correct application charge. For more complex requests, consider the enhanced (paid-for) advice service which can provide in-depth assistance on various aspects of the application process.
Prepare Your Application: Gather all necessary information and complete the required risk assessments. Develop a written management system that outlines how you will comply with the permit conditions.
Submit Your Application: Apply online for most standard rules environmental permits. Ensure your site meets the standard rules location criteria before submitting your application. For bespoke permits, follow the specific guidance provided by the Environment Agency to ensure your application addresses all necessary details.
Consultation Process: Be prepared for consultations on your permit application, which may involve public engagement or assessments of the potential impact on heritage and nature conservation sites.
After Application Submission: Once submitted, your application will be reviewed by the Environment Agency. This process may include inspections and further information requests.
Receiving Your Permit: If your application is successful, you will receive your permit, which will outline the conditions you must adhere to. It is crucial to understand and comply with these conditions to operate legally.
Ongoing Compliance: Adhere to the permit conditions and be aware of any reporting or monitoring requirements. Failure to comply can result in enforcement action or revocation of the permit.
Permit Changes or Transfers: If you need to change, transfer, or cancel your permit, follow the Environment Agency’s procedures to ensure continued compliance.
By following these steps and utilising the resources provided by the Environment Agency, applicants can navigate the environmental permitting process with greater ease and confidence. It is essential to approach this process with thorough preparation and a commitment to environmental stewardship.
Common Mistakes in Applying for an Environmental Permit
When applying for an environmental permit in England, it’s crucial to be aware of common pitfalls that can complicate or delay the process. Here are some mistakes to avoid:
Incomplete Applications: Submitting an application without all the necessary information can lead to delays. Ensure that every section is completed accurately.
Incorrect Permit Category: Applying for the wrong type of permit can result in rejection. Verify whether you need a standard rules permit or a bespoke permit based on your activity.
Overlooking Pre-Application Advice: Not taking advantage of the Environment Agency’s pre-application advice can lead to errors. This service can provide valuable guidance on the type of permit needed and the application process.
Poor Risk Assessments: Failing to conduct thorough risk assessments can result in an inadequate understanding of the potential environmental impacts, which is critical for the application.
Inadequate Management Systems: Not having a robust written management system that outlines how you will comply with permit conditions is a common oversight. This system is essential for demonstrating your commitment to environmental protection.
Delay in Responding to Requests: If the Environment Agency requests additional information, respond promptly. Delays can extend the processing time of your application.
Non-Compliance with Conditions: Not adhering to the conditions of your permit once granted can lead to enforcement action. It’s important to understand and comply with all conditions to avoid penalties.
Failure to Update Permit Details: If there are changes to your business that affect your permit, such as a change in processes or ownership, you must update your permit details accordingly.
Neglecting Public Consultation: Ignoring the consultation process can lead to opposition from the public or other stakeholders, which can impact the outcome of your application.
Lack of Preparation for Inspections: Unpreparedness for inspections by the Environment Agency can reveal non-compliance issues. Ensure your site is always compliant and ready for unannounced visits.
By avoiding these common mistakes and carefully preparing your application, you can streamline the permitting process and contribute to the protection of England’s environment. Remember, the key to a successful application is attention to detail, thorough preparation, and adherence to regulatory requirements.
How to ensure compliance with your environmental permit
Ensuring ongoing compliance with environmental permit conditions is a critical aspect of operating responsibly and legally in England. Here are some strategies to help maintain compliance:
Develop a Robust Management System
Your management system should detail how you will meet your permit conditions, including the management of risks and the implementation of pollution prevention measures. It should be a living document, regularly reviewed and updated to reflect any changes in operations or legislation.
Assign Responsibility
Clearly assign compliance tasks to specific team members. This ensures accountability and that everyone knows their role in maintaining compliance. Regular training and updates can keep the team informed and competent.
Conduct Regular Audits and Inspections
Self-audits and inspections can help identify potential compliance issues before they become problematic. Use these to check that operations align with permit conditions and to verify that control measures are effective.
Maintain Accurate Records
Keep detailed records of all activities related to your permit conditions. This includes monitoring data, training logs, incident reports, and any changes to operations or equipment that may affect compliance.
Stay Informed on Legal Updates
Environmental regulations can change. Stay informed by reviewing legal updates, participating in industry forums, and consulting with environmental professionals. This proactive approach can help you anticipate and adapt to new requirements.
Utilise Technology for Monitoring
Implementing environmental management software can help track compliance metrics, manage documentation, and alert you to upcoming deadlines or required reporting.
Engage with Regulators
Maintain open communication with the Environment Agency. They can provide guidance and help you understand your obligations. Engaging with regulators can also demonstrate your commitment to compliance.
Prepare for Environment Agency Inspections
The Environment Agency conducts assessments and inspections to ensure compliance. Be prepared for both announced and unannounced visits by maintaining your site in accordance with permit conditions at all times.
Respond Promptly to Non-Compliance
If you identify any non-compliance issues, address them immediately. Document your actions and notify the Environment Agency if required. Prompt action can mitigate environmental impacts and may reduce potential penalties.
Review and Update Emergency Plans
Have an up-to-date emergency plan for dealing with incidents that could impact the environment. Regularly test the plan and train staff to ensure an effective response if an incident occurs.
By implementing these strategies, businesses can not only comply with their environmental permit conditions but also contribute positively to environmental protection and sustainability. It’s not just about adhering to the law; it’s about being a responsible part of the community and protecting the natural resources that we all rely on.
Penalties for failing to comply with your environmental permit
Non-compliance with environmental permit conditions in England can lead to serious consequences, reflecting the importance of adhering to regulations designed to protect the environment. The Environment Agency, responsible for enforcing these laws, aims to ensure compliance and address any illegal activities that could harm the environment or public health.
Here are some of the potential consequences of non-compliance:
Enforcement Notices
The Environment Agency may issue enforcement notices requiring the permit holder to take specific actions to come back into compliance within a set timeframe.
Civil Sanctions
In cases of non-compliance, civil sanctions such as fixed or variable monetary penalties, compliance notices, restoration notices, stop notices, and enforcement undertakings may be imposed.
Criminal Prosecution
Serious breaches of permit conditions could lead to criminal prosecution, resulting in fines or imprisonment. This is reserved for the most severe cases of non-compliance.
Restoration or Remediation
The permit holder may be required to restore or remediate the environmental harm caused by the non-compliance, which can be costly and time-consuming.
Reputational Damage
Non-compliance can lead to negative publicity, affecting the public’s perception of the business and potentially leading to a loss of customer trust and revenue.
Operational Restrictions
The Environment Agency may impose restrictions on operations until compliance is achieved, which could limit business activities and impact profitability.
Revocation of Permit
In extreme cases, non-compliance can result in the revocation of the environmental permit, effectively ceasing the legal operation of the activity or facility.
Increased Scrutiny
Businesses that have been non-compliant may face increased scrutiny and more frequent inspections from the Environment Agency, adding to operational burdens.
Legal Costs
Non-compliance can lead to legal disputes and challenges, resulting in significant legal costs for the business involved.
