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EnvDip Q&A
Examiners Reports Dec 2005 June 2006 Dec 2006 June 2007 Dec 2007
June 2008 Dec 2008 June 2009 Dec 2009 June 2010 Dec 2010 June 2011
Elements 1 Principles of environmental risk management 2
Environmental risk evaluation 3 Control strategies for
environmental risks 4 Monitoring, review and audit 5 Developments
in environmental legislation 6 Environmental legislative framework
and methods of enforcement 7 Public access to environmental
information 8 Civil liability in relation to environmental
pollution 9 Solid and liquid wastes 10 Gaseous and particulate
releases to atmosphere 11 Water resources management 12 Control of
environmental nuisance 13 Hazardous substances
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14 Environmental implications of development and land use 15
Energy use and efficiency
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1 Principles of environmental risk management
Learning Outcome
Date / No
Question Answer Ref
1.1 Explain the earths natural cycles and how the principles of
sustainability are being adopted
Dec 2010 Q6
Outline EACH of the following natural cycles AND describe how
human activity may cause changes to these cycles. (a) The carbon
cycle. (10) (b) The nitrogen cycle. (10)
(a) Carbon Cycle:
Carbon Dioxide in the atmosphere
Uptake by plants and effect of photosynthesis and passing
through the food chain with respiration back into the
atmosphere
Atmospheric gas dissolving in rain water to form carbonic
acid
Death/decay resulting in release of carbon dioxide back to the
atmosphere
Tying up carbon in sinks, such as the formation of fossil fuels
and carbonate rocks
Human activity:
Excavation and use of fossil fuels releasing carbon dioxide to
atmosphere
Use of carbonate rocks for cement leading to release of carbon
dioxide to atmosphere
De-vegetation leading to reduced uptake of carbon dioxide
(b) Nitrogen Cycle:
Nitrogen gas in atmosphere
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Dissolving in rainfall to form nitrous/nitric acid
Deposition onto land
Oxidation by lightening to nitrogen oxide / nitrogen dioxide
Fixation by nitrifying bacteria in legumes nodules
Uptake by plants
Decay of plants and excretion by animals to soil/water
Release of nitrogen gas by denitrifying bacteria
Human activity:
Making and using nitrogen based fertilisers and runoff into
water
High temperature processes causing oxidation of nitrogen gas to
nitrogen oxide / nitrogen dioxide
Discharge of sewage effluent containing nitrogen compounds into
rivers.
1.2 Explain the reasons for managing environmental risk
June 2010 Q5
Explain the reasons why environmental risk should be managed.
(20)
Moral reasons
General duty of care
Societys attitude to environmental issues Need for sustainable
development
Ethical issues
Legal reasons
Effect of preventative measures (enforcement
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notices, permits etc)
Punitive measures through criminal sanctions
Compensatory effects of environmental law
Economic reasons
Direct costs associated with environmental pollution
Indirect costs associated with environmental pollution
Environmental taxation
Supply chain pressures
Ethical investment
Importance of relations with regulatory bodies
Importance of relations with local communities.
Additional information need for marks expand headings with
suitable examples.
1.3 Explain the principles of environmental hazard
identification, risk assessment, and risk control.
Dec 2005 Q4 & Dec 2009 Q7
Identify and describe the different pathways through which
contaminated land may affect human and other environmental
receptors. (20) OR Describe the different pathways through which
contaminated land may affect human and
Leaching and washing into surface waters giving rise to
pollution in rivers, streams and other surface water bodies and
possible subsequent abstraction for drinking water
Vertical migration into groundwater and subsequent recharge into
surface waters or exposure following abstraction
Migration of flammable, toxic and asphyxiant gases through soils
and natural fissures leading to inhalation or explosion risk.
Migration through soils and into drinking water supply systems
through plastic pipes and mastics
Direct uptake of contaminants by crops and
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other environmental receptors. (20)
subsequent ingestion by animals and people
Direct contact with contaminated soils and possible ingestion,
particularly by children and site workers
Dust blow from the surface containing hazardous substances
leading to inhalation or deposit on food or land
Migration through and into building materials leading to their
degradation.
Escape of gases and vapours from the land leading to odour
nuisance.
Land stability effects leading to subsidence and landslip
Exposure to radiation
Combustion of flammable materials in the ground leading to a
range of potentially serious environmental and safety risks.
1.3 Explain the principles of environmental hazard
identification, risk assessment, and risk control.
Dec 2007 Q5 & Dec 2010 Q1
A manufacturing company intends to include environmental
awareness issues in the company's induction training programme. (a)
Outline the environmental content that should be included in the
induction training programme. (12) (b) Explain ways in
(a)
Company policies and commitments
Important environmental issues affecting the organisation
Specific aspects and impacts arising from relevant
activities
Specific legal requirements
Benefits arising from high standards of environmental
management
Relevant company procedures
Possible disciplinary sanctions for failing to follow
procedures
Organisational reporting and responsibilities
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which all employees might be encouraged to adhere to the
company's environmental procedures. (8) OR A manufacturing company
intends to include environmental awareness issues in the companys
induction training programme. (a) Outline the environmental content
that should be included in the induction training programme. (12)
(b) Describe ways in which all employees might be encouraged to
adhere to the companys environmental procedures. (8)
Reference to any key accreditations, such as ISO 14001
(b)
Demonstrating top-level commitment and leading by example
Making sure procedures were well presented/structured and
communicated
Establishing and promoting a culture where environmental issues
are given due priority
Promulgating involvement through activities, events etc.
Where needed, enforcing adherence through disciplinary
sanction.
Additional information need for marks additional headings
needed
1.3 Explain the principles of environmental hazard
identification, risk
June 2010 Q1
An organisation is in the process of inviting tenders for a
contract for
Need to have an environmental management system
Need to have an environmental policy, preferably certified to
ISO14001 or similar standards
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assessment, and risk control.
the servicing and maintenance of air conditioning and
refrigeration systems for its offices and manufacturing facility.
Amongst other requirements, the contract will include the removal
of waste refrigerant gases and oils. Describe the environmental
issues the organisation should consider when selecting a
contractor. (20)
Evidence of previous trade experience via references
Details of any previous enforcement action or environmental
incidents
Evidence of waste carrier registration or permits
Arrangements for reducing environmental impacts arising from
transport and servicing equipment
Contractors awareness of legislative requirements, particularly
those concerning hazardous waste
Training and competence of staff for dealing with air
conditioning and refrigeration systems, under the
o Ozone Depleting Substances (recognized by the Montreal
Protocol)
o F Gas Regulations (covered by the Kyoto Protocol)
Contractors awareness for requirements applying to issuing test
certificates.
Additional information need for marks additional headings
needed
1.3 Explain the principles of environmental hazard
identification, risk assessment, and risk control.
June 2009 Q1 & June 2011 Q2
(a) Outline the types of environmental impact that are likely to
arise from a major fire at a chemical products storage warehouse
and distribution facility. (8) (b) Describe typical emergency
response
Question link Buncefield (a)
Release of
Harmful substances to the atmosphere and their potential human
health effects
Eco toxic substances to the atmosphere and their potential
impact upon plant and animal communities
Global warming gases
Ozone depleting substances
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arrangements that should be in place to minimise environmental
harm arising from the incident described in (a) above. (12) OR (a)
Outline the types of environmental impact that are likely to arise
from a major fire at a warehouse and distribution facility
containing hazardous substances. (8) (b) Describe typical emergency
response arrangements that should be in place to minimise
environmental harm arising from a fire at the warehouse facility.
(12)
Acid gases
Substances which can create nuisance effects, including smoke
and odour
Fallout of polluting substances onto land, water, crops or
buildings
Impact upon water resources through escape of polluting
substances to surface water or groundwater
Potential to generate large amounts of contaminated waste that
would require disposal after the fire
Potential for polluting substances to enter foul sewers and
their impact on sewage treatment systems
Distinction between escaped substances and the overall cocktail
of substances that are associated with fire fighting water
runoff
Potential impact upon adjoining properties through damage caused
by explosion or radiant heat
(b)
Fire and firewater runoff risk assessment
Development and maintenance of emergency response plans
Arrangements for fire detection, response and fire fighting
Command and control arrangements
Provision of emergency response equipment, including fire
fighting, drain covers, booms, absorbents and allowance for
firewater containment
Off-site emergency plans
Arrangements for notifying relevant organisations
Arrangements for practising emergency plans
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through desktop rehearsals or simulated incidents The need for
regular training of staff and contractors
in emergency response procedures
Control of Major Accident Hazards 1999.
