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Legal Register - Newcastle University

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Legal Register - Newcastle University Powered By Docstoc
					             Environmental Legal Register
             Site: Newcastle University
             Date of last review: 14/09/2010
             Approved by: Daniel O’Connor
             Issue date: 11/10/2010




Changes:
Date:        Change:                  Editor:
03/10/2010   Addition of SI 2010/ 639 Adam White

05/10/2010   More detailed waste      Adam White
             records info added
11/10/2010   Addition of SI 2008/2349 Adam White
l Legal Register
              Code: 2.1.2
              Reviewed by: Adam White
              Version: 03




              Version:
              3

              3

              3
Legal Register: Air & Climate Change


                                                                                   Controls in place / required       Authorisations, licences,
                                               Business activity /                                                                              Consequences of non- Responsible persons (site
Legislation and Other        Regulator                                             (procedures, monitoring,           consents and related                                                     Location of records                         Notes / training requirements
                                               environmental issue                                                                              compliance           contact)
                                                                                   alarms etc)                        records



                                               Bans the emission of dark
                                                                                   Restrictions on size, content,                                                              Steve Lynn (Maintenance       Hard Copies of boiler
                                               smoke from chimneys, boilers                                           Permit for 3 bonfires per
                                                                                   frequency (Permit) and                                                                      Manager) and Matt Dunlop      maintenance records stored
                                               and furnaces. Limits emissions                                         year. Annual Maintenance Risk of pollution. Fines
Clean Air Act 1993 (c.11)    Local Authority                                       procedure to interpret                                                                      (Energy Manager) . Person     by Alan Hall (Direct Works
                                               of smoke, grit, dust and fumes.                                        Contract. Boiler/furnace  of up to £5000
                                                                                   restrictions. Regular servicing                                                             in charge of the vessel       Team Leader), also on
                                               Specifies required chimney                                             maintenance records.
                                                                                   contract by qualified engineers.                                                            concerned.                    Backtraq
                                               heights.




                             Information                                      Electronic access to                                                   Prosecution which could                                                               Information can be obtained from the website
Environmental Information                      Public access to environmental                                                                                                   The Freedom of Information
                             Commissioners                                    environmental information is                                           result in fine up to £5000                                                            http://www.ncl.ac.uk/foi/, where the relevant staff will
Regulations SI 2004/3391                       information                                                                                                                      Officer
                             Office                                           available on request                                                   on summary conviction                                                                 direct users to the requested information.




                                                                                                                                                                           Steve Lynn (Maintenance
                                                                                                                                                                           Manager), Matt Dunlop
                                                                                                                                                                                                             Hard Copies of boiler
Environmental Protection                                                           Reduction of smoke produced                                                             (Energy Manager), Len
                                               Fuels in furnaces or boilers.                                                                                                                                 maintenance records stored
Act 1990 (c. 43). Part I                                                           through use of permitted fuels / Authorisation to carry out                             Wilson (Head of Capital
                                               Waste material in the open,                                                                      Fine of £1,000 per                                           by Alan Hall (Direct Works
Integrated Pollution Control Local Authority                                       furnaces. Maintenance of         the process. Boiler/furnace                            Development), Dave Watt
                                               including on farms, building                                                                     offence. Risk of pollution                                   Team Leader). Agricultural
and Air Pollution Control by                                                       boilers / furnaces. Air quality  maintenance records                                    (Improvements Manager),
                                               sites and demolition sites                                                                                                                                    waste exemptions are held
Local Authorities                                                                  control.                                                                                Farm Managers. Person in
                                                                                                                                                                                                             by farm managers.
                                                                                                                                                                           charge of the vessel
                                                                                                                                                                           concerned.



                                                                                   Regular servicing of systems.
                                                                                                                      Evidence of competence of                                                              F. Register for ESS owned     Graeme McIntosh is trying to get information
                                               The use and maintenance of          Procedure / guidance for use                                      Prosecution by EA,
                                                                                                                      service engineers. Record                                                              items is available in         from all schools and faculties to compile a
Fluorinated Greenhouse                         refrigeration units (catering,      of contractors outlining                                          which could result to  Graeme McIntosh
                             Environment                                                                              of F Gases and HCFCs on                                                                maintenance office. Service   University wide register. Currently Schools
Gases Regulations SI                           Union Society, labs), chillers,     requirements. Annual                                              fines of £5000 on      (Maintenance Officer) and
                             Agency                                                                                   site including quantity and                                                            engineers all come from       are still responsible for their own equipment,
2009/261                                       air conditioning units, fire        servicing for systems                                             summary conviction and individual schools
                                                                                                                      location. Full trail of                                                                reputable company and         Graeme has informed them of their
                                               systems.                            containing over 3kg. More                                         £20,000 on indictment
                                                                                                                      compliance                                                                             should be properly trained.   obligations though.
                                                                                   regularly for larger systems.



                                               Workers must be competent
                                                                                                                                                                                                             F. Register for ESS owned     Graeme McIntosh is trying to get information
                                               and properly qualified to carry                                                                       Prosecution by EA,
                                                                                   Ensure only qualified workers                                                                                             items is available in         from all schools and faculties to compile a
Ozone-Depleting             Environment        out work involving controlled                                                                         which could result to  Graeme McIntosh
                                                                                   carry out relevant work.           Records of training of                                                                 maintenance office. Service   University wide register. Currently Schools
Substances (Qualifications) Agency.            substances or methyl bromide,                                                                         fines of £5000 or      (Maintenance Officer) and
                                                                                   Provide training and keep          service engineers.                                                                     engineers all come from       are still responsible for their own equipment,
Regulations SI 2009/216     Local Authority    to prevent or minimise leakage.                                                                       summary conviction and individual schools
                                                                                   records of training.                                                                                                      reputable company and         Graeme has informed them of their
                                               Includes refrigeration units, air                                                                     £20,000 on indictment
                                                                                                                                                                                                             should be properly trained.   obligations though.
                                               conditioning etc.


                                                                                                                                                     £60, for an emissions
                                               Emissions from vehicles in or                                                                         offence and increased to
Road Traffic (Vehicle
                                               about to enter an air quality                                                                         £90, if not paid on time;
Emissions) (Fixed Penalty)                                                                                            Name under which the                                                                                                 Newcastle City Centre is a declared an air
                             Local Authority   management area. Includes                                                                             £20, for a stationary     All vehicle users
(England) Regulations SI                                                                                              vehicle is registered.                                                                                               quality management area.
                                               emission offences and                                                                                 idling offence and
2002/1808
                                               stationary idling offences.                                                                           increased to £40, if not
                                                                                                                                                     paid on time.




760f4b59-7ff9-4887-8b8b-862228c58adb.xlsx                                                                                                      Air & Climate Change                                                                                                                                   3
                                                                                  Controls in place / required     Authorisations, licences,
                                                Business activity /                                                                          Consequences of non- Responsible persons (site
Legislation and Other        Regulator                                            (procedures, monitoring,         consents and related                                                     Location of records                    Notes / training requirements
                                                environmental issue                                                                          compliance           contact)
                                                                                  alarms etc)                      records



Smoke Control Areas
                                                Use of authorised fuels for the
(Authorised Fuels)                                                                                                                                                        Matt Dunlop (Energy
                             Local Authority    purpose of Part III of the Clean Only authorised fuels are used.                                                                                                                   Newcastle is a Smoke Control Area
(England) Regulations SI                                                                                                                                                  Manager)
                                                Air Act 1993
2008/514



The Climate Change Levy      Environment                                          Identify renewable energy                                                                                          Invoice data is stored on
                                                                                                              Climate change levy               Prosecution for non-
(Registration and            Agency. HM                                           sources. Manage energy use.                                                             Matt Dunlop (Energy        the TEAM database. Hard
                                                Use of non-renewable energy.                                  registration. Records of          compliance. Fine of up
Miscellaneous Provisions)    Revenue and                                          Keep account and invoice                                                                Manager)                   copies are kept for 7 years
                                                                                                              accounts relating to CCL.         to £250
Regulations 2001/7           Customs                                              records.                                                                                                           in the Finance Office.