Impact on Investment
Investors are increasingly considering environmental, social, and governance (ESG) factors. Non-compliance can make it difficult to secure investment or increase the cost of capital.
The Environment Agency’s enforcement and sanctions policy is designed to be outcome-focused, aiming to stop illegal activities, restore environmental harm, bring activities under regulatory control, and deter future offending. It is crucial for businesses to understand their environmental responsibilities and strive for full compliance to avoid these consequences and contribute positively to environmental protection and sustainability.
How to improve your environmental performance
In the pursuit of environmental excellence, going beyond mere compliance with regulations is a commendable goal that can yield significant benefits for businesses, society, and the planet. In England, where environmental stewardship is increasingly valued, companies have the opportunity to lead the way in sustainability and innovation. Here’s a comprehensive guide on how businesses can enhance their environmental performance beyond the basic requirements.
Embrace a Sustainability Mindset
Adopting a sustainability mindset involves integrating environmental considerations into every aspect of your business operations. This means going beyond the minimum standards set by regulations and seeking ways to reduce your environmental footprint. It’s about making sustainability a core value and driving force behind your business decisions.
Set Ambitious Environmental Targets
Setting ambitious environmental targets can motivate your organization to strive for greater improvements. These targets should be specific, measurable, achievable, relevant, and time-bound (SMART), pushing the boundaries of what is required by law. They should also align with broader environmental goals, such as the UK’s commitment to net-zero emissions by 2050.
Implement Best Practices and Innovations
Research and adopt industry best practices and innovations that can reduce environmental impacts. This could include energy-efficient technologies, waste reduction techniques, or sustainable supply chain initiatives. Collaborating with other businesses and organizations can also lead to shared insights and advancements.
Engage in Environmental Reporting and Disclosure
Transparently reporting on your environmental performance can build trust with stakeholders and demonstrate your commitment to sustainability. Consider participating in voluntary reporting frameworks, such as the Carbon Disclosure Project (CDP) or the Global Reporting Initiative (GRI), to showcase your environmental achievements and challenges.
Foster a Culture of Continuous Improvement
A culture of continuous improvement encourages employees at all levels to contribute ideas and take action to enhance environmental performance. Regular training, employee engagement initiatives, and recognition programs can support this culture, driving innovation and commitment from within.
Participate in Environmental Certification Programs
Environmental certification programs, like ISO 14001, provide a structured approach to managing environmental impacts. Certification can help businesses identify areas for improvement, streamline operations, and gain a competitive edge in the marketplace.
Invest in Community and Ecosystem Projects
Investing in community and ecosystem projects can enhance your company’s reputation and contribute to local environmental conservation efforts. Projects could include habitat restoration, biodiversity initiatives, or educational programs that raise environmental awareness.
Advocate for Stronger Environmental Policies
Businesses can play a crucial role in advocating for stronger environmental policies and regulations. By engaging with policymakers and industry groups, companies can help shape a regulatory environment that supports sustainability and innovation.
Monitor and Evaluate Performance Regularly
Regular monitoring and evaluation of environmental performance ensure that businesses can track progress, identify areas for improvement, and make data-driven decisions. Utilizing environmental management systems and software can aid in this process.
Seek External Recognition and Awards
Applying for external recognition and awards can validate your environmental efforts and inspire further action. Awards can also raise your profile as a leader in environmental performance, attracting customers, investors, and talent.
By implementing these strategies, businesses in England can not only meet but exceed environmental regulations, setting a standard for others to follow. Improving environmental performance is an ongoing journey that requires dedication, innovation, and a proactive approach. The rewards, however, are substantial, including cost savings, enhanced brand value, and a positive impact on the planet.
Some examples of excellence in environmental performance
Showcasing Excellence in Environmental Performance: Inspirational Companies Leading the Way
In the realm of environmental stewardship, certain companies stand out for their exceptional commitment to sustainability and their innovative approaches to reducing their ecological footprint. These organizations not only comply with environmental regulations but also go above and beyond to ensure that their operations contribute positively to the planet. Here are some exemplary companies that have made significant strides in environmental performance:
The BT Group
Headquartered in London, The BT Group is a communications services giant with a clear purpose: to use the power of technology to create a better world. The company has accelerated its rollout of full-fibre networks, aiming to reach 25 million premises by the end of 2026, thus fuelling economic recovery and enhancing connectivity. With EE, the UK’s fastest mobile network under its wing, The BT Group is committed to providing reliable and swift connections, all while maintaining a focus on environmental sustainability.
Reckitt
Reckitt, the British multinational consumer goods company, is on a transformative journey towards sustainable growth. With a portfolio of well-known brands like Durex, Dettol, and Gaviscon, Reckitt designs its products with the highest quality hygiene and wellness in mind. The company’s global community of over 43,000 individuals is dedicated to having a positive impact on communities worldwide, promoting a healthier planet and fostering a fairer society.
Barclays
As a leading British universal bank, Barclays has a rich history spanning over 325 years. The bank operates across more than 40 countries and employs approximately 83,500 people. Barclays is committed to sustainability, evident in its consumer banking and payments operations, as well as its full-service global corporate and investment banking. The company supports service companies that provide technology, operations, and functional services across the Group, all while upholding rigorous sustainability standards.
Schneider Electric
Schneider Electric, the European multinational energy and automation provider, has been recognized for its sustained commitment to environmental, social, and governance issues. The company’s strategy revolves around building a sustainable business that focuses on digital and renewable disruptors. Schneider Electric is actively working to reduce CO2 emissions and slow the rise of Earth’s temperature by focusing on protecting the planet and ensuring greater access to energy.
Ørsted
The Danish power company Ørsted has pledged to fight climate change through renewable energy. Rated as one of the most sustainable companies globally, Ørsted has been recognized as the most sustainable energy company in the world for three consecutive years. The company’s commitment to renewable energy is a testament to its dedication to combating climate change and leading the industry towards a greener future.
Tesla
Tesla is renowned for producing zero-emission electric vehicles and powering its facilities using solar technology. The company’s mission to accelerate the world’s transition to sustainable energy is reflected in its innovative electric cars and renewable energy products.
IKEA
IKEA runs nearly 100% of its operations on renewable energy. The global furniture retailer is known for its commitment to sustainability, from sourcing sustainable raw materials to minimizing packaging waste with recyclable alternatives.
Patagonia
Patagonia, the outdoor clothing and gear company, is deeply engaged in environmental activism. It sources sustainable raw materials, limits packaging waste, repairs customer products for reuse, and actively participates in environmental conservation efforts.
These companies serve as beacons of environmental responsibility, demonstrating that it is possible to achieve commercial success while prioritizing the health of our planet. They inspire other businesses to follow suit, proving that sustainable practices can lead to a more resilient and prosperous future for all.
Small business can also play a part
Emulating Sustainability Practices: A Guide for Small Businesses
Small businesses play a vital role in the global economy and have the unique ability to implement and influence sustainable practices within their communities. While they may not have the same resources as larger corporations, small businesses can still make a significant impact on environmental stewardship. Here’s a guide on how small businesses can emulate the sustainability practices of leading companies:
Understand Your Environmental Impact
The first step is to understand your current environmental footprint. This involves assessing all aspects of your business operations, from energy usage to waste management. Tools like carbon calculators can help quantify your impact and identify areas for improvement.