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2 Environmental risk evaluation
2.1 Evaluate risks to the
environment arising
from workplace activities
and substances
released to the
environment
Dec 2007 Q1
Your organisation is revising its purchasing procedures in order
that they should better reflect health, safety and environmental
considerations. In the form of a memorandum to the Purchasing
Manager, outline the environmental issues that should be addressed
when purchasing new equipment and materials. (20)
Memorandum To Purchasing Manager From Environmental Manager Date
____ The following environmental issues that should be addressed
when purchasing new equipment and materials would include:
Consideration of the need to undertake life cycle assessments of
products where appropriate and vet the supply chain
Understanding the environment effects of product
manufacturing,
o Use of non- renewable resources o Secondary materials o
Sustainability
Transport impacts, such as emissions and noise
Assessing the effects of any waste likely to be produced during
the use of products or at the end of their life, their
recyclability and any likely regulatory requirements
Energy used during use of the products/equipment
Atmospheric emissions arising from use of the
products/equipment
Packaging required and its disposal
Restricting or avoiding products or equipment
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containing hazardous substances mercury, cadmium, persistent
chlorinated hydrocarbons, pesticides etc.
Licensing or authorisation requirements for use or storage of
substances
Hazardous properties associated with the substances and its
degradation products, including such properties as flammability,
toxicity, carcinogenicity etc.
Effluents produced during use and their effects
Potential to cause nuisance through noise or smell.
By addressing the above it will be possible to revise the
current pruchaisng procedures of our organisation to better reflect
health, safety and environmental considerations.
2.1 Evaluate risks to the environment arising from workplace
activities and substances released to the environment
Dec 2008 Q3 & Dec 2009 Q1
(a) Identify how manufacturing activities may contribute to
causing the phenomenon known as the Greenhouse Effect. (14) (b)
Explain how the technique of life cycle analysis may be used
(a) Direct effects
Release of greenhouse gases (GGs) to the atmosphere; including
carbon dioxide, nitrous oxide, methane, water vapour, F gases
etc.
Emission of GGs from on-site energy generation from fossil
fuels
Emission of GGs from transportation systems, including both
haulage and employee work related transport
Process emissions of GGs
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to understand the extent to which a manufactured product
contributes to the Greenhouse Effect. (6) OR (a) Identify how
manufacturing activities may contribute to causing the phenomenon
known as the Greenhouse Effect. (14) (b) Explain how the technique
of life cycle analysis may be used to understand the extent to
which a manufactured product contributes to the Greenhouse Effect.
(6)
Services emissions of GGs including leakages from
refrigeration/cooling systems
Changes to GG sinks
Indirect effects
Use of electrical energy generated from fossil fuels at powers
stations Methane emissions from degradation of biodegradable
wastes
Emissions caused by others in making products used in
manufacturing
Emissions from cement manufacture for buildings etc.
Removal of environmental sinks; forests, peat and soil
(b)
Life Cycle Analysis (LCA) is a powerful technique that traces
burdens of emissions arising from a product from cradle to
grave
The preparation of an inventory analysis includes quantifying
releases of GGs at each stage in this life cycle
By interpreting the inventory, the magnitude of total
contributions of releases at stage of the product life cycle can be
understood.
Details regarding preparation and use of detailed carbon
footprints with reference to the LCA.
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2.1 Evaluate risks to the environment arising from workplace
activities and substances released to the environment
June 2011 Q5
Describe how environmental modelling can be used to assess risk
arising from the release of a pollutant substance into the
environment. (20)
Source-pathway-receptor relationship The role of models to
predict how the substance disperses through the environment using a
dispersion model or similar Source
Establish, through prediction or measurement, the rate of
release of the pollutant into the environment.
Eference to the role of efflux velocity and concentrations to
gain mass emission rates
Pathway
Factors that affect dispersion: o Weather o Wind speed o River
flow o Turbulence o Buildings/structures o Surface roughness
Factors that may affect the concentration of the original
pollutant and its chemical or physical form
o Chemical reactions o Sedimentation o Adsorption o
Biodegradation
Additional information need for marks expand headings with
suitable examples
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Establishing existing background levels of the pollutant in the
environment was also creditworthy against the predicted dispersion
then allows the dose to vulnerable receptors to be predicted
Establish levels above which the receptors would be harmed
through dose-response relationships, such as the relevance of
environmental assessment levels (EAL), environmental quality
standards and the concept of predicted no effect concentration
(PNEC)
Using modelling results to estimate additional exposure due to
release over existing levels and compare against Environmental
Assessment Levels/PNEC would then allow the extent of risk to be
estimated
Identifying potential for bioaccumulation and the importance of
understanding potential for persistence.
2.2 Identify when an environmental assessment is required and
understand the processes underlying preparation and submission of a
formal Environmental Statement.
Dec 2005 Q1
(a) With reference to relevant standards, outline the meaning
and purpose of life cycle assessment (life cycle analysis). (6) (b)
By using a suitable example, describe the stages of a life cycle
assessment. (14)
(a)
International Standards Organisation ISO 14040 series (14040;
14041; 14042; 14043) contains the specifications and requirements
applying to life cycle analysis
The technique is often used for assessing environmental aspects
and potential impacts of a product and may be used to compare
impacts of a range of products in order to identify those with
least adverse impact on the environment
1
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(b) Life Cycle Analysis is a specialist method for examining the
costs and burdens that activities or products place on the
environment:
Stage 1 definition of goal and scope Stage 2 inventory analysis
Stage 3 impact assessment Stage 4 interpretation
Additional information need for marks expand headings with
suitable examples additional headings needed
2.2 Identify when an environmental assessment is required and
understand the processes underlying preparation and submission of a
formal Environmental Statement.
June 2006 Q2
(a) Outline the legislation and guidance relevant to the need
for an environmental assessment. (5) (b) Describe the principal
matters that should be considered in the preparation of an
environmental assessment for a proposed new plant manufacturing
chemical fertilisers. (14)
The Town and Country Planning (Environment Impact Assessment)
Regulations 1999
o Require that environmental assessment be undertaken by a
developer for specified forms of development
o Identified in Schedule I and Schedule II to the
Regulations
o Developments listed under Schedule l requires an environmental
assessment and the submission of an environmental statement to the
relevant planning authority
o Developments listed under Schedule II, the relevant planning
authority may require an environmental assessment or the developer
themselves may opt to submit such an assessment, irrespective of
whether the authority requires one 10
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Integrated Pollution Control or Pollution Prevention and
Control
Role of Planning Policy Guidance Notes
(b)
Screening and scoping stages
Responses and issued raised by statutory consultees
Findings of baseline surveys
Characterisation of the development during construction,
operation and decommissioning
Location of processes and possible alternatives
Materials (storage, use of resources etc)
Topography, geology and hydrogeology
Socio-economic factors (incl. neighbours / demographics /
size)
SSSIs, wildlife, etc
Emission and mitigation techniques in relation to air, water and
land pollution
Land use, archaeology, visual aspects
Emergency procedures
Security
Transport effects
Energy emissions (noise, vibration, heat, light, radiation)
Drainage and surface water pollution
Preparation of technical and non-technical reports.
Additional information need for marks expand headings with
suitable examples
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3 Control strategies for environmental risks
3.1 Describe appropriate risk control measures
3.2 Explain a systematic approach to environmental risk
management
June 2006 Q5 & June 2009 Q7
BS ISO EN 14001: 2004 requires that an organisation establishes
objectives and targets for assessing environmental management
performance. Using suitable examples to illustrate your answer,
explain: (i) the difference between an objective and a target (8)
(ii) how an organisation should proceed in setting its objectives
and targets (6) (iii) actions that should be considered if a target
is not likely to be achieved within the specified time period. (6)
OR BS EN ISO 14001:2004
(i) Objectives
Are longer term goals based on company policy and the issues
identified in their aspects/impacts analysis
Each significant aspects/impact should have an objective, such
as provision of waste training to all staff
Targets
Are measurable performance requirement linked to each objective,
such as training 25% of employees by the end of the year.