                                                                                                                                                                                                     Records of purchased
                                                Use of organic solvents on site
                                                                                                                                                                                                     cleaning supplies are kept
                                                and associated emissions.
                                                                                                                   The University does not                                                           in SAP (accessible to
The Environmental                               Environmental permit required                                                                                             Sheridan Coulthard
                                                                                                                   require an environmental                                                          Sheridian Coulthard).
Permitting (England and      Environment        for various threshold quantities Monitoring of organic solvent                                  Prosecution for non-      (Building Facilities
                                                                                                                   permit for its use of                                                             COSHH Data sheets are
Wales) Regulations SI        Agency             used for various activities.     use.                                                           compliance.               Coordinator), individual
                                                                                                                   solvents. Some records                                                            held by the cleaning
2010/675                                        Formerly covered by the                                                                                                   school safety officers
                                                                                                                   are kept though.                                                                  supervisors and are
                                                Solvent Emissions
                                                                                                                                                                                                     available to all cleaning
                                                Regulations.
                                                                                                                                                                                                     staff.




Volatile Organic
                                                                                                                                                                                                     Data sheets provided by       More stringent limits on maximum VOC
Compounds in Paints,
                             Secretary of State Use of paints, varnishes, and     Monitoring of paints and         Records of use of paints     Prosecution for non-      Steve Lynn (Maintenance    manufacturers stored in       content came in 1st Jan 2010. Legal
Varnishes and Vehicle
                             / Local Authority  vehicle finishing products.       varnishes                        and varnishes                compliance.               Manager)                   direct works in the           requirements apply predominantly to those
Refinishing Products
                                                                                                                                                                                                     Drummond building.            marketing and labelling these products.
Regulations SI 2005/2773



                                                Cap and trade scheme to
                                                                                                                   Need to register online
                                                improve energy efficiency and                                                                   Fined £5000 and a
                                                                                                                   before 30 September 2010.                                                         Records of electricity
                                                reduce emissions from non-        University must comply fully.                                 further £500 per working
                                                                                                                   Submit a footprint report                                                         consumption and other
CRC Energy Efficiency        Environment        energy intensive organisations.   Continue to measure and                                       day if not registered by Matt Dunlop (Energy                                       The University has registered for the scheme
                                                                                                                   and annual report on                                                              documentation will be
Scheme Order SI 2010/768     Agency             Applies to organisations whose    record half-hourly electricity                                deadline. Name of        Manager), Vice-Chancellor                                 - August 2010
                                                                                                                   emissions online between 1                                                        recorded using the TEAM
                                                half-hourly metered electricity   consumption.                                                  organisation may be
                                                                                                                   April 2011 and 29 July                                                            database.
                                                use was above 6,000MWh in                                                                       published.
                                                                                                                   2011.
                                                2008.




                                                                                                                                                                                                     First draft of CMP is available at
                                                                                  University must set targets for                                                                                    http://www.ncl.ac.uk/estates/ass
                                                Production of greenhouse gas                                      Annual monitoring and         Performance against
HEFCE Carbon Reduction                                                            emissions reductions and                                                              Matt Dunlop (Energy          ets/documents/CarbonManageme Deadline for new version of CMP has been
                             HEFCE              emissions from all university                                     reporting progress against    CMP is linked to HEFCE
Strategy for HE in England                                                        develop a carbon management                                                           Manager)                     ntPlanV32008.doc New draft is postponed until March 2011
                                                activities.                                                       CMP                           capital funding (CIF2).                              being written using HEFCE
                                                                                  plan (CMP)
                                                                                                                                                                                                     guidance.




                                                                                  Provide an accurate footprint                                                                                      Records of electricity
                                                                                                                                                Voluntary scheme.
                                                                                  measurement. Demonstrate                                                                                           consumption and other       Submission is planned for Sept / Oct 2010
                                                All emissions contributing to                                      Accurate records to allow    Although standard is a    Matt Dunlop (Energy
Carbon Trust Standard        The Carbon Trust                                     an absolute reduction in our                                                                                       documentation are likely to (although this may be delayed due to staffing
                                                our 'carbon footprint'.                                            measurement of footprint     recognised early action   Manager)
                                                                                  footprint. Demonstrate good                                                                                        be recorded using the       issues)
                                                                                                                                                metric under the CRC.
                                                                                  carbon management.                                                                                                 TEAM database.




760f4b59-7ff9-4887-8b8b-862228c58adb.xlsx                                                                                               Air & Climate Change                                                                                                                      4
Legal Register: Buildings, Construction & Demolition
                                                                        Controls in place / required        Authorisations, licences,
                                         Business Activity /                                                                                 Consequences of non- Responsible persons (site
Legislation               Regulator                                     (procedures, monitoring,            consents and related                                                            Location of records                             Notes / Training requirements
                                         Environmental Issue                                                                                 compliance           contact)
                                                                        alarms etc)                         records



                                                                        EPCs must be obtained for all                                                                                               DECs and DEC advisory reports
                                                                        new properties providing A-G                                                                                                are held electronically on facilities
The Energy                               Documenting and improving      efficiency ratings and                                                                                                      drive (Y:\Sustainability                DECs are valid for 1 year and advisory
Performance of                           the energy efficiency of       recommendations for                                                                                                         Team\Energy and                         reports are valid for 7 years. EPCs,
                                                                                                                                             Penalty charge notice
Buildings (Certificates Local weights    buildings. Energy              improvement. DECs with                                                                       Matt Dunlop (Energy            Water\Legislation\DECs\TEAM             DECs and DEC advisory reports must
                                                                                                         EPCs, DECs and DEC                  or other penalties
and Inspections)        and measures     Performance Certificates       performance information must be                                                              Manager), Steve Lynn           DEC's); DECs are also displayed in      be produced by an accredited energy
                                                                                                         advisory reports.                   under the Housing Act
(England and Wales)     authority        (EPCs), Display Energy         obtained and displayed in                                                                    (Maintenance Manager)          buildings. Copies of EPCs are held      assessor. Air conditioning inspection
                                                                                                                                             2004
(As Amended)                             Certificates (DECs) and air-   buildings with over 1000m2 floor                                                                                            by Matt Dunlop (hard copies in          and maintenance requirements depend
Regulations SI 2007/991                  conditioning inspections.      area. Air conditioning systems                                                                                              DEC data folder). For air               on the size of the systems.
                                                                        must be maintained and                                                                                                      conditioning maintenance and
                                                                        inspected.                                                                                                                  inspection records see Steve Lynn.




The Building Act 1984.
The Buildings
                                                                                                            Planning permission must
Regulations (As                                                         Regulations must be followed at                                                              Len Wilson (Head of
                                                                                                            be sought before                                                                      Project file with each project
Amended) SI 2000/2531.                 Construction and alteration      all times when designing,                                            Prosecution for non-    Capital), Dave Watt (Head of
                       Local Authority                                                                      commencing any building                                                               manager. Hard copy should be in
The Building (Approved                 of buildings.                    constructing, and altering a                                         compliance              Improvements), Individual
                                                                                                            work. Plans Certificate.                                                              project file.
Inspectors etc.) (As                                                    building.                                                                                    Project Managers
                                                                                                            Final Certificate.
Amended) Regulations
SI 2000/2532.