Set Clear Sustainability Goals
Define clear, achievable sustainability goals for your business. Whether it’s reducing energy consumption by a certain percentage or achieving zero waste, having specific targets will provide direction and motivation for your sustainability efforts.
Embrace Energy Efficiency
Invest in energy-efficient appliances and equipment and consider renewable energy sources such as solar or wind power. Simple actions like switching to LED lighting can also reduce energy consumption and costs.
Reduce, Reuse, Recycle
Adopt a circular economy approach by minimizing waste. Encourage recycling and composting and consider how you can reuse materials within your business operations. Reducing packaging or using recyclable materials can also contribute to waste reduction.
Sustainable Supply Chains
Evaluate your supply chain and partner with suppliers who prioritize sustainability. This can include sourcing locally to reduce transportation emissions or choosing suppliers who use sustainable materials and practices.
Engage Your Customers
Educate your customers about your sustainability initiatives and encourage them to participate. This could involve offering incentives for returning packaging or providing information on how to recycle products at the end of their life cycle.
Foster a Green Workplace Culture
Create a workplace culture that values sustainability. Encourage employees to contribute ideas for improving environmental performance and provide training on sustainable practices.
Monitor and Report Progress
Regularly monitor your progress towards your sustainability goals and report on your achievements. This transparency can build trust with customers and stakeholders and can help you stay accountable.
Seek Continuous Improvement
Sustainability is an ongoing journey. Continuously seek ways to improve your environmental performance, stay informed about new technologies and practices, and be willing to adapt and innovate.
Collaborate and Share Knowledge
Collaborate with other businesses and organizations to share knowledge and best practices. Joining local business groups or sustainability networks can provide support and inspiration.
By following these steps, small businesses can make meaningful contributions to environmental sustainability. It’s not only about reducing negative impacts but also about creating positive change and setting an example for others to follow. Sustainability can lead to cost savings, improved brand reputation, and a better future for our planet.
For more detailed guidance and examples of how small businesses can introduce sustainable business strategies, explore the resources provided by GreenBiz, the World Economic Forum, and Inside Small Business. These platforms offer valuable insights and practical tips to help small businesses on their sustainability journey. Remember, every step towards sustainability, no matter how small, counts towards a larger impact on our environment.
Examples of small business excellence
Sustainability Success Stories: Small Businesses Making a Big Impact
The journey towards sustainability is not exclusive to large corporations; small businesses around the world are also making remarkable strides in implementing sustainable practices. These case studies highlight how small businesses have embraced sustainability, showcasing the innovative approaches and positive outcomes of their efforts.
UPS ORION: Enhancing Transportation Efficiency
UPS, a global leader in logistics, has implemented an AI system called ORION to optimize delivery routes, thereby reducing fuel consumption and carbon emissions. Although UPS is a large company, its ORION system serves as an inspiration for small businesses looking to improve their transportation efficiency. Small businesses can utilize public cloud route optimizer systems available as software services to achieve similar sustainability goals.
IKEA IWAY: Partnering with Sustainable Suppliers
IKEA’s supplier code of conduct, IWAY, ensures that its suppliers adhere to strict environmental and humanitarian standards. Small businesses can emulate this approach by establishing their own supplier guidelines that prioritize sustainability, thereby influencing their supply chain to adopt greener practices.
Lyft: Commitment to Carbon Neutrality
Lyft, the ride-hailing service, has made a commitment to carbon neutrality through various initiatives, including carbon offset programs. Small businesses can take a cue from Lyft by investing in carbon offset projects or by implementing policies that reduce their overall carbon footprint.
Patagonia: Environmental Activism and Ethical Practices
Patagonia, known for its outdoor clothing, integrates environmental activism into its business model. Small businesses can follow suit by engaging in environmental advocacy and adopting ethical practices that resonate with their customers and community.
Danone: Focusing on Health and Sustainability
Danone, the food products corporation, has placed a strong emphasis on health and sustainability. Small businesses in the food industry can look to Danone’s practices, such as sourcing ingredients sustainably and promoting healthy products, as a model for their own sustainability efforts.
Gusto: Promoting Social Sustainability
Gusto, a software firm, has made significant progress in addressing gender inequality within its workforce. Small businesses can implement similar social sustainability initiatives by focusing on diversity and inclusion in their hiring and workplace policies.
Swire Properties: Sustainable Construction Practices
Swire Properties has embraced green building practices in its construction projects, such as One Taikoo Place. Small businesses in the construction industry can incorporate sustainable materials and energy-efficient designs into their projects to reduce environmental impact.
These case studies demonstrate that sustainability is achievable and beneficial for businesses of all sizes. By adopting sustainable practices, small businesses not only contribute to environmental protection but also enhance their competitiveness and reputation. The key is to identify the sustainability strategies that align with the business’s values and capabilities and to implement them with commitment and creativity.
For small businesses seeking to embark on a sustainability journey, these examples serve as a source of inspiration and a blueprint for action. By learning from the successes of others, small businesses can navigate the path to sustainability with confidence and purpose.
Multiple people involved in large scale illegal waste crime in Staffordshire are facing prison following a successful prosecution by the Environment Agency.
The sentencing, which led to the conviction of 5 of the defendants, took place on 2 April 2024, at Shrewsbury Crown Court sitting at Telford Magistrates, following an 8-week trial in September and October 2023.
The prosecution concerned a large-scale illegal dumping of waste at Bonnie Braes Farm in Staffordshire, with offences taking place between 1 March 2014 and 30 June 2015.
At least 100,000 tonnes of waste was brought onto the site during the charge period, when there was no legal right to do so. This activity included a significant amount waste from excavation, alongside other mixed refuse and some asbestos.
The volume of waste added to the site meant that the land was raised by 6 – 7 metres in height. Additional concern was created by the crucial gas distribution pipeline which passes underneath Bonnie Braes Farm, one of two that supplies Stoke-on-Trent. A fracture of the pipeline would have had devastating consequences, causing disruption to the supply of gas as well as the potential closure of the busy A500 road for a significant period.
Mr Recorder Nicholls, found that the offending caused Category 1 harm to the environment due to the eyesore that the deposits caused. In considering the large scale illegal waste crime in Staffordshire, he stated the impact that the weight had on the site, created negative effects not only to the gas pipeline but also to a culvert on the site, which was found to have collapsed, causing significant flooding to the land in heavy rain. The operation of the site also caused significant disruption on lanes that were unsuitable for large vehicles and the tracking of mud from the site across the roads.
We are glad to see the outcome of these prosecutions and will continue to work tirelessly to tackle environmental crime. Illegal waste sites like this, undermine legitimate businesses, undercut their prices, and blight the environment. We would urge everyone to check that a waste site is licenced before using them by checking the public register online at GOV.UK. If people suspect criminal activity, they should report it to our 24-hour incident hotline 0800 807060 or anonymously through CrimeStoppers on 0800 555111.