Targets should be SMART (Specific, Measurable, Achievable,
Realistic, Time bound)
(ii)
Objectives should reflect findings of initial environmental
review and the policy requirements
Information should be gathered on existing performance
Identification of improvements that could be made and
quantification of effect of those improvements
Setting targets based on what can be realistically achieved
within resource and financial constraints
(iii)
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requires organisations to establish objectives and targets for
assessing environmental management performance. Using suitable
examples to illustrate your answer: (a) explain the difference
between an objective and a target; (8) (b) explain how an
organisation should proceed in setting its objectives and targets;
(6) (c) describe actions that should be considered if a target is
unlikely to be achieved within the specified time period. (6)
Review data on performance to establish any areas of weakness,
trends etc
Consider additional measures to improve performance corrective
measures Project the effect of any changes implemented to determine
likely future performance
Consider revising the target either to reduce performance
improvement or extend timeframe.
Additional information need for marks additional headings
needed
3.2 Explain a systematic approach to environmental risk
management
Dec 2006 Q4
Describe the benefits and possible drawbacks to an organisation
of integrating its currently separate systems for health and safety
management and
Benefits
Potential cost savings
Reduced administration
Avoiding duplication of information in areas of overlap (eg
hazardous substances control, risk assessment, storage
standards)
Documented control systems that cover both
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environmental management. (20)
disciplines would avoid additional paperwork
Control systems could be designed to minimise conflicts, such as
design of ventilation systems transferring pollutants from the
workplace to the outside atmosphere
Integration of emergency responses
Decreased time taken for decision-making
Systems that work to maximise benefit for the organisation,
rather than pulling against each other
Integrated training
Potential for combined auditing
Potential for further integration with other areas of management
control, such as quality
Drawbacks
More complex documentation systems
Possible reduction in sense of ownership of the system
More complex certification process where external certification
was sought
Larger, more complex systems may be more difficult to change and
slower to respond to pressure for change
Harder for the regulator to identify relevant aspects of the
system
Potential for role conflicts between managers.
3.2 Explain a systematic approach to environmental risk
Dec 2006 Q3
ISO 14001:2004, on environmental management systems,
Those areas of activities, products or services which can
directly or indirectly cause change in the
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management & June 2007 Q2
requires an organisation to identify its 'significant
environmental aspects'. Explain what is meant by this phrase and
how significant aspects may be identified, Use appropriate examples
to illustrate your answers. (20) =
environment over which an organisation has some influence or can
control
Significant aspects may be identified in o Sector Application
Guides or may be
distinguished through risk assessment example
o Significant aspects may be identified in legislation
example
o Life cycle analysis in assessing product and services
Examples could included
Products and by- products
Resources (energy, water, raw materials)
Releases to environment from normal activities
Wastes and effluents
Noise
Vibration
Development of land
Including visual
Landscaping, drainage
Pest control
Natural habitats
Abnormal circumstances
Identifying such aspects is essential if an organisation is to
control its environmental effects
All other parts of ISO 14001 relate back to the aspects register
which documents the various environmental interactions.
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Additional information need for marks expand headings with
suitable examples
3.3 Describe the requirements of emergency plans for their
organisation, including their development, monitoring and
maintenance.
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4 Monitoring, review and audit
4.1 Describe appropriate indicators that may reflect an
organisations environmental management performance
Dec 2009 Q6 & Dec 2010 Q4
Describe appropriate performance indicators that may be used to
measure an organisations environmental management performance
illustrating your answer with suitable examples. (20) OR Describe
appropriate indicators that may be used to measure an organisations
environmental management performance. (20)
Incident frequencies
Near miss frequencies
Emissions to atmosphere
Waste generation and recycling rates
Water use
Discharges to surface water or sewer
Energy use
Noise emissions
Transport/travel emissions
Carbon dioxide emissions
Raw material use
Complaints
Enforcement actions
Adherence to compliance standards
Audit findings, particularly where scoring systems are in
place.
Additional information need for marks expand headings with
suitable examples
4.2 Describe appropriate monitoring techniques and differentiate
between active (pro- active) monitoring and reactive
monitoring.
Dec 2006 Q5
(a) In relation to stack emissions, explain what is meant by:
(I) 'in-situ and 'extractive' monitoring (4) (ii) 'continuous' and
'periodic' monitoring. (4)
(a) (i)
In-situ monitoring is where measurement takes place in the stack
without removing a sample whereas
Extractive monitoring a sample is removed from the stack and
either concentrated for analysis or analysed directly
(ii)
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(b) Describe THREE quantitative methods that can be used to
monitor stack emissions, identifying the types of pollutant and
monitoring regimes for which each may be appropriate. (12)
Continuous monitoring is generally a fixed installation that
gives a continuous measurement of stack gas concentrations
Continuous monitoring is generally a preferred method as it
provides a continuous data stream.
Periodic monitoring takes a short- term sample at regular
intervals (eg six-monthly)
Periodic monitoring does not pick up short-term fluctuations and
is slow to identify failure of control systems.
Both methods may be in-situ or extractive
(b) Answer required: basic description of the method, examples
of pollutants that the method is appropriate for and identifying
whether it is an in-situ or extractive and a continuous or periodic
monitoring method.
4.2 Describe appropriate monitoring techniques and differentiate
between active (pro- active) monitoring and reactive
monitoring.
June 2008 Q5
(a) Identify the aims and objectives of an environmental audit.
(4) (b) Describe the specific issues that should be addressed by an
environmental audit. (16)
(a) Aims and objectives
Compliance with legal requirements
Company policies and management system requirements
Checking the efficiency and effectiveness of control systems and
procedures
Identifying areas where they are inadequate and justify
improvement
Generating awareness of environmental matters amongst management
and employees
Identifying areas where resources could be used
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more effectively
Identifying areas where resources, including money, are being
wasted
(b)
Waste management systems and costs
Effluent management systems
Compliance standards
Controls over atmospheric emissions
Energy efficiency of plant and systems
Transportation effects and controls
Management of nuisances such as noise
Resource usage
Extent and relevance of aspects registers
Correct identification of legal requirements
Emergency preparedness
Staff training
Handling of communications and information.
Additional information need for marks expand headings with
suitable examples
4.2 Describe appropriate monitoring techniques and differentiate
between active (pro- active) monitoring and reactive
monitoring.
Dec 2005 Q6 & June
Describe the main features and requirements of the
Eco-Management and Audit Scheme (EMAS). (20) =
Initial environmental review
Environmental policy with provision for legal compliance and
commitment to continual improvement of environmental
performance
Planning covering all elements identified in the environmental
review
Implementation including employee involvement,
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2010 Q3
compliance by suppliers and contractors
Checking and corrective action including an audit cycle of 3
years or less covering environmental performance
Management review
Certification under an approved accreditation scheme
Publicly available environmental statement meeting the
requirements of Annex III to the EMAS Regulation
Independent validation of the environmental statement.
Differences between ISO 14001 and EMAS example
EMAS participation opened in April 1995 as a voluntary scheme
established by a EU Regulation which aims to bring all business and
authorities to improving their environmental performance
It is open to all EU based organisations in private and public
sectors.
4.2 Describe appropriate monitoring techniques and differentiate
between active (pro- active) monitoring and reactive
monitoring.
June 2011 Q1
As the Environmental Adviser to a large organisation, you have
decided to develop an in-house auditing programme to assess the
effectiveness of the organisations environmental arrangements.
Describe the
The need to gain support and commitment from senior managers and
other key parties.
Requirement to brief managers and employers on the audit process
and expected outcomes
Consideration of logistics and resources that maybe required to
support an audit programme, including equipment required, time
taken and staff resources
Developing an audit programme that reflects the degree of risk
posed
Establishing the most appropriate scale and frequency of
auditing.
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organisational and planning issues to be addressed in the
development of the audit programme. You do not need to consider the
specific factors to be audited. (20)
Defining the standards to be audited against which may have
included legal compliance, good practice or published management
system standards.
Definition of a clear structure for audit example Covering the
options to examine either vertical and
horizontal slices or comprehensive audits
Consideration given to the option to break audits down into
specific elements of management system standard requirements.