                                                                        Amendment changes
                                                                        requirements for the
                                                                        conservation of fuel and power in
                                                                        new buildings. Summer
                                                                        performance of buildings
                                                                        addressed. Requirements
The Buildings                                                           applying to heating, hot water
                                                                                                            Additional considerations
Regulations (As                                                         and lighting systems have been
                                                                                                            must be made at the design                               Sean Archer (Property
Amended) SI 2000/2531.                  The sale or let of any          changed. New requirements for                                  Prosecution for non-
                        Local Authority                                                                     and planning stages.                                     Manager), Individual Project
Particularly Building                   building.                       air conditioning, mechanical                                   compliance
                                                                                                            Information provided to                                  Managers
(Amendment)                                                             ventilation systems, cold air
                                                                                                            building users.
Regulations SI 2008/671                                                 distribution ducting and chilled
                                                                        water & refrigerants services.
                                                                        New requirement for information
                                                                        to be provided to enable
                                                                        occupiers to operate and
                                                                        maintain the building and its
                                                                        services effectively.


                                                                        If the development meets the
                                                                        standard in schedule 1 or 2 of
Town and Country                                                        regulations then an                 Provision of three copies of
                                         Assessing and publicising                                                                                                                                   Any EIA documents should be in
Planning                                                                Environmental Statement (ES)        the ES to be handed to the       Remedial action by
                                         the environmental impacts                                                                                                       Len Wilson (Head of Capital individual project files (some
(Environmental Impact                                                   must be compiled and submitted      planning authority.              local authority if there is
                       Local Authority   of certain new                                                                                                                  Development), Individual    documents may need to be
Assessment) (England                                                    to the planning authority. ES       Notification in writing to the   a breach of planning
                                         developments, to aid                                                                                                            Project Managers            obtained from consultants - about 3
and Wales) Regulations                                                  must be circulated to statutory     authority of the intention to    controls.
                                         planning decisions.                                                                                                                                         days notice required)
SI 1999/293                                                             consultation bodies and made        submit an ES.
                                                                        available to the public for
                                                                        comment.




760f4b59-7ff9-4887-8b8b-862228c58adb.xlsx                                                                                  Construction & Demolition                                                                                                                                 5
                                                                       Controls in place / required          Authorisations, licences,
                                        Business Activity /                                                                                 Consequences of non- Responsible persons (site
Legislation            Regulator                                       (procedures, monitoring,              consents and related                                                          Location of records                                    Notes / Training requirements
                                        Environmental Issue                                                                                 compliance           contact)
                                                                       alarms etc)                           records



                                       The development of a Travel
                                                                                                                                                                                                      Travel Plan and updates published on
                                       Plan as a condition of                                                Travel Plan and updates
Town and Country                                                   Travel Plan developed,                                                                                                             University website
                                       receiving planning                                                    submitted to local authority, Planning permission         Lynne Edis (Travel Plan
Planning Act 1990,     Local Authority                             implemented, and progress                                                                                                          http://www.ncl.ac.uk/estates/services/tra
                                       permission for certain new                                            planning permission           will not be granted.        Coordinator)                   vel/TravelPlan.htm or are available from
Section 106 (S106)                                                 monitored.
                                       developments within the                                               granted.                                                                                 Lynne Edis
                                       central campus.


                                                                                                                                                                                                    Project file with each project
                                                                       A site survey to check for                                                                      Individual project managers,
Contaminated Land      Environment                                                                                                                                                                  manager. Hard copy should be in
                                                                       contaminated land must be             Site surveys and remedial                                 Len Wilson (Head of Capital
Regulations SI         Agency or       Construction                                                                                         Prosecution                                             project file. (may need to be
                                                                       undertaken before construction        work reports.                                             Development), Dave Watt
2006/1380              Local Authority                                                                                                                                                              obtained from consultant - about 3
                                                                       begins.                                                                                         (Head of Improvements)
                                                                                                                                                                                                    days notice required)



                                                                       A SWMP (detailing the amount
                                                                                                                                                                                                                                                  Detail of information required in SWMP
Site Waste                              Waste from construction        and destination of site waste etc.)   Copy of SWMP to be kept        Unlimited fine on          Individual project managers,   Project file with each project
                      Environment                                                                                                                                                                                                                 depends on the cost of the project - see
Management Plans                        projects with a cost greater   should be produced prior to the       for two years after            indictment, or a fine up   Len Wilson / Dave Watt,        manager. Hard copy should be in
                      Agency or                                                                                                                                                                                                                   http://www.defra.gov.uk/environment/waste/t
(SWMP) Regulations SI                   than £300,000 excluding        start of construction, passed to      completion of the project by   to £50,000 on summary      Daniel O'Connor (Waste         project file. Should be on site with
                      Local Authority                                                                                                                                                                                                             opics/construction/pdf/swmp-
2008/314                                VAT.                           the principal contractor, and         the contractor and client.     conviction.                Manager)                       contractor during project.                  guidance.pdf?lang=_e
                                                                       updated throughout the project.




760f4b59-7ff9-4887-8b8b-862228c58adb.xlsx                                                                                  Construction & Demolition                                                                                                                                            6
Legal Register: Hazardous Substances

                                                                          Controls in place / required           Authorisations, licences,
                                            Business Activity /                                                                                 Consequences of non-         Responsible persons
Legislation                Regulator                                      (procedures, monitoring, alarms        consents and related                                                                    Location of records                               Notes / training requirements
                                            Environmental Issue                                                                                 compliance                   (site contact)
                                                                          etc)                                   records

                                                                                                                                                Unlimited fine and or up to
                                                                                                                                                                                                         Electronic and hard copy of records kept by
Environmental Protection                                                  Risk assessments carried out in                                       5 years in prison on
                                                                                                                                                                            Phil Walsh (Biological       individual principal investigators, as well as the Please visit
Act 1990 Part 6 -                           Control of Genetically        relation to the risk of damage to the                                 indictment, or a fine up to
                         Local Authority                                                                        Records of risk assessments.                                Safety Officer) / School     school GM Safety Committee (GMSC) and the http://www.safety.ncl.ac.uk/gmriskassessment.aspx
Genetically Modified                        Modified Organisms            environment of keeping GMOs.                                          £20,000 and/or 6 months in                                                                                  for more information.
                                                                                                                                                                            GM Chairs                    University GMSC. Phil Walsh should be the
Organisms                                                                 Notify the secretary of state.                                        prison on summary
                                                                                                                                                                                                         first point of contact.
                                                                                                                                                conviction.



Pesticides Act 1998 (c.26)                                                                                                                                                                               Hard copies of training certificates, risk
                                                                          Training of staff / competence of
Control of Pesticides                                                                                                                                                        Ian Walker (Grounds         assessments and pesticide application records
                                                                          contractors using pesticides.
Regulations 1986 SI 1510 Environment        Storage and use of                                                                                  Prosecution for non-         Manager), Bill Taylor and   kept in Ian Walker's office. Safety data sheets
                                                                          Precision use of pesticides to         Certificate of competence.
Control of Pesticides      Agency, HSE      pesticides.                                                                                         compliance.                  David Watson (Farm          either kept with pesticides in Grounds Depot or
                                                                          prevent contamination. Proper
(Amendment) Regulations                                                                                                                                                      Managers)                   available online. Farm Managers keep their
                                                                          storage of pesticides.
1997 SI 188                                                                                                                                                                                              own records.