Environment Agency Spokesperson
Large Scale Illegal Waste Crime Sentences
Mr Recorder Nicholls imposed the sentences as follows:
Raymond Bowden,64 of Liverpool Road, Church Lawton, was sentenced to 30 months immediate custody. He was also disqualified from holding the position of a director for a period of 8 years and 3 months. A Proceeds of Crime Application is outstanding and will be determined at a future date.
Joe Frizell, 48 of Crewe Road, Shavington, was sentenced to 2 years immediate custody. He was also disqualified from holding the position of a director for a period of 6 years. A Proceeds of Crime Application is outstanding and will be determined at a future date.
James Bowden, 44 of Bignall Hill, Bignall End was sentenced to 15 months imprisonment that was immediately suspended for 18 months. He must undertake 240 hours of unpaid work. He was also disqualified from holding the position of a director for a period of 5 years. A Proceeds of Crime Application is outstanding and will be determined at a future date.
Victoria Webb-Johnson, 47 of Sydney Road, Crewe was sentenced to 10 weeks imprisonment suspended for 12 months. She was also ordered to pay a contribution towards the costs of the prosecution of £8000 and the victim surcharge.
Stefan Paraszko, 66 of High Street Silverdale, was sentenced to 11 months imprisonment that was immediately suspended for 18 months and the victim surcharge.
VWJ Earth Moving Limited was fined £11,000 and ordered to pay a contribution towards the costs of the prosecution of £8000 and the victim surcharge
Jumbo Waste and Metal Limited was fined £1, as the company is in liquidation, and the victim surcharge.
TW Frizell (Haulage & Plant Hire) Ltd was fined £1, as the company is in liquidation, and the victim surcharge.
Joe Frizell was also sentenced alongside RJC Regeneration Limited in respect of a matter that occurred at Elms Farm, Betley, Crewe. In that case waste was deposited without the benefit of an Environmental Permit and exceeded the allowances of any waste exemptions.
In respect of the Elms Farm case, Mr Recorder Nicholls imposed the following sentences:
Joe Frizell was sentenced to 2 months immediate custody to run concurrently with his other sentence – this means he received a total of 2 years immediate custody overall.
RJC Regeneration Limited was fined £8000 and the victim surcharge
Further information
In the matter large scale illegal waste crime in Staffordshire from Chester Crown Court, Joe Frizell, RJC Regeneration Ltd and Mark Oulton pleaded guilty on 18 July 2023 to offences relating to the depositing of illegal waste at Doddlespool Farm and Elms Farm, Crewe at Chester Crown Court on 18 July 2023.
Mark Oulton, 53 of Main Road, Betley, was sentenced by Chester Crown Court on 8 September 2023 to 9 months custody suspended for 18 months. In addition, he was sentenced to 130 hours unpaid work, a £5000 fine and ordered to pay a contribution towards the prosecution costs of £27,000. Mr Oulton was also made subject to a court order requiring him to remove waste illegally deposited and stored on Doddlespool Farm by 8 September 2024.
Large Scale Illegal Waste Crime Charges
Jumbo Waste & Metals Ltd
Jumbo Waste & Metals Ltd did between the 1st March 2014 and the 30th June 2015, contravened regulation 12(1) of the Environmental Permitting (England and Wales) Regulations 2010 operate a regulated facility on land known as Bonnie Braes Farm, Bignall End, without the authorisation of an environmental permit, contrary to Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010.
Raymond Bowden
Raymond Bowden did between the 1st March 2014 and the 30th June 2015, contravened regulation 12(1) of the Environmental Permitting (England and Wales) Regulations 2010 operate a regulated facility on land known as Bonnie Braes Farm, Bignall End, without the authorisation of an environmental permit, contrary to Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010.
James Bowden
Between the 12th January 2015 and the 30th June 2015, Jumbo Waste & Metals Ltd contravened regulation 12 of the Environmental Permitting (England and Wales) Regulations 2010 by operating a regulated facility at Bonnie Braes Farm, Bignall End outside the terms of authorisation of an environmental permit and this offence was committed with the consent or connivance or was attributable to the neglect of James Bowden, being a director of the said company, contrary to Regulation 38(1) and Regulation 41(1) of the Environmental Permitting (England and Wales) Regulations 2010.
Stefan Paraszko
Stefan Paraszko pleaded guilty to between the 1st March 2014 and the 30th June 2015, contravened regulation 12(1) of the Environmental Permitting (England and Wales) Regulations 2010 operating a regulated facility on land known as Bonnie Braes Farm, Bignall End, without the authorisation of an environmental permit, contrary to Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010.
TW Frizell (Haulage & Plant Hire) Ltd
TW Frizell (Haulage & Plant Hire) Ltd, between the 1st March 2014 and the 30th June 2015, deposited controlled waste on land at Bonnie Braes Farm, Bignall End when there was no environmental permit in force authorising the deposits, contrary to sections 33(1)(a) and 33(6) of the Environmental Protection Act 1990.
Joe Frizell
Between the 1st March 2014 and the 30th June 2015, TW Frizell (Haulage & Plant Hire) Ltd deposited controlled waste on land at Bonnie Braes Farm, Bignall End when there was no environmental permit in force authorising the deposits and this offence was committed with the consent or connivance or was attributable to the neglect of Joe Frizell, being a director of the said company, contrary to sections 33(1)(a), 33(6) and 157(1) of the Environmental Protection Act 1990.
VWJ Earthmoving Ltd
VWJ Earthmoving Ltd pleaded guilty to between the 1st March 2014 and the 30th June 2015, depositing controlled waste on land at Bonnie Braes Farm, Bignall End when there was no environmental permit in force authorising the deposits, contrary to sections 33(1)(a) and 33(6) of the Environmental Protection Act 1990.
Victoria Webb-Johnson
Victoria Webb-Johnson pleaded guilty to between the 1st March 2014 and the 30th June 2015, VWJ Earthmoving Ltd deposited controlled waste on land at Bonnie Braes Farm, Bignall End when there was no environmental permit in force authorising the deposits and this offence was committed with the consent or connivance or was attributable to the neglect of Victoria Webb-Johnson, being the director of the said company, contrary to sections 33(1)(a), 33(6) and 157(1) of the Environmental Protection Act 1990.
Chester Court Charges
Mark Oulton
Between 16 February 2018 to 22 March 2021 at Doddlespool Farm, Main Road, Betley, Crewe, CW3 9AE, Mark Oulton did operate a regulated facility, namely a waste operation for storage of waste, except under and to the extent authorised by an environmental permit, contrary to Regulations 12 and 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016.
Between 3 October 2017 to 22 March 2021 at Elms Farm, Betley Road, Betley, Crewe, Mark Oulton did operate a regulated facility, namely a waste operation for storage of waste, except under and to the extent authorised by an environmental permit, contrary to Regulations 12 and 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016.
RJC Regeneration Ltd
Between 3 October 2017 to 23 March 2018 at Elms Farm, Betley Road, Betley, Crewe, RJC Regeneration Ltd did deposit waste on land without the benefit of an environmental permit contrary to Section 33(1)(a) of the Environmental Protection Act 1990.