Establishing defined methodologies covering the key elements of
an audit process:
o Initial planning o Gathering evidence through interviews,
documentation reviews and verification checks
o Feedback on audit findings o Reporting o Corrective action and
follow-up
Auditing guides to be considered o Development of specific
audit
protocols/questionnaires/checklists o use of proprietary
software systems and
questions
Role of scoring systems to help evaluate performance and
identify best practice and to the value of undertaking pilot audits
to test methodologies
Developing an in-house audit team with defined roles
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Defining competence for each role and provision of training
Need to maintain independence from areas being audited
Value of local knowledge.
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5 Developments in environmental legislation
5.1 Describe the factors
which have influenced
the development of
environmental law in the
UK during the second
half of the 20th century
and the first part of the
21st century
June 2009 Q2 & June 2011 Q7
Using suitable examples, describe the key factors that have
influenced the development of environmental law in the UK since the
second half of the 20th century. (20) OR Outline factors that have
influenced the development of environmental law in the UK since the
second half of the 20th century AND give examples to support your
answer. (20)
Development of prescriptive legislation
Response to specific local environmental problems
Driven largely by public concerns
Examples o Alkali Act o Clean Air Act o Public Health Act o
Deposit of Poisonous Waste Act
Tendency towards greater use of framework Acts
Develop general pollution control/prevention principles
Examples o Control of Pollution Act o Environmental Protection
Act o Water Resources Act o Wildlife and Countryside Act
Greater importance given to global and trans-boundary issues
Driven by greater scientific understanding of environmental
pressures
The role of international treaties, conventions and protocols
where issues affect global commons
Examples o Montreal Protocol o Berne Convention o Kyoto Protocol
o
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European Unions influence Through its thematic strategies on
waste, water, soil,
or wildlife
Associated Directives and Regulations is
Examples o o o o
Advances in communication
The role of increased public and political awareness
Through improved public education, prominence of coverage in the
media / documentaries would certainly be a relevant factor
Special role played by environmental pressure / special interest
groups.
Additional information need for marks expand headings with
suitable examples additional headings needed
5.2 Describe the status and procedures for the creation of UK
Acts and Regulations
5.3 Describe the arrangements for implementing EC Directives in
UK law
5.4 Identify foreseeable
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changes in UK environmental law arising from proposed and draft
EC Directives.
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6 Environmental legislative framework and methods of
enforcement
6.1 Explain the statutory obligations imposed on the
organisation by the Pollution Prevention and Control Act 1999 and
its associated regulations
June 2007 Q1 & June 2010 Q6 & June 2011 Q4
A chemical manufacturing organisation operates under a permit
issued by the Environment Agency for a Part A (1) process under the
Pollution Prevention and Control Regulations 2000, (a) Explain the
enforcement options open to the Environment Agency in the case of
non-compliance with the conditions of the permit, (15) (b) Explain
the procedure to be followed by the organisation if they wish to
surrender their permit. (5) OR A chemical manufacturing
organisation operates
(a)
Environment Agency/SERA can serve notices in the case of
non-compliance:
o Enforcement notice o Suspension notice o Revocation notice
Enforcement notice
Are issued in case of non-compliance with permit conditions
states the potential contravention, remedial steps to be taken
and the period within which they must be taken
Might include advice
It will state the potential contravention
Remedial steps to be taken and the timescaies for compliance
Continuing with the process does not become an offence until the
time limit is exceeded
Suspension notices
Issued where there is a serious risk of (or actual) pollution
occurring.
states the potential contravention, remedial steps to be taken
and the period within which they must be taken
permit ceases to authorise the stated activity until remedial
steps are taken and the notice is
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under a permit issued by the Environment Agency for a Part A (1)
process under Regulations made under the Pollution Prevention and
Control Act 1999. (a) In the case of non-compliance with the
conditions of the permit identify the enforcement options open to
the Regulator AND describe the implications of EACH enforcement
option. (15) (b) Explain the procedure to be followed by the
organisation if they want to surrender their permit. (5) OR A
chemical manufacturing organisation operates under a permit issued
by the Environment Agency for a Part A (1) process
withdrawn
Continuation of the process is an offence unless the notice is
withdrawn
Revocation notice
Cannot take effect until at least 28 days after the notice is
issued
Specify the steps to be taken to return the site to satisfactory
condition
The Environment Agency/SERA has the power to remedy the
pollution and recover the costs from the operator
Environment Agency/SERA may also prosecute the organisation if
they are in breach of their permit conditions, or for failing to
comply with a notice
As a last resort
Regulators can bring a prosecution for operating without a
permit or in breach of conditions or failing to comply with a
notice.
Criminal penalties being up to 50,000 and/or 12 months
imprisonment upon summary conviction
or an unlimited fine and/or 5 years imprisonment following
conviction upon indictment
-
under Regulations made under the Pollution Prevention and
Control Act 1999. (a) Outline the enforcement options open to the
Regulator in the case of non-compliance with the conditions of the
permit. (15) (b) Explain the procedure to be followed by the
organisation if they wish to surrender their permit. (5)
(b)
Apply to the Regulator for surrender of permit
Process includes paying a fee
Application must be supported by the site report
The site report must identify any changes in condition of the
site from those reported at the time of the application
Environment Agency/SEPA has 3 months to consider
o If they are satisfied then they will issue a notice to allow
surrender
o If they are not satisfied the notice states the steps to be
taken to return the site to a satisfactory condition prior to
surrender.
6.1 Explain the statutory obligations imposed on the
organisation by the Pollution Prevention and Control Act 1999 and
its associated regulations
Dec 2007 Q6 & Dec 2008 Q7
The potential liabilities arising from non-compliance with
environmental regulatory controls can be significant. Identify AND
illustrate the ways in which such non-compliance may adversely
affect a business. (20)
Adverse effects arising from:
Criminal prosecutions by the enforcing authorities or through
private prosecutions
Significant fines that can be given for serious breaches of the
law
Potential for prison sentences and for personal prosecution for
directors and managers
Administrative sanctions including serving notices such as
revocation notices, suspension notices and enforcement notices
Orders requiring works to be undertaken to prevent pollution
-
OR The potential liabilities arising from non-compliance with
environmental regulatory controls can be significant.
Outline the ways in which such non-compliance may adversely
affect a business. (20)
Award of clean-up costs for rectifying environmental damage
Loss of value of property, land or a business
Civil liability, resulting in claims for damages or
injunctions
Adverse publicity and its effect on relations with key
stakeholders, including shareholders, neighbours, insurers, banks
etc.
Insurance issues making reference to the fact that most standard
business policies exclude liability for environmental damage unless
sudden and unforeseen
Additional information need for marks expand headings with
suitable examples additional headings needed Examples to
include:
Reference to the scale of fines awarded
Potential costs of cleaning up after serious pollution
incidents.
6.1 Explain the statutory obligations imposed on the
organisation by the Pollution Prevention and Control Act 1999 and
its associated regulations
June 2008 Q1
Under Part IIA of the Environmental Protection Act 1990, local
authorities have powers to serve notice requiring the investigation
and remediation of contaminated land.
(a) Definition
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:
Significant harm is being caused or
There is a significant possibility of such harm being
-
(a) State the criteria that must be met before a local authority
can classify an area as contaminated land. (7) (b) Explain how a
local authority may determine an appropriate person in respect of
liability for remediation. (13)
caused; or
Pollution of controlled waters is being or is likely to be
caused.
The local authority would have to establish that harm or
pollution of the type identified in the above definition is
occurring or is likely to occur
This would depend on whether or not a significant pollutant
linkage could be established between a source, pathway and
receptor
Pollution due to any radioactivity possessed by a substance is
now treated as being contaminated in certain circumstances
(b)
Appropriate persons under the Act are identified through two
liability groups: Class A and Class B
Class A person
is one who caused or knowingly permitted the substance(s) to be
in, on or under the land in question and that that person is the
appropriate person for one or more significant pollution
linkages
Class B person
Only be relevant if no Class A person could be
-
found after reasonable enquiry for that particular significant
pollutant linkage
Would be the owner or occupier for the time being of the land in
question
Reference to statutory guidance 02:2006 issued by DEFRA to
assist local authorities in deciding who is liable and under what
circumstances
Where the harm is pollution of a controlled water, and no class
A person can be found, no-one is an appropriate person and the
linkage becomes an orphan linkage
In cases where there are more than one appropriate persons for a
significant pollutant linkage, a liability group may be identified
with members of the group being apportioned liability for that
pollutant linkage
Class A or Class B person may be exempted from liability through
the application of exclusion tests. These include:
o Class A person excluded from liability for water pollution
from an abandoned mine
o Class B person excluded from liability arising from the escape
of pollutants from one piece of land to another
o A person exempted from liability by virtue of being a person
acting in a relevant capacity, such as a bank, liquidators or
consultants)
Investigation methods (such as historical record searches) that
may be used to identify persons who
-
may fall into either liability class.
