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Excellent Work Everybody! Very useful information concerning the Environmental Protection Act 1990

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Excellent Work Everybody! Very useful information concerning the Environmental Protection Act 1990

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Please use these posts to help you revise and refresh your memories when you get closer to the exams!

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Part IIA - Contaminated land[edit]Contaminated land is "any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that" (s.78A):"Significant harm is being caused or there is a significant possibility of such harm being caused; orSignificant pollution of the water environment is being caused or there is a significant possibility of such pollution being caused."  Contaminated landThe Act does not apply to contamination from radioactivity (s.78YC) but similar provisions have been made under subsequent regulations.[16][17]Local authorities have a duty periodically to survey their locality and, using guidance defined by the Secretary of State,[18] to designate contaminated land as a special site, advising the EA or SEPA (ss.78B-78C). The authority, EA or SEPA must then serve a remediation notice on the appropriate person (s.78E).The appropriate person responsible for remedial work is "any person, or any of the persons, who caused or knowingly permitted the substances" giving rise to the designation "to be in, on or under that land" (s.78F(2)). If no such person can be identified after reasonable enquiries, the present owner or occupier is the appropriate person (s.78F(4)-(5)). Any persons controlling other land to which access is required for remediation must grant such access and may apply to the appropriate person for compensation (s.78G). The appropriate person is deemed to be responsible for remediation of other land into which substances have escaped (s.78K).The appropriate person may appeal a notice within 21 days to (s.78L):The Magistrates' Court, or Sheriff Court in Scotland, where the notice was served by the local authority; orThe Secretary of State, where the notice was served by the EA or SEPA.There is a further right of appeal from the Magistrates' Court to the High Court.[19] but ultimately it is a crime not to comply with a notice (s.78M). The local authority, EA or SEPA can perform the remedial work themselves if the appropriate person cannot be found, defaults or requests that they do so (s.78N). The authority have discretion as to whether to make the appropriate person responsible for the costs (s.78P).Local authorities, the EA and SEPA must maintain a register of notices that is publicly available, save for reasons of confidentiality and national security (ss.78R-T).

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Part IIA - Contaminated land[edit]Contaminated land is "any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that" (s.78A):"Significant harm is being caused or there is a significant possibility of such harm being caused; orSignificant pollution of the water environment is being caused or there is a significant possibility of such pollution being caused."  Contaminated landThe Act does not apply to contamination from radioactivity (s.78YC) but similar provisions have been made under subsequent regulations.[16][17]Local authorities have a duty periodically to survey their locality and, using guidance defined by the Secretary of State,[18] to designate contaminated land as a special site, advising the EA or SEPA (ss.78B-78C). The authority, EA or SEPA must then serve a remediation notice on the appropriate person (s.78E).The appropriate person responsible for remedial work is "any person, or any of the persons, who caused or knowingly permitted the substances" giving rise to the designation "to be in, on or under that land" (s.78F(2)). If no such person can be identified after reasonable enquiries, the present owner or occupier is the appropriate person (s.78F(4)-(5)). Any persons controlling other land to which access is required for remediation must grant such access and may apply to the appropriate person for compensation (s.78G). The appropriate person is deemed to be responsible for remediation of other land into which substances have escaped (s.78K).The appropriate person may appeal a notice within 21 days to (s.78L):The Magistrates' Court, or Sheriff Court in Scotland, where the notice was served by the local authority; orThe Secretary of State, where the notice was served by the EA or SEPA.There is a further right of appeal from the Magistrates' Court to the High Court.[19] but ultimately it is a crime not to comply with a notice (s.78M). The local authority, EA or SEPA can perform the remedial work themselves if the appropriate person cannot be found, defaults or requests that they do so (s.78N). The authority have discretion as to whether to make the appropriate person responsible for the costs (s.78P).Local authorities, the EA and SEPA must maintain a register of notices that is publicly available, save for reasons of confidentiality and national security (ss.78R-T).