Joe Frizell
Between 3 October 2017 to 23 March 2018 at Elms Farm, Betley Road, Betley, Crewe, RJC Regeneration Ltd did deposit waste on land without the benefit of an environmental permit and that offence was committed with the consent, connivance or was attributable to the neglect of Joe Frizell contrary to Sections 33(1)(a) and 157 of the Environmental Protection Act 1990.
A company which handles hazardous waste has agreed a pollution enforcement undertaking with the regulator. The company made a payment of £25,000 to an environmental charity following the contamination of groundwater at its site.
Augean South Limited of Stamford Road, Kings Cliffe, Northamptonshire also paid £11,058.90 to cover the costs of the Environment Agency investigation.
The discharge in 2020 had a short-term impact on wildlife and saw some amphibian species decline but populations recovered by the following summer. Vegetation also naturally improved after the pollution.
Routine inspections in March 2020, detected high levels of chemicals in the groundwater adjacent to the treatment centre at East Northants Resource Management Facility. The site is operated by Augean South Limited.
After performing further tests, Augean notified the Environment Agency. Officers concluded Augean had negligently exceeded its environmental permits, contrary to regulations 12(1)(b) and 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016.
The Environment Agency accepted an Enforcement Undertaking submitted by Augean.
Enforcement undertakings are one of the civil sanctions available to the Environment Agency, enabling the wrongdoer to put right the situation and compensate for any environmental harm.
As part of this agreement, Augean donated £25,000 to the Rockingham Forest Trust, a local charity which promotes environmental projects in Northamptonshire.
It is believed that heavy rainfall during the winter and subsequent storms contributed to the chemical discharge.
The Environment Agency was satisfied Augean took appropriate action to resolve the situation. The company had acted in a timely manner to remove and clean the affected land, whilst continuing to monitor the groundwater and soil. There have been no similar incidents since at the waste facility.
Enforcement undertaking
An Enforcement Undertaking is a voluntary offer made by an offender to:
put right the effects of their offending
put right the impact on third parties
make sure the offence cannot happen again
Where the Environment Agency accepts the offer, it becomes a legally binding agreement between the Agency and the business or person who makes the offer. The regulator will only consider accepting an enforcement undertaking in cases where:
it is not in the public interest to prosecute
the offer itself addresses the cause and effect of the offending
the offer protects, restores or enhances the natural capital of England
The Environment Agency publishes details of all enforcement undertakings on its website.
Enforcement undertakings can be offered following pollution incidents (stock image)
The Agency is more likely to accept offers when they are offered early and proactively. Generally, the regulator will only consider accepting an enforcement undertaking offer when:
they are confident the terms of the enforcement undertaking will be complied with
they believe a breach of relevant legislation has occurred
they consider the enforcement undertaking to be the correct regulatory outcome taking into account (i) the nature of the offence and its impact, and (ii) other forms of enforcement available, to remedy the issues concerned, to the environment and the community
the offer is above what the company would normally need to do to comply
the offer is given in good faith
the offeror makes a positive commitment, at the right company level to stop the offending conduct or alleged breach and to maintain compliance
the offeror rectifies the consequences of the conduct, including interacting with any third party affected by the offence
the offer does not contain restrictions on how the Agency may publish its acceptance in cases involving pollution of the environment or harm to human health and it is demonstrated that any necessary remediation or restoration work commenced or will commence at the earliest opportunity.
There are a number of situations where the Agency will not accept an enforcement undertaking for example, incidents or breaches which are serious (category 1 and 2) unless low culpability or negligence at a low level. Where legal proceedings have commenced or where the offence was intentional then the Agency are unlikely to accept enforcement undertakings. For this reason, where a company is considering offering an enforcement undertaking it should be made at a very early stage and it must not include clauses denying liability or restrictions on publicity.
Once an offer has been accepted, it becomes a legally binding written agreement between the offeror and the Environment Agency. If the enforcement undertaking is not complied with then the Environment Agency can take enforcement action which can include prosecution for the original offence.
£1.2m fine for water company, Anglian Water following Environment Agency prosecution. Anglian Water has been hit with fines totalling £1,221,000 after it admitted to causing pollution incidents in two separate court cases this week.
The water company was ordered to pay £871,000 after a catalogue of system and maintenance failures caused several incidents of pollution across Cambridgeshire, Buckinghamshire, and Northamptonshire across a five-month spell, between May and September 2019.
The list of process failures included reporting delays, faulty screening and a general breakdown in planning and maintenance, all of which caused damaging blockages and pollution. After one particular incident, a subsequent biological survey showed dead aquatic invertebrates for 1,500 metres. The court also heard how at one site an unchecked build-up of ‘unflushables’ such as cotton buds and sanitary pads caused a blockage resulting in discharge of settled sludge into the treated sewage.
The site was originally fitted with a screen to prevent blockages in the process but was removed in 2018. The court heard that increased cleaning had not taken place and no steps taken to reduce the risk of blockages caused by the removal of the screen.
The water company was also ordered to pay £37,605.13 in costs at Loughborough Magistrates Court on 12 September 2022.
Big fines for water companies causing pollution
In a separate court case, heard at Cambridge Magistrates Court, Anglian Water was sentenced to pay £350,000 after a pumped sewer at Bourn Brook at Caldecott, Cambridgeshire, burst for the sixth time in several years. Officers visiting the site in September 2019 found ammonia and low oxygen levels in the water, posing a potential risk to wildlife at the site. Despite efforts from Anglian Water to stop the polluted water from spreading, its methods proved insufficient and a total of 4km of the watercourse was affected for at least five days.
Since 2004 the sewer, which is only 1.5km long, had burst 6 times. The court found that Anglian Water had been too slow in putting in place potential mitigation measures. They only located air valves, designed to reduce stress on the sewer, after the incident took place. These valves had been in place for at least 25 years.
Anglian Water pleaded guilty to causing poisonous, noxious, or polluting matter to enter inland freshwaters without an environmental permit, and were told to pay £28,025.66 in costs as well as a victim surcharge of £181.
“Serious pollution is a serious crime and I welcome these sentences from the courts.
“The Environment Agency will pursue any water company that fails to uphold the law or protect nature, and will continue to press for the strongest possible penalties for those which do not.”
Sir James Bevan, Chief Executive of the Environment Agency
Waste offences in Darlington have resulted in a Darlington man been given a two-year community order to incorporate 20 rehabilitation activity days and 300 hours unpaid work after magistrates in Middlesbrough sentenced him for serious waste offences. He was also disqualified from acting as a company director for three years and ordered to pay £490 costs.
John Burnside Jones (26), of Coniscliffe Road, Darlington was sentenced at Teesside Magistrates’ Court on Friday 2 September 2022 having previously pleaded guilty to involvement in illegally misdescribing waste for financial gain.
Courtesy of the Environment Agency
Environment Agency officers visited Jones’ waste operation at the Trinity Works site in Haverton Hill, Billingham in January 2019. They found the business to be processing large volumes of waste types which the site’s environmental permit did not allow. The site was also found to lack the required management systems to deal with the environmental risks. Jones was served with notices requiring details of the site’s waste but failed to respond to these in full.