6.1 Explain the statutory obligations imposed on the
organisation by the Pollution Prevention and Control Act 1999 and
its associated regulations
Dec 2008 Q1
A chemical manufacturing organisation operates under a Pollution
Prevention and Control permit as a Part A(1) installation. It also
operates a waste sorting and treatment process under a Waste
Management Licence. Under the Environmental Permitting (England and
Wales) Regulations 2007 both the permit and the licence have been
modified to become Environmental Permits. Write a memorandum to
site management to advise them of the key features of the new
Environmental Permitting
Memorandum To Site Management From Environmental Manager Date
____
The following the Better Regulation Initiative, the Government
is developing a simplified and streamlined approach to regulation
of activities subject to prior consent
The new Environmental Permitting system that was introduced in
April 2008 that made administrative changes introduced by the new
system.
The Environmental Permitting regime combines over 40 separate
pieces of regulation into the single new regulation thereby taking
away uncertainty as to what type of permits are required and what
the standards to be achieved are
There is no change to what is regulated, who the regulator are
and the standards that are applied (BAT)
The process for applying for permits, variations,
-
regime including reference to any benefits that the site may
gain. (20)
transfers and surrenders is streamlined and where possible has
been simplified through the use of a common application form
A partial surrender is now possible under the new system
The potential for on-line completion of application forms would
be a welcome simplification of the application process
These changes mean that many sites will benefit from reduced
costs both in applying for and maintaining permits
In the future, both the sites PP Permit and Waste Management
License would be combined into a single site permit either at the
next review date or if substantial changes are requested
A single permit means that the site management requirements and
standards are common across the whole site, which simplifies both
management systems and reporting
There is opportunity to apply for standard permits, covering
waste operations now with the aim of covering other activities in
the future.
Government intend extending the new regime to cover other
environmental consents, including the Waste Resources Act 1991 and
the Radioactive Substances Act 1993
There have been changes to the way that operator competence is
demonstrated with a new system of competency testing and
requirements for continuous professional development
Finally non compliance may lead to newly increased fines of up
to 50,000 and or 12 months
-
imprisonment on summary conviction and or unlimited fine and or
5 years imprisonment following conviction on indictment.
6.1 Explain the statutory obligations imposed on the
organisation by the Pollution Prevention and Control Act 1999 and
its associated regulations
June 2011 Q3
A manufacturing company has received a cautionary letter from
its waste disposal contractor advising that several partly empty
cans of highly flammable, solvent-based floor paint have been found
in a non- hazardous waste skip at the manufacturing site. Prepare a
brief for managers of the company in order to raise awareness of
the main regulatory controls applying to flammable solvent waste
and the implications of non-compliance. (20)
Management Brief To Site Management From Environmental Manager
Date ____ Introduction In response to letter from its waste
disposal contractor advising that several partly empty cans of
highly flammable, solvent-based floor paint have been found in a
non- hazardous waste skip at the manufacturing site, the following
factors Hazards and risks of material
These include include environmental pollution, harm to health
and the obvious safety hazards arising from fire and explosion
Legislation applicable
Environmental Protection (Duty of Care) Regulations 1991
requires to company
Moral, legal and financial impactions
-
o To prevent the escape of waste o to use only authorised
carriers o to provide written descriptions and transfer
notes, and o to report offences
Hazardous Waste Regulations includes o Definitions together with
codes and
categories of waste o Instructions to set out the
consignment
procedures o Requirement for the segregation of
hazardous/special from other waste
Implications include
Failure to comply with the requirements of these Regulations may
expose the company to the risk of prosecution
Non compliance may lead to newly increased fines of up to 50,000
and or 12 months imprisonment on summary conviction and or
unlimited fine and or 5 years imprisonment following conviction on
indictment
Their will be higher costs of disposing of waste where hazardous
waste is mixed with other waste
Adverse publicity that could follow a prosecution, the clean up
costs and the loss of accreditation under environmental management
schemes
There is a potential for a wider impact on business if there was
to be a further breach of the regulations.
-
6.2 Describe the powers of inspectors, different types of
enforcement action and their implications.
June 2008 Q4 & June 2009 Q4
A factory discharges an effluent into a nearby stream. The
Environment Agency has issued a consent under the Water Resources
Act 1991. (a) Explain the management controls that you would expect
to be in place to ensure that the organisation meets the consent
conditions. (15) (b) Outline the actions that the Environment
Agency could take if the organisation were to breach the consent
conditions. (5) OR A factory discharges an effluent into a nearby
stream. The Environment Agency has issued a consent for this
activity under the Water Resources Act 1991.
Monitoring - Regular sampling and analysis for parameters
listed
in the consent - Comparison of analytical results against limits
to
identify trends and potential breaches
Control of discharges - Knowledge of drainage systems drain plan
- Control over discharges into site drains to prevent
unauthorized releases - Maintenance of control systems and
drains - Marking of drains/discharge points
Responsibilities - Clearly defined authority and
accountabilities for
monitoring, control etc
Training/Information - Sufficient so that all staff and
contractors
understand systems and controls
Emergency responses - Site emergency plan for spillages, leaks
etc - Rehearsals and tests - Adequate response equipment
(b)
Issuing informal advice or a cautionary letter to the
Company
-
(a) Describe the management controls that should be in place to
ensure that the factory meets the consent conditions. (15) (b)
Outline the range of actions that the Environment Agency could take
if the factory were to breach the consent conditions. (5)
Issuing of an enforcement notice specifying measures to be taken
to ensure compliance
Prosecution against the Company or its Directors/Managers
Revocation of consent in extreme cases
Requirement for the payment of costs arising from clean up
actions and other associated costs.
Additional information need for marks expand headings with
suitable examples
6.2 Describe the powers of inspectors, different types of
enforcement action and their implications.
Dec 2008 Q8
A local resident has complained that a small stream is being
polluted by oil from a companys manufacturing site. (a) Outline the
actions that the company should take to investigate the complaint.
(10) (b) Describe the statutory offences that may apply if the oil
was found to have originated from the
(a)
Undertake a structured investigation to establish whether the
complaint was valid and if so to confirm the source of the
pollution.
The investigation would involve
Confirming whether the reports were accurate by sampling,
inspection and talking to the resident
By obtaining samples of any oils found to be present in the
stream, these could then be submitted for analysis to build- up a
fingerprint of the oil and its components
By identifying all oils used on site and obtaining samples of
them for analysis, it may be possible to match fingerprints to
resolve the source of pollution
-
manufacturing site. (10)
The investigation should also include examining records and
plans, including drainage plans, inspecting oil stores for leaks
and checking inventories to identify any unaccounted losses
Consideration should also be given to identifying any potential
off-site sources, such as oil users further upstream or
contamination arising from land contaminated by oil
Need to consider other possible targets, not only the stream, as
if pollution was present these may be vulnerable to adverse
effect
Examples of other targets would include drinking water
abstractions, groundwater and potential effects on services etc
Informing the Environment Agency
(b)
Water Resources Act 1991 and associated Regulations
Control Pollution (Oil Storage) Regulations 2001
Environmental Protection Act 1990 if the source was a waste
Pollution Prevention and Control Act 1999
Environmental Permitting Regulations 2007 if the oil originated
from a prescribed process or activity
Anti-Pollution Works Notices Regulations 1999 potential for
breaches of a works notice and the potential for action
Groundwater Regulations 1998 if the pollution arose from a
disposal to land.