                                                                                                                                                                             Ian Walker (Grounds
Biocidal Products                                                         Use only products on approved                                         Risk of pollution.
                                                                                                                                                                             Manager), Bill Taylor and
Regulations (as amended) HSE                Use of biocidal products      products list. Fungicides are not                                     Adverse effects on the
                                                                                                                                                                             David Watson (Farm
SI 2001/880                                                               used.                                                                 environment / biodiversity
                                                                                                                                                                             Managers)

                                                                          Compost is exempt from ABPR
The Animal By-Products                                                    authorisation as it is used on site.                                 Regulator can serve a         Individual producers,       Producer stores hard copies of consignment
                                            Composting of catering                                               Consignment note to be
(ABPR) Regulations SI      Secretary of                                   Farms have some agricultural                                         notice to stop, restrict or   Daniel O'Connor (Waste      notes. Orphan consignment notes are stored        Orphan' consignment notes are just those
                                            waste and disposal of                                                completed whenever clinical
2005/2347. Animal By-      State, Local                                   waste exemptions, higher risk                                        change operations.            Manager), Bill Taylor and   as hard copy in Daniel O’Connor's Office (in      that have not been collected by producers,
                                            animal remains from                                                  waste is removed from site.
Products (Amendment)       Authority                                      category waste must be disposed of                                   Prosecution for non-          David Watson (Farm          'WTN' file on shelves). Farm Managers hold        get sent straight to Waste Manager.
                                            laboratory work                                                      Must be retained for 3 years.
Regulations SI 2009/1119                                                  properly. Lab waste is treated as                                    compliance.                   Managers)                   their waste exemptions.
                                                                          clinical waste.


                                                                          Carrying out surveys and use of
                                            Protection of workers and                                        License to work with                                                                                                                          Contractors are brought in to work with
Control of Asbestos        HSE, Local                                     appropriate controls and PPE                                          Prosecution for non-         Gareth O'Neil (Asbestos
                                            others likely to be exposed                                      asbestos, valid for three                                                                                                                     asbestos. No one in the University is
Regulations SI 2006/2739   Authority                                      during removal of asbestos or work                                    compliance                   officer)
                                            to asbestos                                                      years                                                                                                                                         authorised to work with asbestos.
                                                                          in contaminated areas



                                                                        Ensure that applicable imports are
                                                                        registered with the European
                                                                        Chemical Agency (ECHA). Should
                                            Importing chemical
                                                                        not use restricted substances listed
                                            substances from outside the                                      Imports must be registered.
REACH Enforcement          HSE, Secretary                               in Annex XVII. Good practice to let                                 Prosecution for non-                                                                                           At the University this legislation mostly
                                            EU greater than 1 tonne per                                      Must register novel use if not                                  School safety officers
Regulations SI 2008/2852   of State                                     supplier know of novel use of                                       compliance.                                                                                                    applies to chemical use, rather than import.
                                            year. Use of restricted                                          already registered.
                                                                        chemicals. Must follow advice on
                                            chemicals.
                                                                        risk management given in the
                                                                        exposure scenario attached to the
                                                                        safety data sheet.




Plant Protection Products
                                                                          Must use approved products and                                                                     Ian Walker (Grounds
Regulations SI 2005/1435                    The use of plant protection                                                                         Prosecution for non-
                                                                          use them in accordance with the                                                                    Manager), Bill Taylor and
Plant Protection Products HSE               products (herbicides,                                                                               compliance. Risk of
                                                                          principles of good plant protection                                                                David Watson (Farm
(Amendment) (No.3)                          insecticides etc).                                                                                  pollution.
                                                                          practice and integrated control.                                                                   Managers)
Regulations SI 2007/2466.



                                                                                                                                                                                                         Electronic and hard copy of records kept by
Genetically Modified                                                                                         Emergency plan if risk
                                                                         Risk assessment and notification of                                                                 Phil Walsh (Biological      individual principal investigators, as well as the Please visit
Organisms (Contained                        Contained use of genetically                                     assessment identifies risk to      Prosecution for non-
                           DEFRA and HSE                                 activities involving genetically                                                                    Safety Officer) / School    school GM Safety Committee (GMSC) and the http://www.safety.ncl.ac.uk/gmriskassessment.aspx
Use) Regulations SI                         modified organisms.                                              the environment in case of         compliance.                                                                                                 for more information.
                                                                         modified organisms.                                                                                 GM Chairs                   University GMSC. Phil Walsh should be the
2000/2831                                                                                                    accident.
                                                                                                                                                                                                         first point of contact.




760f4b59-7ff9-4887-8b8b-862228c58adb.xlsx                                                                                             Hazardous Substances                                                                                                                                                7
                                                                          Controls in place / required             Authorisations, licences,
                                            Business Activity /                                                                                  Consequences of non-            Responsible persons
Legislation                Regulator                                      (procedures, monitoring, alarms          consents and related                                                                      Location of records                              Notes / training requirements
                                            Environmental Issue                                                                                  compliance                      (site contact)
                                                                          etc)                                     records




                                                                                                                                                 Prosecution for operating
                                            Exempt waste operations,      Campus composter is exempt from
The Environmental                                                                                                  Exempt certificate. Must      without authorisation.          Daniel O'Connor (Waste      Hard copy of exempt certificate in Waste
                           Environment      including composting on       EP as compost is made from site                                                                                                                                                New categories of exemption introduced in April
Permitting (England and                                                                                            renew registered exempt       Regulator can serve a           Manager), Bill Taylor and   Manager's office. Agricultural waste
                           Agency / local   central campus and farms,     waste and is used on site. Farms                                                                                                                                               2010, most existing exemptions still apply
Wales) Regulations SI                                                                                              waste operation every three   notice (e.g. enforcement,       David Watson (Farm          exemptions held by Farm Managers (in 'Food' http://www.netregs.gov.uk/netregs/117450.aspx.
                           authority        storage and burning of        have numerous agricultural waste
2010/675                                                                                                           years.                        information, prohibition        Managers)                   file on shelves).
                                            agricultural wastes.          exemptions.
                                                                                                                                                 notice) that requires action.




                                                                                                             Environmental Permit that
                                                                                                                                                 Unlimited fine and or up to
                                                                                                             authorises the accumulation
The Environmental                                                                                                                                5 years in prison on                                        Simon Willis keeps the original RSA 93
                                                                                                             and disposal of radioactive
Permitting (England and    Environment      Keeping or using radioactive Registration with the Environmental                                     indictment, or a fine up to Simon Willis (Radiation         permits, which are still valid under EPR 10.
                                                                                                             waste (formerly a radioactive
Wales) Regulations SI      Agency           material on site             Agency                                                                  £20,000 and/or up to 6      Protection Officer)             The hard copy will be updated to an EP if we
                                                                                                             substances registration, RSA,
2010/675                                                                                                                                         months in prison summary                                    need to vary the permit and reapply.
                                                                                                             under the Radioactive
                                                                                                                                                 conviction.
                                                                                                             Substances Act 1993)



Carriage of Dangerous                       Reduce the risk of harm or                                                                                                                                                                                        Please visit
Goods and Use of                            damage to people property Dangerous goods must be                                                                                    School Safety Officer or                                                     http://safety.ncl.ac.uk/transportofbiologicalhazards.
                                                                                                                                                 Prosecution for non-
Transportable Pressure   HSE                and the environment posed classified under ADR or RID before                                                                         School Biological Safety                                                     aspx Anyone involved in the carriage of dangerous
                                                                                                                                                 compliance
Equipment Regulations SI                    by the carriage of         transport by road or rail.                                                                                Supervisor                                                                   goods by road or rail, must receive training in
2009/1348                                   dangerous goods.                                                                                                                                                                                                  accordance with ADR or RID.