Further investigations by the Environment Agency revealed that between September 2018 and February 2019, over 6,000 tonnes of unpermitted, combustible waste had been transported to the site from as far away as Bristol. Jones had then transported more than 11,000 tonnes of inert waste soils to a nearby landfill site during the same period. The discrepancy between the volumes of incoming and outgoing waste was a result of Jones mixing incoming waste with soil and stones left from previous site operations and falsely describing this resulting mixture as inert waste.
Inert waste incurs significantly lower landfill tax per tonne and may also be disposed of at a much-reduced rate at landfill facilities without the same level of safeguards and protections as would otherwise be required. By fraudulently misdescribing the waste, Jones was able to make large sums of money by flouting his environmental obligations.
In mitigation, Jones stated that although his company had operated the site, he had limited direct involvement and had been very naïve in relying upon others to run the site for him. He had never previously been in trouble and fully co-operated with the investigation. He admitted that he had never seen the site’s environmental permit and was oblivious to its requirements.
The court ruled that the offending was deliberate and committed for financial gain. At an earlier hearing the permit holder James William Mason, 64, of Camden Street, Stockton-on-Tees had pleaded guilty to allowing the illegal waste activities to be undertaken on his site and was ordered to pay a total of £2,528 in fines and costs.
The conditions of an environmental permit are designed to protect people and the environment. Failure to comply with these legal requirements is a serious offence that can damage the environment, undermine local legitimate environmental permit holders, put jobs at risk and cause misery for local communities.
We welcome sentencing by the Court, which should act as a deterrent to others considering flouting the law.
A spokesperson for the Environment Agency
In most situations waste can only be kept on land if there is an environmental permit in place. The permit will contain a number of conditions which must be observed in order to protect the environment. Failure to comply with the conditions of an environmental permit is a criminal offence which can be committed by the permit holder as well as the person conducting the activities if they are different. Any transfer of waste from one party to another must be accompanied by a controlled waste transfer note which accurately describes the waste and contains the relevant six-digit waste category code.
The OEP was established by the Environment Act 2021. It is an independent public body, with powers to advise ministers and government departments and to hold them and other public authorities to account against their environmental responsibilities and the law. The new body’s independence is protected in law.
The OEP’s work covers England and Northern Ireland, and environmental matters reserved to the UK government. This includes matters in the marine environment where these are dealt with in environmental law or government targets and EIPs.
The body will publish a corporate plan each business year, setting out the resources it has available, and how it plans to make the best use of them through its activities and programmes. Whilst the OEP is a new organisation and relatively small, it intends to act strategically and make hard choices about how it will make the most difference for the environment.
The organisation will publish an annual report to demonstrate how it has used its resources, and what it has achieved during the year. This will include an assessment of whether it has been provided with sufficient sums to carry out its functions effectively.
The New Environmental Strategy
The new environmental strategy sets out how its work will contribute to improvement in the natural environment and environmental protection, including the protection of people from the effects of human activity on the environment. This is the OEP’s first strategy, and the organisation has committed to reviewing it within the first 18 months of its adoption.
The strategy sets out how the OEP will pursue its strategic objectives, ambitions, and the approaches it will take to achieve them. It sets out four objectives:
Government is held to account for delivery of environmental goals and targets, and its plans for environmental improvement
The environment is protected and improved, and people are protected from the effects of human activity on the natural environment, through better design and implementation of environmental laws
Government and other public authorities abide by environmental law so it can protect people and protect and improve the environment as intended
We are effective and efficient, with the authority, relationships, expertise, and voice to play our full part in national environmental governance
The strategy document sets out how the OEP will work, how it will deliver each of its four main functions, prioritise its activities, and work with others. The publication also sets out the organisation’s approach towards acting objectively, impartially, proportionately, and transparently.
The strategy also includes the body’s enforcement policy and provides detailed information about the way it will exercise this function.
The full strategy is available on the OEP’s website.
If you operate a waste management facility your environmental permit requires you to have a written management system in place and in this article all you need to know about permit management systems, we explain what you need. A management system is simply a set of procedures describing what you will do to minimise the risk of pollution from the activities covered by your environmental permit.
If you have a waste permit that was granted before 6 April 2008 that does not require you to have a working plan or management system, you will still need to manage and operate your waste activity in line with a written management system. If you are applying for:
a standard rules permit, the risks are identified in the generic risk assessment
a bespoke permit, you will have identified the risks by carrying out your risk assessment
ISO 14001, BS 8555, EMAS: Which system is best for your business?
All you need to know about permit management systems
Your risk assessment will be part of your management system. You must submit a summary of your management system as part of your application if you are applying for a bespoke permit. You do not need to do this if you submit a B6.5 or B6.6 application form for a standalone water discharge or a groundwater activity, but you must have your management system in place before you start operating.
You do not have to submit a summary of your management system if you are applying for standard rules permits, but you must have your management system in place before you start operating. Your management system will normally be reviewed on the pre-operation site visit by an officer from the Environment Agency.
Where you are applying for a standard rules permit for waste activities and plan to store combustible waste, you will need to submit a fire prevention plan as part of your application. Our consultants can provide advice and support in developing a fire prevention plan and have successfully submitted many plans on behalf of clients which have been approved by the Environment Agency. If you require advice and support with your fire prevention plan, please contact one of the Ashbrooke team.
Once you are operating you must implement your management system, or you will be in breach of your permit.
What to put in your permit management system and how to organise it
The amount of information you will need in your management system will depend on how complicated and risky your activities are. If your permit is for low-risk activities, for example a small sewage treatment works, your management system can be simple. If you have a number of permits they may be covered by an overall management system. You may carry out certain things in the same way at different permitted sites and you may also have site specific procedures.
You need to be able to explain to the regulator what happens at each site and which parts of the overall management system apply to each facility. For example, at some sites you may need to show you are carrying out additional measures to prevent pollution because they are nearer to sensitive locations than others. Our consultants recently supported a client who was near to a site of special scientific interest (SSSI) which required additional measures in both the management system and the fire prevention plan.
How to develop your permit management system
You can develop and maintain your own management system or use an environmental management system scheme or standard.
If you have a larger site or carry out a more complex activity (like installations and waste operations dealing with hazardous waste), the Environment Agency prefers management systems based on a recognised standard and independently checked by an accredited body.
An environmental management system may be certified against a standard such as ISO 14001. The organisation or individual carrying out certification may be accredited by a National Accreditation Body such as the UK Accreditation Service (UKAS).
Using an accredited certified management system is not a guarantee that you will meet all of your permit conditions. You are still responsible for implementing your system effectively and making sure you comply with each permit condition. This is where our consultants can provide value to your operations in ensuring that any system is relevant to your permit operation and is efficient and effective.
However, the independent checks carried out for an accredited certified scheme or standard should result in greater confidence in your management system, and in your management of compliance. This may lead to fewer checks from the Environment Agency under the operator and performance risk assessment methodology (OPRA). Independent inspections and audits will also provide some assurance to the company board and senior managers that procedures are implemented and being followed in practice.