-
7 Public access to environmental information
7.1 Explain the format and content of information that is
available to the public that is relevant to an organisations
environmental performance
June 2007 Q3
Many organisations produce publicly available corporate
environmental reports (a) Identify FOUR drivers behind
organisations publishing reports on their environmental
performance. (4) (b) Outline the typical content of what should be
included within an annual environmental performance report.
(16)
(a)
Government pressure for disclosure
Environmental Management Systems which require public
statements, eg EMAS
NGOs and environmental pressure groups
Corporate governance requiring transparency
Supply chain pressure
The organisation might use the opportunity to promote their
environmental image
In some countries such as Denmark and Norway it is a legal
requirement
(b)
Statement acknowledging responsibility for environmental
/sustainable development
Clear definition of boundaries of the company to which the
report applies
Sets targets
Concept of sustainable development and how it applies to the
organisation
Organisation's procurement policy and efforts to manage the
impacts of its supply chains and products
Existence and description of an externally certified (or other)
environmental management system
External validation of report and consideration of product
design issues
Emissions to air, water and land and resource use
-
Recycling rates
Methods for measuring impacts of company activity on
biodiversity
Environmental fines and expenditures
Any environmental awards gained
Comparisons to like organisations.
7.2 Describe the activities of Non-governmental organisations in
making information available to the public
Dec 2006 Q6
Non-governmental organisations (NG0s) play an important role in
protecting the environment. Describe: (a) the advantages; and (10)
(b) limitations (10) of non-governmental organisations in this
role.
(a)
NGOs are independent of Government influence and so may command
higher levels of public confidence/trust
They may have an international role and so may bring with tern
experience of practices elsewhere in the world
They can more easily confront polluters and expose unacceptable
activities
Many have active and extensive membership at 'grass root level
and are well-placed to promote participatory approaches to
environmental management
They tend to have considerable experience in practical
environmental management and field-based work
NGOs may innovate and may be more flexible in their approach
than Governmental bodies and agencies
They often promulgate practices that demonstrate sustainability
across all areas of their work
Ability to raise funding through charitable activities may mean
that they provide solutions that are more cost effective
22
-
(b)
Smaller NGOs may be constrained by limited managerial experience
and lack of appreciation of large organisations problems/costs
Reliance on donations may mean that they are less financially
stable unless long-term funding is secured
There may be a tendency for less effective inter-organisational
coordination, particularly where their work involves complex
schemes with other organisations
They may be answerable to funding bodies, which may lead to
conflicts in principles
Interventions may be small-scale and localised.
7.3 Review methods of presenting information on environmental
management performance in publicly available reports.
-
8 Civil liability in relation to environmental pollution
8.1 Identify the duties owed in common law by organisations and
occupiers of land in respect of environmental pollution
Dec 2006 Q7 & Dec 2009 Q8
Residents living close to a factory have been complaining both
of an intermittent pungent smell and of a dust that appears to have
a corrosive action on the bodywork of their cars. Describe the
legal remedies under civil law that might be available to the
residents. (20) OR Residents claim that dust emanating from a
nearby waste transfer station is damaging their property. Describe
the main grounds for action under civil law that might be available
to the residents. (20)
The main routes through which redress could be sought: These
concern the civil torts of negligence, nuisance, the rule in
Rylands and Fletcher and breach of statutory duty. Negligence
The plaintiffs (residents) would need to establish proof of
causation and proof of harm
They would then need to demonstrate that they were owed:
o A duty of care (as neighbours) o That the duty had been
breached in that the
factory owner had not done all that was reasonably practicable
to prevent foreseeable harm
o That the breach led directly to harm
Nuisance
Comprises both public and private nuisance
the need to demonstrate that there had been unreasonable
interference with the use and enjoyment of land
Taking into account issues such as o Sensitivity and o The
general character of the neighbourhood
Claim for damages under the tort
For a breach of statutory duty: o Where it must be shown that a
statutory
breach had led to damage
-
o The statute does not specifically disallow such an action
o In using this action many plaintiffs would pursue a
double-barrelled action of negligence and breach of statutory
duty
Common law
Rylands and Fletcher imposes strict liability for the escape of
things likely to cause foreseeable harm
Trespass
Require deliberateness and directness i.e. the damage caused was
deliberate to the neighbours property
Remedies sought by the above actions
Injunctions and court orders to prevent further harm
Compensation for harm already caused
Compensation could be in the form of special damages for
calculable harm (eg damage to cars or property) and/or
General damages to compensate for pain, suffering and loss of
amenity.
8.1 Identify the duties owed in common law by organisations and
occupiers of land in respect of environmental pollution
Dec 2005 Q7 &
Compare and contrast the common law torts of private nuisance
and public nuisance, illustrating your answer with examples of
typical
(a)
Nuisance is one of the fundamental principles of tort law
Common law nuisance has developed through two branches, private
nuisance and public nuisance
-
June 2008 Q3 or Dec 2010 Q7
situations that may give rise to an action under the tort of
nuisance and referring to the possible defences and remedies
available. (20) OR Explain the meaning of the common law torts of
private nuisance and public nuisance, illustrating your answer with
examples of situations that may give rise to an action under these
torts, with reference to the possible defences and remedies
available. (20) OR (a) Explain the meaning of the common law torts
of private nuisance and public nuisance. (14) (b) Identify the
possible defences and remedies
Private nuisance
Private nuisance is basically an unreasonable interference with
a persons use or enjoyment of land, or some right over or in
connection with it
To be liable under the tort, it should be foreseeable that
actions would be likely to give rise to a nuisance
Typical activities actionable under private nuisance
include:
o Encroachment (eg landslide) o Physical damage to land (eg
migrating landfill
gases killing vegetation) o Interference with enjoyment of
property (eg
noise or smells)
Private nuisance is actionable by individuals with a direct
proprietary interest in the land in question
Liability for an unreasonable interference or nuisance depends
on a range of factors; such as:
o Duration of the interference o Sensitivity of the claimant o
Any malice o Character of the neighbourhood
Public nuisance
Public nuisance is a crime as well as a tort. In essence it is
similar to private nuisance,
except that it is well established that there is no need to have
an interest in land affected and prescription is not a defence
Persons affected are the public, or a section of it, which
suffer damage at large
Typical examples of public nuisance would be:
-
available for private nuisance and public nuisance. (6)
o Wide scale fallout of dust over a large number of
properties
o Blasting noise and fly rocks from a quarry o An offensive
smell affecting a town centre
(b) The possible defences and remedies available for private
nuisance and public nuisance: Defenses against a nuisance claim:
Prescription continuing a nuisance for 20 years
may legalise it by prescription
Statutory authority
Act of God or a stranger Remedies under nuisance include:
An injunction
Right to take action to abate the nuisance, where notice is
given to defendant, no unnecessary damage is caused
Abatement is that course of action that represents least cost to
the defendant; and/or damages.
Additional information need for marks Appropriate references to
leading case law ....
8.2 Explain the legal principles of decided cases and civil
action.
June 2006 Q7
In the civil law case of Cambridge Water Company v Eastern
(i) Origin and principles of:
Rylands v Fletcher in 1868
-
Counties Leather plc (1994), the House of Lords unanimously
found that the defendant was not liable under the rule of Rylands v
Fletcher for contamination of a water supply borehole. (i) Describe
the origin and principles of, and to, the rule of Rylands v
Fletcher. (15) (ii)Comment on the implications of the House of
Lords decision in Cambridge Water Company v Eastern Counties
Leather plc that foreseeability of damage is necessary in
establishing liability under the Rylands v Fletcher rule. (5)
Following the act by Fletcher of building a reservoir on his
land
Subsequently water escaped from the reservoir and flooded a mine
owned by Rylands
Fletcher had not been negligent as he did not know that the mine
shafts passed beneath the land in question
The Courts established the judgement that a person who for his
own purposes brings onto, collects or keeps on land something which
can do mischief if it escapes must keep it in at his peril, and if
he does not do so, he is prima facie answerable for all the damage
which is a natural consequence of its escape
This has become known as the principle of strict liability in
that no fault is required to establish liability
Subsequent to the original case, the concept has been modified
by the concept that liability rests on the non-natural use of the
land from which the escape has occurred there must be a special use
bringing with it increased danger
the mischievous thing must escape from land and that any
resulting claim must arise from damage done to land owned by
another. In this respect Rylands v Fletcher is a natural extension
of the law of nuisance applying to isolated escapes
Possible defences
The Plaintiff consented to the matter in hand
the activity was specifically authorised by statute
The damage was due to an Act of God
-
(ii)
The Lords ruled that foreseeability of damage was necessary in
establishing liability under Rylands v Fletcher
The consequences for this ruling are that claims for historic
contamination, where the state of knowledge at the time was less,
would be less likely to succeed, except where the risks arising
from the activity were well known at the time
Furthermore, in cases where there is a complex relationship
between the historic escape of the dangerous thing and damage to
remote receptor via an indirect route
a claim would be less likely to succeed as knowledge of
source-pathway-receptor relationships is relatively recent and
still embryonic
The application of the new Contaminated Land regime statutory
law now imposes liability in cases of pollution arising from
escapes of pollutants from land.
