EnvDip QAs

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

14 Environmental implications of development and land use 15 Energy use and efficiency

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

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

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

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.


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

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

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.



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

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

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.

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

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

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.

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

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

(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

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.


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)

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.


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

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

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.


3.3 Describe the requirements of emergency plans for their organisation, including their development, monitoring and maintenance.

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.


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)

(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.


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

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.



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,

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.


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.

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

Defining competence for each role and provision of training

Need to maintain independence from areas being audited

Value of local knowledge.

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

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

changes in UK environmental law arising from proposed and draft EC Directives.

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

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.


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.


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.


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.


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.


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

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(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.


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


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

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.



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

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.



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

(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

this is well down the waste hierarchy and should only be considered for waste that cannot be dealt with higher up the hierarchy.


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

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

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.

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)

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

EnvDip QAs

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Transcript of EnvDip QAs