                                                                                                                                                                                                    Hazardous waste - School Safety Officer
                                                                                                                                                                                                    stores a hard copy of consignment note.
                                                                                                                                                                                                    Orphan consignment notes are stored by the
The Hazardous Waste                                                                                                Site registration.
                                                                                                                                                                                                    Waste Manager (in 'WTN' file on shelves).
                                                                                                                   Consignment note to be
(England and Wales)                                                                                                                                                         Daniel O'Connor (Waste Site registration - Stored electronically on the
                                                                     Site must be registered with the              completed whenever           Unlimited fine and or up to
Regulations SI 2005/ 894,                                                                                                                                                   Manager), School Safety Facilities Drive (L:\Sustainability Team\Waste Amendment increases threshold from
                          Environment       Hazardous waste produced Environment Agency and records                hazardous waste is removed 2 years in prison on
The Hazardous Waste                                                                                                                                                         Officers, Bill Taylor   Management\compliance\contractor permits        200kg of hazardous waste per year to
                          Agency            on site.                 kept of all hazardous waste                   from site and retained for 3 indictment, or a fine up to
(England and Wales)                                                                                                                                                         (Nafferton Farm         licenses). Clinical waste – Producer keeps      500kg.
                                                                     removals.                                     years. 'Return to producer'  £5000 summary conviction.
(Amendment) Regulations                                                                                                                                                     Manager)                consignment notes and forwards copies to the
                                                                                                                   forms from waste contractor
SI 2009/507                                                                                                                                                                                         Waste Manager ~ quarterly (in 'WTN' file).
                                                                                                                   to be kept for 3 years.
                                                                                                                                                                                                    'Return to producer' forms are provided by
                                                                                                                                                                                                    waste contractor quarterly and stored in Waste
                                                                                                                                                                                                    Manager's office (in 'WTN' file).




                                                                          List allows classification of types of
                                                                          waste. All waste classified as being
The List of Wastes
                           Environment      All waste produced or         hazardous to be treated as                                                                             Daniel O'Connor (Waste
(England) Regulations SI
                           Agency           handled on site.              hazardous waste in accordance                                                                          Manager)
2005/895
                                                                          with the Hazardous Waste
                                                                          Regulations.


Health and Safety at Work                   Health, safety and welfare in
etc. Act 1974 Part 1.                       connection with work, and
Health and Safety at Work                   control of dangerous
                           Environment
etc. Act 1974 (Application                  substances and certain        Mostly relate to transport of                                          Prosecution and/or civil        Various Managers,
                           Agency / Local                                                                                                                                                                                                                     For more details see http://www.safety.ncl.ac.uk/
to Environmentally                          emissions into the            dangerous goods.                                                       claim                           University Safety Office
                           Authority
Hazardous Substances)                       atmosphere. Transport of
(as amended) Regulations                    hazardous substances
SI 2002/282                                 inland.




760f4b59-7ff9-4887-8b8b-862228c58adb.xlsx                                                                                              Hazardous Substances                                                                                                                                                           8
                                                                       Controls in place / required          Authorisations, licences,
                                            Business Activity /                                                                           Consequences of non-       Responsible persons
Legislation                Regulator                                   (procedures, monitoring, alarms       consents and related                                                              Location of records                                         Notes / training requirements
                                            Environmental Issue                                                                           compliance                 (site contact)
                                                                       etc)                                  records


                                                                                                             Records of monitoring carried
                                                                       Risk assessment of the risks to the   out as a result of these risk
Control of Substances                       To protect employees and   health and safety of the employees    assessment should be kept
                                                                                                                                           Prosecution under COSHH                                                                                         Further information available at
Hazardous to Health (As                     any other people who may   carried out. Monitoring employees     for at least 5 years. Records                                                     Electronic and hard copy of records kept by
                        HSE                                                                                                                regulations and/or civil Principal Investigator                                                                 http://www.safety.ncl.ac.uk/coshhriskassessment.as
Amended) Regulations SI                     be exposed to substances   exposure to hazardous substances      of an employee who                                                                individual principal investigators.
                                                                                                                                           claim from employee                                                                                             px
2002/2677                                   hazardous to health.       where necessary. Accident and         undergoes health
                                                                       emergency procedures in place.        surveillance should be kept
                                                                                                             for at least 40 years.




                                                                       Employers to keep exposure to                                                                                           Each radiation worker should have a copy of risk
                                                                       ionising radiations as low as       Record and maintenance of                                                           assessments relevant to their work. Radiation local rules
Ionising Radiation                          Exposure to ionising                                                                          Prosecution for non-       Simon Willis (Radiation
                           HSE                                         reasonably practicable. Risk        risk assessment. Production                                                         and guidance online at
Regulations SI 1999/3232                    radiation.                                                                                    compliance                 Protection Officer)       http://www.safety.ncl.ac.uk/radiationlocalrulesandguida
                                                                       assessment of any new activity with of local rules and guidance.
                                                                       ionising radiation.                                                                                                     nce.aspx




760f4b59-7ff9-4887-8b8b-862228c58adb.xlsx                                                                                        Hazardous Substances                                                                                                                                                           9
Legal Register: Waste Management

                                                                              Controls in place / required          Authorisations, licences,
                                                  Business Activity /                                                                               Consequences of non-            Responsible persons
Legislation                     Regulator                                     (procedures, monitoring,              consents and related                                                                     Location of records                            Notes / Training requirements
                                                  Environmental Issue                                                                               compliance                      (site contact)
                                                                              alarms etc)                           records


                                                                                                                                                                                                             Waste Transfer Notes – Hard copies in
                                                                              Suitable containers to prevent
                                                                                                                                                                                                             Waste Manager’s office (in 'WTN' file on
                                                                              escape of waste. Selection of                                         Unlimited fine and/or up to 5
                                                                                                                    Written description of waste                                                             shelves), some electronic. Contractors'
                                                                              waste collection contractors.                                         years in prison on
                                                                                                                    produced. Waste Transfer                                                                 waste carrier and premises licences – Hard
Environmental Protection Act                                                  Type and number of waste                                              indictment, or a fine up to   Daniel O'Connor (Waste
                             Local Authority      All waste produced on site.                                       Notes completed and retained.                                                            copy in Waste Manager’s office (in 'Waste
1990 (c.43).                                                                  receptacles necessary to contain                                      £50,000 and/or 12 months Manager)
                                                                                                                    Waste Carriers must be                                                                   Contracts' file or L:\Sustainability
                                                                              waste and prevent nuisance is                                         in prison on summary
                                                                                                                    licensed.                                                                                Team\Waste
                                                                              determined by the Local                                               conviction.
                                                                                                                                                                                                             Management\compliance\contractor permits
                                                                              Authority.
                                                                                                                                                                                                             licenses).


                                                                                                                                                                                                           Waste Transfer Notes – Hard copies in
                                                                              Transfer note and description of                                                                                             Waste Manager’s office (in 'WTN' file on
Environmental Protection
                                                                              waste to be produced and                                                                                                     shelves), some electronic. Contractors'
(Duty of Care) Regulations SI   Local Authority
                                                                              signed, and produced on request Transfer notes and records of Fixed Penalty Notices.                                         waste carrier and premises licences – Hard
1991/2839, Environmental        (Waste                                                                                                                                              Daniel O'Connor (Waste
                                                  All waste produced on site. from waste collection authority. waste produced to be retained Prosecution on non-                                           copy in Waste Manager’s office (in 'Waste
Protection (Duty of Care)       Collection                                                                                                                                          Manager)
                                                                              Waste collection contractor must for 2 years after transfer.   compliance                                                    Contracts' file or L:\Sustainability
(Amendment) Regulations SI      Authority)
                                                                              be licensed. Waste disposed of                                                                                               Team\Waste
2003/63                                                                       at licensed facility.                                                                                                        Management\compliance\contractor permits
                                                                                                                                                                                                           licenses).