-
9 Solid and liquid wastes
9.1 Describe wastes and effluents and determine their
category
Dec 2007 Q8 & June 2010 Q8
Prepare a brief to advise senior managers of a computer printer
manufacturer of how the Waste Electrical and Electronic Equipment
(WEEE) Regulations 2006 may apply to the company. (20) OR Prepare a
brief to advise senior managers of a computer printer manufacturer
of how the Waste Electrical and Electronic Equipment (WEEE)
Regulations 2006 may apply to the company. (20)
Management Brief To Senior Management From Environmental Manager
Date ____
As computer printer manufacturer the Waste Electrical and
Electronic Equipment (WEEE) Regulations 2006 are likely to
apply
The Regulations transpose the EU Directive or waste electrical
and electronic equipment into UK law.
They apply, with certain exceptions, to the categories of
Electrical and Electronic Equipment (EEE) specified in Schedules to
the Regulations.
All producers who put EEE on the market in the United Kingdom in
a compliance period will be responsible for financing the costs of
the:
o Collection o Treatment o Recovery and o Environmentally sound
disposal of:
WEEE from private households that is deposited at designated
collection facilities (DCFs); or returned under an in-store take
back service
The first compliance period which runs from 1 July 2007 to 31
December 2007
All producers must join an approved compliance scheme and
charges must be paid to the EA or
-
SEPA for registration of a scheme
A producer must provide a declaration of compliance, together
with supporting evidence, to the Environment Agency(ies)
A producer must o Mark EEE with the crossed out wheeled bin
symbol, a producer identification mark and a date mark
o Provide information on reuse and environmentally sound
treatment for each new type of EEE put on the market by that
producer
Approved compliance schemes must register or notify each
producer who is a member of that scheme with the Environment
Agency
An operator of a scheme has reporting, compliance and record
keeping obligations
There are special provisions relating to the financing
obligation on users of business WEEE that arises from EEE that was
put on the market in the United Kingdom before 13 August 2005
A person who collects or transports WEEE must ensure that reuse
and recycling of that equipment, or its components, is optimised
and they may refuse to handle contaminated WEEE
A person who treats WEEE must be an authorised treatment
facility (ATF) or an exporter for the purpose of issuing evidence
of compliance under these Regulations through 'evidence notes'
which may be sold to producer compliance scheme
New exemptions for storing or treating WEEE for the purposes of
reuse, recovery or recycling were
-
introduced under the Waste Electrical and Electronic Equipment
(Waste Management Licensing) Regulations 2006.
9.1 Describe wastes and effluents and determine their
category
June 2008 Q8
Under the Landfill Directive, all non-hazardous waste consigned
for landfill disposal must be pre-treated. (a) Outline the options
that could be considered for pre-treatment of waste. (12) (b)
Describe practical measures that could be taken to minimise
generation of waste in a commercial office premises. (8)
(a)
The need for pre-treatment, where possible, for all waste
consigned to landfill was established in autumn 2007
Physical treatments o Sorting to separate recyclable components
o Thermal treatment o Reuse of waste o Crushing/screening o Use of
waste as fuel including biofuels o Solidification
Biological treatments o Composting o Anaerobic digestion
Chemical treatments o Neutralisation o Sterilisation o Leaching,
and
-
o Chemical reaction
Additional information need for marks expand headings with
suitable examples (b)
Requiring suppliers to use returnable delivery packaging
Provision for use of double sided printing
Adoption of paperless office practices
Use of washable cups/plates
Use of refillable printer cartridges
Re-use of surplus paper/card for packaging
Provision of washable towels
Reuse of surplus items of equipment, often through charities
Purchase of equipment with long design life
Order control systems to avoid over-purchasing
9.1 Describe wastes and effluents and determine their
category
Dec 2008 Q2
Describe the key requirements of the Site Waste Management Plans
Regulations 2008. (20)
The Site Waste Management Plans Regulations were introduced in
England from April 2008
Requires the preparation and maintenance of a Site Waste
Management
Plan for certain specified construction and demolition
projects
Regulations apply to construction and demolition projects above
300,000 project cost (materials and labour)
Construction also covers new build, maintenance, alteration or
installation/removal of services such as
-
sewerage or water.
Projects above this threshold must have a Site Waste Management
Plan (SWMP)
Responsibility for the plan is shared between the Client and
Principal Contractor (if one is appointed)
The Plan should be written at design stage then updated
throughout the project.
Projects above 500,000 project cost, a detailed plan is required
and that there is a requirement that this is reviewed at least
every 6 months
The purpose of the Plan is to ensure that: o Building materials
are managed efficiently o Waste is disposed of legally o Material
recycling, reuse and recovery is
maximised.
If a project was planned before 6 April 2008 and construction
work begins before 1 July 2008 there is no need to produce a
SWMP
if work is within a site already subject to an Environmental
Permit as a Part A activity, again there is no requirement to
produce a plan under the Regulations
Plan should include records and all waste taken from the site to
show:
o The types of waste removed o The identity of the person who
removed the
-
waste and their waste carrier registration number
o A description of the waste o The site that the waste was taken
to and the
environmental permit or exemption held by the site where the
material was taken
o Waste data table setting targets for each waste stream and
actual performance
At end of project, the Plan must be reviewed to learn lessons
for any future plan that may be prepared.
The Plan must be is kept for two years
Local authorities and the Environment Agency jointly regulate
site Waste Management Plans Regulations.
9.3 Describe strategies for
monitoring waste and
effluents
Dec 2006 Q2
A company is proposing development of a new facility for the
chemical treatment of hazardous waste. The proposed system will
involve neutralisation of acidic waste prior to its discharge to a
foul sewer. (a) Identify the notification, licensing or permitting
requirements that may apply to the
(a)
Waste Management License under the Waste Management Licensing
Regulations 1994 requires a license to treat/dispose of hazardous
waste
Pollution Prevention and Control Regulations 2000 may require a
permit instead of a licence where treatment exceeded 10 tonnes per
day.
The Control of Major Accident Hazard Regulations 1999 may also
apply if the quantities of hazardous substances exceed threshold
quantities of hazardous substances
Town and Country Planning Act 1990 requires planning
permission
Water Industry Act 1991 requirement is to obtain consent from
the sewerage undertaker to cover the
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treatment of hazardous waste in this situation. (10) (b) Outline
the environmental factors that should be considered in selecting a
suitable site for the new facility. (10)
disposal of trade effluent to foul sewer
Need to submit an Environmental Statement in support of the
planning application
(b)
Proximity to waste generators
Proximity to SSSIs
Whether protected flora/fauna could be present on or near to the
site
Sensitivity of local surface or groundwater resources to
pollution
Accessibility and local transport impacts
Location of sensitive land uses such as housing
Existence of contaminated land
Provision for energy and services
Capacity of sewerage systems and local facilities for disposal
of solid process wastes
Potential constraints due to noise sensitivity
Need to consider land use zoning in local plans
Need to consider flooding risk
Need to consider landform stability issues.
Additional information need for marks expand headings with
suitable examples
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9.3 Describe strategies for
monitoring waste and
effluents
June 2007 Q6
Incineration is a waste treatment technology that involves the
combustion of waste at high temperatures. (a) Outline THREE of the
main groups of air pollutants that may be released by the
incineration process. (6) (b) Comment on the: (i) advantages; and
(7) (ii) disadvantages (7) that incinerators have over other forms
of waste treatment.
