Environmental Legislation and Regulations

Requirements;

REG01 Control of Pollution (Amendment)Act 1989

The disposal company must be registered for transport of controlled waste. The client must ensure that all waste removed is taken by a company with an upper tier waste carriers licence.

REG02 Control of Substances Hazardous to Health Regulations 2002 (coshh). (SI 2002/2677) as amended

These require written risk assessments to be carried for all materials/chemicals that are hazardous to health. This assessment must take into account the properties of and health risks in using the product. The form of the chemical and level of exposure to be expected for both the people using them and the risk to the environment need to be assessed.

Control of exposure should be provided by either;

1. elimination of the chemical/material or
2. Controlling exposure by use of fume or dust extraction or
3. Providing protection against exposure (PPE)

There must be a full risk assessment for all projects involving use of chemicals.

In terms of environmental management The Company must ensure that safety data sheets are available for any chemicals/materials so that they can readily be referred to in case of a spillage.

REG 03 Pollution Prevention and Control Act (1999 c.24) and Commencement Orders

Establishes the duty of care regarding waste management including; the prevention of escape of waste and making sure the waste is only transferred to an authorised person.

REG 04 The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (SI 2007/871) as amended

All companies that handle more than 50 tonnes of waste a year and have a turnover in excess of £2million are required to register with the Environment Agency.

There is a legal responsibility on Companies to comply with the Recycling Targets in respect of Packaging aiming for a reduction in packaging waste.

REG 05 The Hazardous Waste (England and Wales) Regulations 2005 (SI 2005/894) as amended

The consignor is required to maintain records of consignment notes for a minimum of 3 years. Only approved and registered waste carriers and disposal companies can be used for disposal. Consignment notes must state the site that that the waste is to be transferred to.

REG 06 Environmental Permitting (England & Wales) Regulations 2016 (SI2016/1154)

No discharge of Trade Effluent, other poisonous or polluting material or solid waste can be undertaken into controlled water unless a permit has been obtained from the Environment Agency.

REG 07 The Waste Electrical and Electronic Equipment Regulations 2013 (SI 2013/3113) as amended

This covers the recycling, reuse and disposal of all waste electrical and electronic equipment.

Retailers of WEEE must provide a way for customers to dispose of their old electronic equipment when selling a new version of the same item. Retailers must provide customers with free written information on:

Which take back service is provided

How they can reuse and recycle EEE

Why this waste needs to be separated from other waste

The damaging effects of not recycling

And the meaning of the crossed-out wheelie bin symbol

Businesses using EEE must:

Only transfer WEEE to a registered waste carrier or other approved person

Have a waste transfer note and/or consignment note covering WEEE movements

Ensure that WEEE is only taken to a suitable facility for recycling or disposal, i.e., the site holds an authorised treatment Facility Permit or exemption

Obtain and keep proof of the above

And obtain and keep producer registration numbers for new EEE purchased.

REG 08 Energy Performance of Buildings (England and Wales) Regulations 2012 (SI2012/3118)

Any air conditioning system used for comfort cooling and with an output rating of more than 12kW must have an energy efficiency inspection every 5 years, conducted by a registered body.

REG 09 F-gas regulations 2016 (EU Regulation) (SI 658/2016)

These cover the discharge of ODS into the atmosphere such as those used in refrigerators and Aircon equipment. Owners/operators of refrigeration, air conditioning, heat pumps or firefighting equipment containing ozone depleting substances or F-Gas must:

Prevent, minimise and repair leaks

Recover gases during servicing, maintenance and at end of equipment’s life

Use appropriately qualified personnel, from a company who holds a company certificate from an approved body, to carry out installation, servicing and checking for leaks.

Records of the following must be kept on site:

Identity of each piece of equipment

Quantity of F-Gas in each item, amount of CO₂e – if over 5 tonnes for any one unit, an annual leak test must be conducted

Quantity of F-Gas added & recovered

Name of the company or technician that carried out the servicing or maintenance

Dates and results of leak and leak detection system checks

REG 10 Waste Regulations 2011 (England and Wales). (SI 2011/988) as amended

The waste hierarchy must be applied where feasible:

1; prevention

2; preparing for reuse on site

3; recycling

4; recovery, e.g. energy recovery

5; disposal

Waste Transfer Notes are no longer required provided that there is alternative documentation covering all the same information, required information includes SIC code, EWC code (from list on document WM3), signatures of both parties, name and address of both parties, description of waste and type of container. This documentation must be kept for 2 years.

REG 11; Fire Safety Regulatory reform order 2005 (2018/454)

A responsible person must be appointed to carry out fire risk assessments, produce a policy, develop procedures, provide staff training and carry out fire drills. They also need to ensure clear means of escape, provide signs, notices and emergency lighting, fire detection, alarms and fire extinguishers.

Employees must be consulted on fire safety matters & information provided for them by the responsible person