                                                                              Waste to be categorised as                                            Fixed Penalty Notices.
The Controlled Waste                                                                                                                                                                Daniel O'Connor (Waste
                                Local Authority   All waste produced on site. Household, Industrial, or                                             Prosecution on non-
Regulations SI 1992/588                                                                                                                                                             Manager)
                                                                              Commercial                                                            compliance



Control of Pollution                                                                                                                                                                                         Contractors' waste carrier and premises
                                                                                                                                                    Fixed fine or Prosecution for
(Amendment) Act 1989,                                                                                                                                                                                        licences – Hard copy in Waste Manager’s
                                                                              Waste collectors must be a            Retain a copy of the            non-compliance. Seizure
Controlled Waste                Environment                                                                                                                                       Daniel O'Connor (Waste     office (in 'Waste Contracts' file or
                                                  Transportation of waste     registered carrier of controlled      contractor's waste carrier      and disposal of vehicles
(Registration of Carriers and   Agency                                                                                                                                            Manager)                   L:\Sustainability Team\Waste
                                                                              waste.                                licence.                        used to transport waste
Seizure of Vehicles)                                                                                                                                                                                         Management\compliance\contractor permits
                                                                                                                                                    illegally.
Regulations SI 1991/1624                                                                                                                                                                                     licenses).




                                                                                                                                                    Prosecution for operating       Daniel O'Connor (Waste
                                                  Exempt waste operations,    Campus composter is exempt
                                                                                                                    Exempt certificate. Must        without authorisation.          Manager), Bill Taylor    Hard copy of composter exempt certificate in
The Environmental Permitting Environment          including composting on     from EP as compost is made
                                                                                                                    renew registered exempt         Regulator can serve a           (Nafferton Farm          Waste Manager's office (in 'Food' file on
(England and Wales)          Agency / Local       central campus and farms,   from site waste and is used on
                                                                                                                    waste operation every three     notice (e.g. enforcement,       Manager), David          shelves). Farm Managers hold relevant
Regulations SI 2010/675      Authority            storage and burning of      site. Farms have numerous
                                                                                                                    years.                          information, prohibition        Watson (Cockle Park      exemptions.
                                                  agricultural wastes.        agricultural waste exemptions.
                                                                                                                                                    notice) that requires action.   Farm Manager)



                                                                                                                                                                                                 Hazardous waste - School Safety Officer
                                                                                                                                                                                                 stores a hard copy of consignment note.
                                                                                                                                                                                                 Orphan consignment notes are stored by the
                                                                                                                                                                                                 Waste Manager (in 'WTN' file on shelves).
                                                                                                               Site registration. Consignment
                                                                                                                                                                                                 Site registration - Stored electronically on
The Hazardous Waste                                                                                            note to be completed
                                                                                                                                                                                                 the Facilities Drive (L:\Sustainability
(England and Wales)                                                           Site must be registered with the whenever hazardous waste is Unlimited fine and or up to 2
                                                                                                                                                                         Daniel O'Connor (Waste Team\Waste                                    Amendment increases threshold from
Regulations SI 2005/ 894, The Environment         Hazardous waste             Environment Agency and           removed from site and          years in prison on
                                                                                                                                                                         Manager), School Safety Management\compliance\contractor permits 200kg of hazardous waste per year to
Hazardous Waste (England      Agency              produced on site.           records kept of all hazardous    retained for 3 years. 'Return indictment, or a fine up to
                                                                                                                                                                         Officers                licenses). Clinical waste – Producer keeps 500kg.
and Wales) (Amendment)                                                        waste removals.                  to producer' forms from waste £5000 summary conviction.
                                                                                                                                                                                                 consignment notes and forwards copies to
Regulations SI 2009/507                                                                                        contractor to be kept for 3
                                                                                                                                                                                                 the Waste Manager ~ quarterly (in 'WTN'
                                                                                                               years.
                                                                                                                                                                                                 file). 'Return to producer' forms are
                                                                                                                                                                                                 provided by waste contractor quarterly and
                                                                                                                                                                                                 stored in Waste Manager's office (in 'WTN'
                                                                                                                                                                                                 file).


                                                                              List classifies types of waste. All
                                                                              waste classified as being
The List of Wastes (England)    Environment       All waste produced or       hazardous to be treated as                                                                            Daniel O'Connor (Waste
Regulations SI 2005/895         Agency            handled on site.            hazardous waste in accordance                                                                         Manager)
                                                                              with the Hazardous Waste
                                                                              Regulations.




760f4b59-7ff9-4887-8b8b-862228c58adb.xlsx                                                                                                    Waste Managment                                                                                                                                10
                                                                            Controls in place / required        Authorisations, licences,
                                               Business Activity /                                                                               Consequences of non-          Responsible persons
Legislation                   Regulator                                     (procedures, monitoring,            consents and related                                                                     Location of records                             Notes / Training requirements
                                               Environmental Issue                                                                               compliance                    (site contact)
                                                                            alarms etc)                         records


                                                                            Pre-treatment regulations
                                                                            require waste producers to
                                                                            physically, thermally or
                                                                                                                                                 Untreated waste will not be                             Data regarding the quantities of different
The Landfill (England and                                                   biologically treat their waste        Must be able to provide
                              Environment                                                                                                        accepted at landfill, and   Daniel O'Connor (Waste      waste streams (recyclables and residual)
Wales) Regulations SI                          Waste being sent to landfill before it is disposed of at landfill. evidence of pre-treatment as
                              Agency                                                                                                             Duty of Care will be        Manager)                    collected by the waste collection contractors
2002/1559                                                                   At the University this mainly         part of Duty of Care.
                                                                                                                                                 compromised.                                            are held by the Waste Manager.
                                                                            consists of segregation of
                                                                            recyclables and incineration of
                                                                            residual waste.

                                                                            Waste disposal procedure.           Consignment notes (or waste
Waste Electrical and                                                                                                                                                                                  Electronic consignment notes are sent to the
                                               All waste electrical and     WEEE is collected separately        transfer notes depending on                                                                                                        Prior to August 2010, WEEE consignment
Electronic Equipment          Environment                                                                                                     Prosecution for non-             Daniel O'Connor (Waste Waste Manager and kept in folder
                                               electronic equipment on      and disposed of as hazardous        the nature of the WEEE) must                                                                                                       notes were kept by the individual waste
Regulations SI 2006/3289      Agency                                                                                                          compliance.                      Manager)               L:\Sustainability Team\Waste
                                               site.                        waste, which is documented          be completed and retained for                                                                                                      producers.
(WEEE)                                                                                                                                                                                                Management\compliance\WTN\WEEE
                                                                            accordingly.                        3 years.


                                                                            A SWMP (detailing the amount
                                            Waste from construction         and destination of site waste                                        Unlimited fine on             Individual project                                                        Detail of information required in SWMP depends on
Site Waste Management Plans Environment                                                                       SWMP to be kept for two
                                            projects with a cost greater    etc.) should be produced prior to                                    indictment, or a fine up to   managers / Daniel         Project file with each project manager. Hard the cost of the project - see
(SWMP) Regulations SI       Agency or Local                                                                   years after completion of the
                                            than £300,000 excluding         the start of construction, passed                                    £50,000 on summary            O'Connor (Waste           copy should be in project file.              http://www.defra.gov.uk/environment/waste/topics/
2008/314                    Authority                                                                         project.                                                                                                                                   construction/pdf/swmp-guidance.pdf?lang=_e
                                            VAT.                            to the principal contractor, and                                     conviction.                   Manager)
                                                                            updated throughout the project.