When applying for an environmental permit you will need to detail on the application form if you are using any of the following as the basis for your management system:
If you are applying for a permit for a standalone water discharge activity or a point source standalone groundwater activity, you only need to read the section on ‘Water discharge and groundwater activity’.
Your management system must include a plan of your site, drawn to scale. The plan must highlight where you do the activities covered by your permits (and any exemptions you have registered). The plan can become incredibly detailed as the regulator lists all the features which must be included. Often you may need to produce a number of plans in order to include all the features that are required.
Waste, installations and mining waste permits
So far in this article, all you need to know about permit management systems, we have looks at the general requirements of a system. However, there are some specific requirements for waste installations and mining permits. In these cases your plan must also show any:
buildings, and other main constructions, like treatment plants, incinerators, storage silos and security fences
storage facilities for hazardous materials like oil and fuel tanks, chemical stores, waste materials
location of items for use in accidents and emergencies, like absorbants for chemical spills
entrances and exits that can be used by emergency services
points designed to control pollution, for example inspection or monitoring points
trade effluent or sewage effluent treatment plants
effluent discharge points
land that you believe is contaminated, for example areas of your site that have previously been used for industrial purposes
Permit sites near vulnerable locations
Your plan must also show areas particularly vulnerable to pollution that are on or near to your site, for example:
rivers or streams
groundwater used for drinking water
residential, commercial or industrial premises
areas where wildlife is vulnerable or protected
Use the Environment Agency’s risk assessment guide to help you think about areas that are vulnerable to pollution. If having read this all you need to know about permit management systems article you are unsure what to include, our consultants can provide further advice and support.
Drainage
The plan must show your foul and combined drainage facilities marked in red and your surface water drainage, facilities marked in blue.
It must also show:
the direction of flow of the water in the drain
the location of discharge points to the sewer, watercourse or soakaway
the location of manhole covers and drains
the location of stop and diverter valves and interceptors
Water, gas, electricity
Your plan must show the location of mains water, gas and electricity supplies on your site, including:
the mains water stop tap
gas and electric isolating valves and switches
the routes for gas, electricity and water supplies around your site – electric wiring and gas and water pipes must be labelled on the plan
Water discharge and groundwater activity
If you are applying for a permit for a standalone water discharge activity or a point source standalone groundwater activity your site plan must show:
your wastewater treatment plant
monitoring points – the locations from which you will take samples to check for contaminants or pollutant substances as required by your permit
the location of emergency equipment
the location of any mitigation measures referred to in your management system
the outlet to surface water (standalone water discharges only)
the infiltration system (standalone groundwater activity only)
If you are applying for a permit for a standalone groundwater activity where you are land spreading, your site plan must show:
the field locations for spreading
monitoring points – the locations from which you will check your discharge for contaminants or pollutant substances as required by your permit
the location of emergency equipment
the locations of any pollutant storage areas linked to your permit
Permit site operations
As a permit holder, you must break down the operations that will be carried out on your site during start up, normal operation and shut down, into a list of activities and processes, for example unloading waste, storing waste, incinerating waste.
For waste, mining waste, and installations, you should list the wastes that will be produced by each activity or process.
Finally, list the steps you will take to prevent or minimise risks to the environment from each activity or process and type of waste. Be specific about the actions you will carry out to do this.
For water discharge and point source groundwater activities, this will normally be the operation of a wastewater treatment works or effluent treatment equipment that is part of your activity and included in the permit.
If you manage, treat or dispose of waste
If you are a waste operator you must include a waste storage plan that states:
the longest amount of time that you will store each type of waste
how you will make sure you will not exceed these time limits – you need to consider your emissions when deciding how long you can store types of waste for
the maximum amount of each type of waste you will store in terms of volume
the maximum height of each storage pile on site
how you will identify the specific types of waste you are storing
how you will separate different types of waste if required, for example how far apart you will keep waste types that cannot be mixed
how you will make sure your site only takes waste that your permit allows you to store
Fire prevention plans
If you need a permit for waste activities and you plan to store combustible waste, you will need to write a fire prevention plan and submit it with your application. This must explain how you would prevent fire at your site or manage risks from fire if one occurs. You should note that following the increase in waste facility fires in recent years, the Environment Agency has significantly strengthened its guidance on fire prevention plans and any plan submitted for approval must be robust.
The regulator also charged an assessment fee per hour where existing permit operators need to produce a fire prevention plan. If plans are not approved on the first submission, the costs can increase significantly as the regulator re-assesses each version submitted for approval.
Our consultants can provide advice and support in developing a fire prevention plan and have successfully submitted many plans on behalf of clients which have been approved by the Environment Agency. If you require advice and support with your fire prevention plan please contact one of the Ashbrooke team.
Site and equipment maintenance plan
You need a plan for how you will maintain the infrastructure of your site and any machinery.
You must maintain any machinery according to the manufacturers’ or suppliers’ recommendations (for example, following the instructions and guidelines of any manuals that came with your equipment). The maintenance plan is also referred to as a maintenance schedule.
You will need to record each time you carry out maintenance, for example, each time you check the calibration of monitoring equipment to make sure it meets the manufacturer’s recommendations. Records can be specific to the equipment, on a daily or weekly checklist or for very small operations, you could record maintenance tasks in a site diary.
Contingency plans
You need a plan for how you will minimise the impact on the environment of any:
breakdowns
enforced shutdowns
any other changes in normal operations, for example due to extreme weather
Accident prevention and management plan
You need a plan for dealing with any incidents or events that could result in a pollution or where you are not able to comply with your permit. The plan must identify potential accidents, for example:
equipment breakdowns
enforced shutdowns
fires
vandalism
flooding
any other incident which causes an unexpected change to normal operations, such as extreme weather
For each potential incident, it must also state the:
likelihood of the accident happening
consequences of the accident happening
measures you’ll take to avoid the accident happening
measures you’ll take to minimise the impact if the accident does happen
Your accident plan must also say how you will record, investigate and respond to accidents or breaches of your permit.
Your accident plan must also include:
the date it was reviewed
when it will next be reviewed
a list of emergency contacts and how to reach them
a list of substances stored at your site, and your storage facilities
forms to record accidents on
Consider taking the following actions, if you think they are relevant to the operations you carry out at your site:
make emergency services aware of your activities
take out insurance to cover the cost of clean-up following an accident
develop a system to allow access to important information away from your site
Online security: protect your business
You can take some simple steps to protect your business against online security threats. Good online security will help make sure your business does not cause pollution. Any pollution that does occur is your responsibility as the permit holder.
See the National Cyber Security Centre website for guidance about online security which is becoming an increased risk for many businesses. This will be particularly important where you have waste processing or environmental monitoring equipment controlled by computers.