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Unauthorised or harmful deposit, treatment or disposal of controlled waste[edit]No person may "treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health" (s.33(1)(c)).Except in the case of domestic household waste treated or kept or disposed of on the premises, no person may:Deposit controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless a waste management licence authorising the deposit is in force and the deposit is in accordance with the licence (s.33(1)(a); orTreat, keep or dispose of controlled waste, or knowingly cause or knowingly permit controlled waste to be treated, kept or disposed of: In or on any land; orBy means of any mobile plant;— except under and in accordance with a waste management licence.

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Unauthorised or harmful deposit, treatment or disposal of controlled waste[edit]No person may "treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health" (s.33(1)(c)).Except in the case of domestic household waste treated or kept or disposed of on the premises, no person may:Deposit controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless a waste management licence authorising the deposit is in force and the deposit is in accordance with the licence (s.33(1)(a); orTreat, keep or dispose of controlled waste, or knowingly cause or knowingly permit controlled waste to be treated, kept or disposed of: In or on any land; orBy means of any mobile plant;— except under and in accordance with a waste management licence.

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Unauthorised or harmful deposit, treatment or disposal of controlled waste[edit]No person may "treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health" (s.33(1)(c)).Except in the case of domestic household waste treated or kept or disposed of on the premises, no person may:Deposit controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless a waste management licence authorising the deposit is in force and the deposit is in accordance with the licence (s.33(1)(a); orTreat, keep or dispose of controlled waste, or knowingly cause or knowingly permit controlled waste to be treated, kept or disposed of: In or on any land; orBy means of any mobile plant;— except under and in accordance with a waste management licence.

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Unauthorised or harmful deposit, treatment or disposal of controlled waste[edit]No person may "treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health" (s.33(1)(c)).Except in the case of domestic household waste treated or kept or disposed of on the premises, no person may:Deposit controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless a waste management licence authorising the deposit is in force and the deposit is in accordance with the licence (s.33(1)(a); orTreat, keep or dispose of controlled waste, or knowingly cause or knowingly permit controlled waste to be treated, kept or disposed of: In or on any land; orBy means of any mobile plant;— except under and in accordance with a waste management licence.

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Environmental Protection Act 19901990 CHAPTER 43An Act to make provision for the improved control of pollution arising from certain industrial and other processes; to re-enact the provisions of the Control of Pollution Act 1974 relating to waste on land with modifications as respects the functions of the regulatory and other authorities concerned in the collection and disposal of waste and to make further provision in relation to such waste; to restate the law defining statutory nuisances and improve the summary procedures for dealing with them, to provide for the termination of the existing controls over offensive trades or businesses and to provide for the extension of the Clean Air Acts to prescribed gases; to amend the law relating to litter and make further provision imposing or conferring powers to impose duties to keep public places clear of litter and clean; to make provision conferring powers in relation to trolleys abandoned on land in the open air; to amend the Radioactive Substances Act 1960; to make provision for the control of genetically modified organisms; to make provision for the abolition of the Nature Conservancy Council and for the creation of councils to replace it and discharge the functions of that Council and, as respects Wales, of the Countryside Commission; to make further provision for the control of the importation, exportation, use, supply or storage of prescribed substances and articles and the importation or exportation of prescribed descriptions of waste; to confer powers to obtain information about potentially hazardous substances; to amend the law relating to the control of hazardous substances on, over or under land; to amend section 107(6) of the Water Act 1989 and sections 31(7)(a), 31A(2)(c)(i) and 32(7)(a) of the Control of Pollution Act 1974; to amend the provisions of the Food and Environment Protection Act 1985 as regards the dumping of waste at sea; to make further provision as respects the prevention of oil pollution from ships; to make provision for and in connection with the identification and control of dogs; to confer powers to control the burning of crop residues; to make provision in relation to financial or other assistance for purposes connected with the environment; to make provision as respects superannuation of employees of the Groundwork Foundation and for remunerating the chairman of the Inland Waterways Amenity Advisory Council; and for purposes connected with those purposes.[1st November 1990]