(a)
Acidic gases - hydrogen chloride, sulphur oxides, and nitrogen
oxides
Metals - cadmium, mercury, arsenic
Organic substances where combustion has not been complete -
dioxins
Oxides of carbon - carbon monoxide and dioxide
Particulate matter - silica.
(b) (i) Advantages
An overall reduction in volume of waste
Destruction of hazardous components, eg incineration of medical
waste products
An end product ash that is sterile and non-hazardous which can
be recycled eg in road building
Generation of electricity and steam that can be sold to the
regional electric grid and industrial customers and thus replaces
fossil fuel for energy generation
Destruction of organic components of biodegradable waste that
may generate landfill gases
(i) Disadvantages
The concerns about the health effects of dioxin and furan
emissions into the atmosphere
Odour
Public perceptions
Increased road activity
High capital costs
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Stringent monitoring requirements
High fuel costs on start up
Inputs need to be carefully controlled
It is not suitable for all wastes, for instance aqueous
Difficulty in obtaining sites
Poor maintenance can lead to performance deterioration.
Additional information need for marks expand headings with
suitable examples
9.4 Describe strategies for
minimising waste and
effluents
June 2009 Q3
(a) Outline the principles of the waste hierarchy. (8) (b) Using
suitable examples, describe how the waste hierarchy could be
applied to minimising waste in an office environment. (12)
(a)
The waste hierarchy derives from the EU Waste Framework
Directive and is specifically expressed through the Environment Act
1995 as an important guiding principle underpinning the National
Waste Strategies
The hierarchy encompasses, in priority order o Prevention of
waste o Reuse o Recycling and composting o Recovery of value from
waste through for
example energy recovery; and finally o Disposal.
The principle relies on the preferential order of priority, with
reduction of waste through preventing it being the best option and
disposal being the least favourable option.
59
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(b) Importance of establishing waste policies and formal
procedures for cutting down on waste and the critical importance of
staff training and awareness. Preventing waste
Returnable packaging
Paperless offices
Washable plates
Refillable printer cartridges
Re-using by reuse of
Packaging
Note paper
Office equipment etc
Recycling or composting waste through
Segregated collection for
Recycling paper, card, cans, plastics, printer supplies, food
waste or old electrical equipment
This is not really minimisation and it is preferable to find of
ways of preventing something becoming waste in the first place
Recovering energy from
Combustible waste, plastics, paper, card, wood
Finally landfill or incineration of residual waste
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this is well down the waste hierarchy and should only be
considered for waste that cannot be dealt with higher up the
hierarchy.
9.4 Describe strategies for
minimising waste and
effluents
Dec 2009 Q2 & Dec 2010 Q3
Outline reasons why many waste producers are seeking to minimise
the use of landfill as a disposal route for their industrial and
commercial waste streams. (20) =
The effect that landfilling may have on the environment:
Impact on global warming due to the emission of methane and
CO2
Local and global air pollution effects of landfill gases, cfcs
etc
Health and safety concerns, particularly migration of methane
gases
Potential for nuisance, including odour, litter, vermin and
scavengers
Water pollution, particularly groundwater contamination from
leachates
Natural resource concerns:
Burying materials that could be recovered or recycled
Land required for landfilling and restrictions on what completed
sites can be used for
Restricting development of land due to concerns about health,
safety and environmental issues for buildings near to landfill
sites
Environmental and local protest groups
Other factors:
Landfill tax is progressively making landfill less competitive
to its alternatives
High operational costs due to tighter regulation of landfills
have increased prices for landfilling waste
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The pattern of consolidation into fewer, larger sites means
greater transport distances to reach sites
Recycling/reuse can yield income or significantly reduced costs
compared to landfill.
For some wastes, there are restrictions on disposal (liquids,
hazardous wastes etc)
The development of new sites is limited due to the difficulties
in obtaining planning permissions
Producers of waste have concerns over the longer term liability
issues where waste is incorrectly disposed of
Organisations holding ISO14001, there is pressure to seek low
waste systems, greater recovery of waste, recycling and other
disposal options (such as anaerobic digestion), energy recovery,
etc
Many organisations are affected by producer responsibility
schemes that favour recovery of waste rather than disposal
The effect of the Landfill Directive in restricting
biodegradable waste disposal and requiring that waste to landfill
must be subject to pre- treatment in many cases
Requirements for construction and demolition waste must now be
dealt with by recycling/recovery where possible under the Site
Waste Management Plan Regulations.
9.5 Identify appropriate
control strategies and
measures for solid and
Dec 2007 Q4
As a disposal option, landfill is coming under increasing
pressure and its future as the main
Outline of presentation: Introduction
The decline in landfill capacity, particularly for
-
liquid wastes.
disposal method for household, commercial and industrial waste
is limited. Prepare outline notes that will enable you to give an
authoritative presentation on the reasons for this assertion.
(20)
hazardous wastes, and the rapid rise of disposal costs is a
topical issue for environmental managers
Notes covering the following major factors:
Environmental concerns o the impact of methane emissions on
global warming o local air pollution arising from gaseous
emissions o potential safety risks from gas migration o nuisance
from odours and pests o water pollution, particularly
groundwater
contamination from leachates
Natural resource concerns o including burying materials that
could
otherwise be recovered or recycled
Land take and the restriction on development of land due to
concerns about health, safety and environmental issues for
buildings on or near landfill sites
Difficulties in obtaining permission for new sites and the
effect of environmental and local protest groups
Economic costs including progressive rises in Landfill Tax
making landfill less competitive to its alternatives and rising
operational costs due to tighter regulation under the Pollution
Prevention and Control permit system
Tighter restrictions on disposal of some waste types under the
Landfill Directive, particularly hazardous wastes
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shortage of capacity and number of sites capable of dealing with
hazardous wastes
Therefore need for pre-treatment of all wastes prior to landfill
disposal
Concerns over liability for future environmental costs arising
from landfilied waste
levels of financial provision required to ensure sites are
maintained and restored
Trends in many companies towards greater minimization and
recovery of waste which are reducing requirements for disposal
facilities
Effect of such measures as the Packaging Waste Regulations in
encouraging higher rates of recovery
Summary Q&A.
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10 Gaseous and particulate releases to atmosphere
10.1 Describe the
characteristics of
emissions to the
atmosphere and assess
whether emissions are
likely to be subject to
specific legal
requirements
Dec 2006 Q1 & June 2009 Q6
A large manufacturing company wishes to minimise the extent to
which its activities contribute directly and indirectly to global
warming throughout the emission of greenhouse gases. (a) Identify
activities that may lead to release of greenhouse gas emissions
into the atmosphere. (10) (b) Explain how the company could
minimise greenhouse gas emissions arising from distribution
activities. (10) OR A large manufacturing company wishes to
minimise the extent to which its activities contribute directly
and
(a)
Combustion of fossil fuels (oil, LPG, gas and coal) leading to
release of carbon dioxide and other relevant gases through heating
systems
Transportation emissions
Consumption of electricity generated from fossil sources
Process use of fossil fuels
Use of cement and bricks in construction leading to release of
carbon dioxide from calcium carbonate in cement manufacture
Greenhouse gases from energy used in manufacture
Use of chemicals deriving from fossil fuel sources
Disposal of waste to landfill leading to methane emissions
Emission of VOCs used as process solvents or from fuels
Emission of HFCs and chlorinated/fluorinated hydrocarbons
Removal of greenhouse sinks leading to reduced capacity to
absorb carbon dioxide through peat consumption and
deforestation
Direct contributions through use of resources and removal of
sinks / the effect of removal of green house sinks leading to
reduced capacity to absorb carbon dioxide through peat consumption
or deforestation
(b)
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indirectly to global warming through the emission of greenhouse
gases. (a) Identify activities of the company that may lead to
release of greenhouse gas emissions into the atmosphere. (10) (b)
Describe how the company could minimise greenhouse gas emissions
arising from distribution activities. (10)
Use of alternative fuel sources (biodiesel, bioethanol)
Promotion of fuel efficiency measures including o Driver
training o Maintenance of vehicles o Reducing transport mileage by
load planning,
larger loads, and location in proximity to
suppliers/customers
o Timing of deliveries to avoid congestion o Alternative
transport modes (rail a