Contact information for the public
If you have a waste or an installation permit, you must display a notice board at or near the site entrance telling the public about the site. It must include:
the permit holder’s name (company name at least)
an emergency contact name and telephone number
a statement that the site is permitted by the Environment Agency
the permit number
Environment Agency telephone number 03708 506506 and the incident hotline 0800 807060 (or another number we subsequently tell you about in writing)
A notice board is optional for other permits and will depend on whether you consider that the public will need to see emergency contact information at your site.
higher average temperatures – particularly in summer and winter
more heat waves and hot days
rising sea levels
changes in rainfall patterns and intensity
more storms
It is important you consider if a changing climate could affect your operations, including how this might affect your ability to comply with your permit.
Plan for negative climate impacts on how you operate now, during and after any transition to net zero. Include the associated risks to local communities and the environment. These impacts and risks may change over the lifetime of the activity.
Plan for the impacts of multiple events, such as supply chain failure and extreme weather, happening at the same time.
Plan to complete changes to ensure your operations remain resilient at stages along a climate projection of at least a 2°C global mean temperature rise by 2050. Do this by following and regularly updating your climate change risk assessment. Also, assess what further requirements may be necessary along a projected 4°C rise by 2100. You do not need to assess risks or plan actions beyond the end of the life of your activity.
To anticipate and prevent risks to local communities and to the environment, plan to test the effectiveness of your:
any complaints you receive in relation to activities covered by your permit (for example complaints from neighbours about noise, odour or dust from your site)
how you investigate those complaints
any actions taken as a result of complaints
Managing staff competence and training records
You need to have enough staff and resources to make sure the site is run effectively in order to comply with your permit. Your management system needs to explain who is responsible for what procedures and who is technically competent.
For each of your managers, staff and contractors make a list of any roles they carry out that relate to activities covered by your permit. You will also need a procedure to:
check your staff and contractors have taken the training or qualifications required for the work they do
record any training, refresher training or qualifications taken by your staff or contractors
If you have a permit for a waste, mining waste or installations permit you also need to look at legal operator and competence requirements. Our consultants can provide on site training for staff on all aspects of environmental permit compliance and ISO 14001 requirements. If you require training advice and support, please contact one of our team.
Keeping records
You must keep any records required by your permit. In some cases, the permit will tell you how long to keep a record for. Otherwise, you must consider how long you’ll need to keep different records for (and write this in your management system). You must keep records to show how your management system is being implemented in line with the requirements of your permit and this guide. You need to keep:
permits issued to the site
other legal requirements
your risk assessment
all management system plans
any plans required by the application or permit depending on your type of activity (for example odour management plan at waste sites)
all operating procedures
staff competence and training (for example qualifications, courses attended)
emissions and any other monitoring undertaken (for example water samples)
compliance checks, findings of investigation and actions taken
complaints made, findings of investigation and actions taken
audits of management system, findings (reports) and actions taken
management reviews and changes made to the management system
where applicable, certification audit reports and any actions carried out
You also need to include copies of your plans with your management system if:
your permit requires you to implement an approved plan
you have been asked to do this because there’s a problem at your site
If you manage, treat or dispose of waste
If you are a waste operator you must record the following for each delivery of waste to your site:
If you have a permit for waste, mining waste or installations you will need to have a site condition report to record the condition of land or quality of groundwater on your site.
Keep this up to date through the life of your permit and include the following information:
details of any historic spills or contamination (incidents that took place before you began operating) and what was done in response to those incidents
evidence of the effectiveness of any measures you have taken to protect land or groundwater since you started operating
If you want to cancel (surrender) your permit, you will need to show you have taken the necessary measures to avoid any pollution risk from your activities.
You also need to show that you have returned the site to a satisfactory state. This means that the condition of land and groundwater has not deteriorated as a result of your activities. Our consultants can provide advice and support drafting site condition plans for permit applications as well as updating condition plans for site permit surrenders. If you require site condition plan advice and support, please contact one of our team.
Individual subject management plans
Sites for waste, mining waste or installations may have to include the following plans:
an odour management plan
an emissions management plan
a noise and vibration management plan
a pests management plan
It is also worth noting that the Environment Agency when assessing the above plans, may use different officers to assess each individual plan. Therefore, the Agency will require odour, emissions, noise and pest plans to be separate standalone documents. Unfortunately, this does result in duplication and additional work.
Agency permit application assessment officers could be based anywhere in England and will often not be familiar with the local area around your site, so it is important to include all relevant details.
Jacksons can provide advice and support in drafting these types of management plans for permit applications and permit modifications. If you require advice and support, please contact one of our team.
Review your permit management system
You must have a procedure for checking you are complying with your permit, procedures and management system. Record what checks are carried out, who did them and what action was taken.
You must review and update your management system:
when you make changes to your site, operations or equipment that affect the activities covered by your permit, for example if you install a new boiler
whenever you apply to change (‘vary’) your permit
after any accident, complaint or breach of your permit
if you encounter a new environmental problem or issue, and have implemented new control measures to control it
If you have ISO 14001, then it is a requirement to carry out a management review at set periods, often annually, in order to review your environmental objectives, the results of internal and external audits, etc.
You must keep a record of changes to your management system, particularly major changes such as:
a change to the maximum amount of waste stored on your site
a new noise screen
new waste treatment equipment, for example a Trommel
implementation of new control measures
The Environment Agency may also review your management system and make recommendations for improvements after any accident, permit breach or other incident. It may also ask you to improve your management system if it thinks you have not identified or minimised risks from pollution. Our consultants have considerable experience in liaising with the Environment Agency on behalf of clients regarding environmental permit issues.
Site closure
It is no longer possible to simply hand your environmental permit back when you stop operating. You must submit an application to surrender your permit to the Environment Agency. You will have a period of site closure from when you stop operating until you are able to cancel (surrender) your permit if you have a permit for a:
landfill
category A mining waste facility
During this time, you will need to continue to monitor emissions from your site.
You will need to submit the site closure parts of the site condition report when you stop operating.
Make sure people understand what you do
Your staff must have access to and understand any sections of the management system that deal with activities they carry out. It is up to you how you do this, for example whether you print the system out, or provide electronic copies.
You must be able to show the Environment Agency your management system if asked. If you have an overarching management system for a number of sites, you can provide both:
an overview or summary of the whole system
copies of the sections that relate to the activity type or aspect of the management system that the Environment Agency has asked about
Consider whether you need to provide information to interested parties such as neighbours and your local community to explain how you manage your activities to comply with your permit.
Conclusion
If you operate a waste management facility your environmental permit requires you to have a written management system in place and in this article all you need to know about permit management systems, we explain what you need. A management system is simply a set of procedures describing what you will do to minimise the risk of pollution from the activities covered by your environmental permit.
If you are applying for an environmental permit, you will need to detail on the application form if you are using any of the recognised standards as the basis for your management system. If you have a larger site or carry out a more complex activity (like installations and waste operations dealing with hazardous waste), the Environment Agency prefers management systems based on a recognised standard and independently checked by an accredited body.
The management system must include all the elements detailed in the Environment Agency’s guidance as well as separate plans and drawings to support the permit application. If you require advice and support with your permit application or modification, please contact one of the Ashbrooke team.
Manage Cookie Consent
To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behaviour or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
Functional
Always active
The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
The technical storage or access that is used exclusively for statistical purposes.The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