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Environmental Protection Act 19901990 CHAPTER 43An Act to make provision for the improved control of pollution arising from certain industrial and other processes; to re-enact the provisions of the Control of Pollution Act 1974 relating to waste on land with modifications as respects the functions of the regulatory and other authorities concerned in the collection and disposal of waste and to make further provision in relation to such waste; to restate the law defining statutory nuisances and improve the summary procedures for dealing with them, to provide for the termination of the existing controls over offensive trades or businesses and to provide for the extension of the Clean Air Acts to prescribed gases; to amend the law relating to litter and make further provision imposing or conferring powers to impose duties to keep public places clear of litter and clean; to make provision conferring powers in relation to trolleys abandoned on land in the open air; to amend the Radioactive Substances Act 1960; to make provision for the control of genetically modified organisms; to make provision for the abolition of the Nature Conservancy Council and for the creation of councils to replace it and discharge the functions of that Council and, as respects Wales, of the Countryside Commission; to make further provision for the control of the importation, exportation, use, supply or storage of prescribed substances and articles and the importation or exportation of prescribed descriptions of waste; to confer powers to obtain information about potentially hazardous substances; to amend the law relating to the control of hazardous substances on, over or under land; to amend section 107(6) of the Water Act 1989 and sections 31(7)(a), 31A(2)(c)(i) and 32(7)(a) of the Control of Pollution Act 1974; to amend the provisions of the Food and Environment Protection Act 1985 as regards the dumping of waste at sea; to make further provision as respects the prevention of oil pollution from ships; to make provision for and in connection with the identification and control of dogs; to confer powers to control the burning of crop residues; to make provision in relation to financial or other assistance for purposes connected with the environment; to make provision as respects superannuation of employees of the Groundwork Foundation and for remunerating the chairman of the Inland Waterways Amenity Advisory Council; and for purposes connected with those purposes.[1st November 1990]

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There are several different penalties available however fixed penalty notices are most commonly used. you can get a fixed penalty notice for:
- littering (max £80)
- fly tipping (max £400)
- Dog control (max £80)
- Graffiti (max £80)
- Fly posting (max £80)
- nuisance parking (max £100)
- abandoned vehicles (max £200)
- failing to provide a waste carrier license (max £300)
-  failing to provide a waste transfer note (max £300)

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Part III defines a class of statutory nuisances over which the local authority can demand remedial action supported by criminal penalties

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Part III defines a class of statutory nuisances over which the local authority can demand remedial action supported by criminal penalties

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Environmental damage liabilitiesThis Practice Note outlines potential liabilities under the environmental damage regime (EDR). It is currently under review to include changes made by the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810, which revoke, replace and consolidate the Environmental Damage (Prevention and Remediation) Regulations 2009, SI 2009/153, and its amending instruments. It is part of a series of notes on environmental damage. It covers the scope of environmental damage liabilities, including who is liable, what harm is covered, when liability is triggered, exemptions, type of liability, who is the relevant enforcement authority, standard of remediation and whether there is a cap on liability.

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Environmental damage liabilitiesThis Practice Note outlines potential liabilities under the environmental damage regime (EDR). It is currently under review to include changes made by the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810, which revoke, replace and consolidate the Environmental Damage (Prevention and Remediation) Regulations 2009, SI 2009/153, and its amending instruments. It is part of a series of notes on environmental damage. It covers the scope of environmental damage liabilities, including who is liable, what harm is covered, when liability is triggered, exemptions, type of liability, who is the relevant enforcement authority, standard of remediation and whether there is a cap on liability.

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Part II sets out a regime for regulating and licensing the acceptable disposal of controlled waste on land

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Part I establishes a general regime by which the Secretary of State can prescribe any process or substance and set limits on it in respect of emissions into the environment.