                                                                                                                                                                                                                                                         This information does need disseminating to
                                                                                                                                                                                                                                                         vehicle owners. Each school/department is
                                                                                                                                                                                                                                                         responsible for their fleet. Disposal of
                                                                                                                                                                                                                                                         vehicles in the University is done by:
                                                                            A certificate of destruction must
                                                                                                                                                                                                                                                         redistribution of used vehicles within the
                                               Disposal and recycling of be collected from an authorised                                                                       Owner of vehicles. E.g.
End-of-Life Vehicles          Secretary of                                                                                                       On summary conviction a                                 Certificates of destruction are kept with       university, sent to scrap, some vehicles are
                                               vehicles at the end of their treatment facility upon delivery    Certificates of destruction                                    schools and
Regulations SI 2003/2635      State                                                                                                              fine of up £1000                                        individual vehicle owners.                      leased so at the end of the contract the
                                               life.                        of an end of life vehicle. The                                                                     departments
                                                                                                                                                                                                                                                         vehicles are replaced by the leasing
                                                                            certificated should be retained.
                                                                                                                                                                                                                                                         company. Most of the University fleet at the
                                                                                                                                                                                                                                                         end of life are exchanged for parts so this
                                                                                                                                                                                                                                                         legislation will not be applicable in many
                                                                                                                                                                                                                                                         cases.


                                                                            Automotive and industrial
                                                                                                                                                                                                                                                         Responsibility under these regulations lies
                                                                            batteries banned from landfill                                                                     Daniel O'Connor (Waste
Waste Batteries and                                                                                                                                                                                                                                      with retailers and producers. However, the
                            Environment        Separation of waste          from January 2010. Retailers                                         Prosecution for non-          Manager) and Alan Hall
Accumulators Regulations SI                                                                                                                                                                                                                              University does provide collection bins for
                            Agency             batteries for recycling.     and producers are responsible                                        compliance.                   (Direct Works Team
2009/890                                                                                                                                                                                                                                                 batteries, which are collected by the WEEE
                                                                            for providing facilities to take                                                                   Leader)
                                                                                                                                                                                                                                                         contractor.
                                                                            back batteries.




760f4b59-7ff9-4887-8b8b-862228c58adb.xlsx                                                                                                Waste Managment                                                                                                                                                     11
Legal Register: Nuisances
                                                                              Controls in place /             Authorisations,
Legal Register:                            Business Activity /                                                                    Consequences of       Responsible persons
                       Regulator                                              required (procedures,           licences, consents                                            Location of records   Notes / Training requirements
Nuisances                                  Environmental Issue                                                                    non-compliance        (site contact)
                                                                              monitoring, alarms etc)         and related records

                                           Nuisance arising from business
                                           practices e.g. noise and
                                                                              Monitoring potential                                                      Construction Project
Control of Pollution   Environment         vibration, smoke, fumes, gasses,
                                                                              nuisance. Maintaining good                         Prosecution for non-   Managers, School
Act 1974 (as           Agency, Local       dust, steam, smell, vermin,
                                                                              relationships with the local                       compliance             Safety Officers, Farm
amended)               Authority           animals you keep, waste
                                                                              community.                                                                Managers
                                           deposits, the poor state of your
                                           business premises.


                                                                              Monitoring noise, vibration,
                                                                                                                                                        Daniel O'Connor
Environment Act        Environment         Nuisance caused through waste      and odour arising from                             Prosecution for non-
                                                                                                                                                        (Waste Manager),
1995 (c. 25)           Agency              disposal process / procedures.     waste disposal activity, and                       compliance.
                                                                                                                                                        Farm Managers
                                                                              through storage of waste.


                                                                                                                                 Prosecution for non-
Environmental                              Nuisance caused by dust,           Monitor airborne nuisance.                                                Construction Project
                                                                                                                                 compliance. May be
Protection Act 1990    Local Authorities   smoke, fumes, animals, noise,      Ensure that litter is cleaned                                             Managers, School
                                                                                                                                 sued by indiviuals
(c. 43)                                    and litter.                        up regularly.                                                             Safety Officers
                                                                                                                                 affected.




760f4b59-7ff9-4887-8b8b-862228c58adb.xlsx                                                                          Nuisances                                                                                                      12
Legal Register: Water, Groundwater & Land

                                                                              Controls in place / required          Authorisations, licences,
                                               Business Activity /                                                                            Consequences of non- Responsible persons
Legislation                      Regulator                                    (procedures, monitoring,              consents and related                                                              Location of records               Notes / training requirements
                                               Environmental Issue                                                                            compliance           (site contact)
                                                                              alarms etc)                           records




Environment Act 1995 (c. 25),                                                 Control discharge of trade                                                                  Matt Dunlop (Energy         Trade effluent discharge
Water Act 2003 (c.37), Water                                                  effluents to public sewers.                                                                 Manager) - trade effluent   consents (administration and
Act 2003 (Commencement No.                                                    Pollution incident procedure for                                                            consents. Daniel            charges) stored electronically
9 and Saving Provisions)        Environment                                   dealing with spillage. Proper     Trade Effluents Discharge Prosecution and fine            O'Connor (Waste             on Facilities Drive. One for
                                               Discharge of trade
(England) Order SI 2009/359, Agency / Water                                   disposal of hazardous             Consents (Administration for discharging without          Manager) - Proper           general effluent and one for
                                               effluents.
Water Industry Act 1991 (c.     Authority                                     substances not permitted to enter and Charges)              consent.                        disposal of hazardous       GMOs. Water bills show
56), Trade Effluent (Prescribed                                               public sewers. Proper storage of                                                            waste. School Safety        disposal charges including
Processes and Substances)                                                     waste to avoid contamination of                                                             Officers - Procedures for   effluent, on TEAM database
Regulations SI 1989/1156                                                      public sewers.                                                                              dealing with spillage.      and in Energy Manager's office.




                                                                              Must take all necessary steps to
                                               Prevention, limitation
                                                                              prevent imminent or further                                         Served with
                                               and remediation of
                             Environment                                      environmental damage, and                                           remediation notice.
Environmental Damage                           environmental damage.                                                                                                      Matt Dunlop (Energy
                             Agency, Local                                    notify the enforcing authority of                                   Recovery of costs of
(Prevention and Remediation)                   Imposes strict liability for                                                                                               Manager), Safety
                             Authority or                                     incidents. Various control / safety                                 remediation.
Regulations SI 2009/153                        environmental damage                                                                                                       Officers
                             Natural England                                  procedures in place. Adherence                                      Prosecution for non-
                                               caused by certain
                                                                              to other legislation. Various risk                                  compliance.
                                               activities.
                                                                              assessments undertaken.



                                               Management of
                                               activities to prevent                                                                                                                                  The University does not have
                                                                              Regular inspections of facilities.                                                          Ian Walker (Grounds
                                               groundwater pollution.                                                                                                                                 an Environmental Permit for
The Environmental Permitting                                                  It is an offence to allow discharge                                 Prohibition notice or   Manager), Alan Hall
                             Environment       E.g. storage of oil,                                                                                                                                   groundwater discharge.
(England and Wales)                                                           of hazardous or polluting           Inspection records              prosecution for non-    (Direct Works Team
                             Agency            agricultural pesticides.                                                                                                                               Inspection records of storage
Regulations SI 2010/675                                                       substances into groundwater                                         compliance.             Leader), School Safety
                                               Formerly covered by the                                                                                                                                facilities should be held by
                                                                              without a permit.                                                                           Officers, Farm Managers
                                               Groundwater                                                                                                                                            responsible persons.
                                               Regulations.