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Part I establishes a general regime by which the Secretary of State can prescribe any process or substance and set limits on it in respect of emissions into the environment.

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national and local government responsibilities

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national and local government responsibilities

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https://en.wikipedia.org/wiki/Environmental_Protection_Act_1990#National_and_local_government_responsibilities

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Summary of the Act

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Warnings;
A warning is a written notification that we believe an offence has been committed. The notification can be either: 
 a warning letter; or 
 a site warning that is normally issued on-site or otherwise as a result of a compliance visit to a permitted site or activity. 

It will be recorded and may, in the event of further non-compliance, influence subsequent choice of sanction. 
Warnings can be used to achieve any of the four types of environmental outcome that we might seek. 

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Warnings;
A warning is a written notification that we believe an offence has been committed. The notification can be either: 
 a warning letter; or 
 a site warning that is normally issued on-site or otherwise as a result of a compliance visit to a permitted site or activity. 

It will be recorded and may, in the event of further non-compliance, influence subsequent choice of sanction. 
Warnings can be used to achieve any of the four types of environmental outcome that we might seek. 

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pollution types

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Main Document from .gov.uk.

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Fines cannot exceed £20,000

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Authorities - No person shall carry on a prescribed process after the date prescribed or determined for that description of process by or under regulations under section 2(1) above (but subject to any transitional provision made by the regulations) except under an authorisation granted by the enforcing authority and in accordance with the conditions to which it is subject.

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Authorities - No person shall carry on a prescribed process after the date prescribed or determined for that description of process by or under regulations under section 2(1) above (but subject to any transitional provision made by the regulations) except under an authorisation granted by the enforcing authority and in accordance with the conditions to which it is subject.

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http://www.legislation.gov.uk/ukpga/1990/43/section/6

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Act of parliament - the fundamental structure and authority for waste management and control of emissions into the environment.

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Act of parliament - the fundamental structure and authority for waste management and control of emissions into the environment.

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The main three types of pollution are air, land and water. this act does not apply to radiation.

Land - asbestos, plastic, batteries, general waste. On most construction sites and various companies there are specific bins to make sure that waste is disposed of in the correct manner and safely. Specialist teams and available to make sure that asbestos is removed properly to limit the amount that is wrongly disposed of broken up into the air.

Air - dust, smoke from burning waste rather than disposing of it properly. to reduce the amount that is put into the air disposing of materials in the correct manner instead of burning then and simply applying water to a wall before drilling will lower the amount of dust/smoke created.

water - oil  from boats, ships depositing their waste into the ocean, hazardous chemicals. To stop a couple of these issues ships are now equip with grey water systems, to reduce the amount they put into the ocean. so any water that is put down the drain if it can be filtered it is then reused for washing machines, showers and bath etc.

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Authorities
Enforcement
Sanctions
Pollution - types
Parts

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EPA sanctioning orders allow the court to get offenders to carry out a specified project to restore or enhance the environment, rather than a fine.

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EPA sanctioning orders allow the court to get offenders to carry out a specified project to restore or enhance the environment, rather than a fine.

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definition of pollution;the presence in or introduction into the environment of a substance which has harmful or poisonous effects

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definition of pollution;the presence in or introduction into the environment of a substance which has harmful or poisonous effects

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There are multiple types of Enforcement Options available:

- firstly where there are anonymous tips there wont be any action taked due to lack of evidence
- Informal action (i.e. verbal or written advice)
- Warning letters/ Visits ( this is where there is substantial evidence to allow action to be taken)
- Service of ababtement notices, this is where the suspect has been identified and all other methods have failed.

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Advice and guidance - compliance assistance.

Warnings

Non-RES notices, powers and orders.

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Definition for pollution to the enviroment

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Definition for pollution to the enviroment

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The presence in or introduction into the environment of a substance which has harmful or poisonous effects.

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Add bullet points, facts, figures concerning the EPA 1990

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Add bullet points, facts, figures concerning the EPA 1990