                                                                                                                                                                                                  Electronic records of fuel oil
                                               Prevention of oil
                                                                                                                                                                                                  use from main grounds depot
Water Resources Act 1991 (c.                   pollution. Storage of          Maintenance of oil storage                                          Notice can be issued to
                                                                                                                                                                          Ian Walker (Grounds     store at Cochrane Park is
57), The Control of Pollution    Environment   oils above ground              facilities. Stored in a suitable      Records of oil on             take action.
                                                                                                                                                                          Manager), School Safety available from the Grounds
(Oil Storage) (England)          Agency        outside in containers          container, properly bunded and        premises, and oil used.       Prosecution and fine
                                                                                                                                                                          Officers, Farm Managers Manager's office. Farm
Regulations SI 2001/2954                       with a capacity of more        pipes must have drip trays.                                         for non-compliance.
                                                                                                                                                                                                  Managers hold their own
                                               than 200 litres.
                                                                                                                                                                                                  records.
                                                                         Stores built or substantially
                                                                         altered after March 1991 are
Water Resources (Control of
                                                                         required to meet certain                   Environment Agency            Notice can be issued to
Pollution) (Silage, Slurry and                 Storage of silage, slurry
                                 Environment                             standards in relation to siting and        carries out regular           take action.
Agricultural Fuel Oil)                         and agricultural fuel oil                                                                                                  Farm Managers
                                 Agency                                  design. The Environment Agency             inspections of agricultural   Prosecution and fine
(England) (As Amended)                         at farming sites.
                                                                         should be informed of any                  facilties.                    for non-compliance.
Regulations SI 2010/639
                                                                         planned construction or
                                                                         enlargement.


                                               Control of agricultural        Must provide a risk map of the
                                                                                                                    Records must be kept of:
                                               use of manure and              holding. Strict limits on the                                       Various penalty notices
                                                                                                                    the amount of manure /
                                               nitrogen fertilizers to        quantities of manure and nitrogen                                   and notices to take                                                                   Nafferton Farm is in a NVZ.
Nitrate Pollution Prevention     Environment                                                                        slurry produced, the                                  Farm Managers (Bill
                                               prevent nitrates entering      fertilizer that can be spread                                       action can be served.                               Bill keeps records on site.       Cockle Park is currently just outside
Regulations SI 2008/2349         Agency                                                                             storage required and the                              Taylor)
                                               waters in Nitrate              annually, and on the times of year                                  Prosecution and fine                                                                  a NVZ.
                                                                                                                    available capacity.
                                               Vulnerable Zones               when they can be spread.                                            for non-compliance.
                                               (NVZs).                        Storage requirements also apply.




760f4b59-7ff9-4887-8b8b-862228c58adb.xlsx                                                                                     Water, Groundwater & Land                                                                                                                         34
Legal Register: Biodiversity

                                                                           Controls in place / required     Authorisations,
                                             Business Activity /                                                                         Consequences of            Responsible persons
Legislation                Regulator                                       (procedures, monitoring,         licences, consents and                                                          Location of records              Notes / Training requirements
                                             Environmental Issue                                                                         non-compliance             (site contact)
                                                                           alarms etc)                      related records

                                                                           Monitor wildlife habitats on-site
                                                                           and ensure that they are not
                                             Disruption of natural
                                                                           disrupted – seek guidance from
                                             habitats, harming of
                                                                           the Local Authority if you feel                                                          Ian Walker (Grounds
                                             wildlife, removal of birds,                                                                                                                                                     Grounds staff are given training and
The Wildlife and                                                           that their location places them Licences can be obtained                                 Manager), Len Wilson
                           Environment       eggs, and nests.                                                                        Prosecution for non-                                                                    guidance; times of year to avoid pruning
Countryside Act 1981                                                       at risk of harm. Ensure that any to allow certain actions                                (Head of Capital
                           Agency            Introduction of non-native                                                              compliance.                                                                             for example. Close House used to have
Chapter 69                                                                 public footpath that passes       prohibited by this Act.                                Development), Farm
                                             plants and animals. Public                                                                                                                                                      a licence for ponds.
                                                                           within the business premises is                                                          Managers
                                             right of way crossing
                                                                           accessible to members of the
                                             business premises.
                                                                           public, and that they are able to
                                                                           pass through in safety.

                                                                                                                                                                                                                             External consultants and academics
                                                                                                            Ensure that wildlife
The Conservation                                                                                                                                                    Ian Walker (Grounds                                      from the University may carry out
                                                                           Ensure that wildlife habitats on habitats on the premises     Prosecution for non-                               Hard copy of planning
(Natural Habitats, etc.)                     Conservation of habitats                                                                                               Manager), Len Wilson                                     assessments of the site prior to build.
                           Local Authority                                 the premises are not disturbed, are mentioned when            compliance.                                        documents should be in
Regulations SI                               and protected species.                                                                                                 (Head of Capital                                         Most new build sites are replacing
                                                                           and that wildlife is not harmed. seeking planning             Imprisonment                                       individual project file.
1994/2716                                                                                                                                                           Development)                                             recently demolished buildings or are
                                                                                                            permission.
                                                                                                                                                                                                                             brownfield sites.

                                                                         Ensure that signs are clear, and
Countryside and Rights                       Public right of way through                                                                 Prosecution for non-       Sean Archer (Property
                       Local Authority                                   that members of the public can
of Way Act 2000 (c.37)                       your premises.                                                                              compliance. Fine           Manager)
                                                                         pass through safely.

                                                                       If the development meets the
                                                                       standard in schedule 1 or 2 of
                                                                       regulations then an
                                                                                                            Provision of three copies                                                       Any EIA documents should
Town and Country                             Assessing and publicising Environmental Statement (ES)
                                                                                                            of the ES to be handed to    Remedial action by         Len Wilson (Head of     be in individual project files
Planning (Environmental                      the environmental impacts must be compiled and
                                                                                                            the planning authority.      local authority if there   Capital Development),   (some documents may need
Impact Assessment)      Local Authority      of certain new            submitted to the planning
                                                                                                            Notification in writing to   is a breach of             Individual Project      to be obtained from
(England and Wales)                          developments, to aid      authority. ES must be
                                                                                                            the authority of the         planning controls          Managers                consultants - about 3 days
Regulations SI 1999/293                      planning decisions.       circulated to statutory
                                                                                                            intention to submit an ES.                                                      notice required)
                                                                       consultation bodies and made
                                                                       available to the public for
                                                                       comment.




760f4b59-7ff9-4887-8b8b-862228c58adb.xlsx                                                                                   Biodiversity                                                                                                                                35
Legal Register: Future Legislation

                                                            Controls in place / required    Authorisations,                            Responsible
                                        Business Activity /                                                          Consequences of                     Training
Legislation             Regulator                           (procedures, monitoring,        licences, consents and                     persons (site                    Notes
                                        Environmental Issue                                                          non-compliance                      requirements
                                                            alarms etc)                     related records                            contact)



                                                             Waste permits simplify the
                                                             existing waste regulations and
                                                             make them more effective.
                                                             Requires waste brokers and
Waste Controls
                        Environment     Production and       dealers to register with the                                                                               Coming in to
(England and Wales)                                                                          Transfer notes                            Daniel O'Connor
                        Agency          storage of waste     Environment Agency                                                                                         force in late 2010
Regulations 2010
                                                             set out requirements for
                                                             transfer notes
                                                             control the seizure of vehicles
                                                             by regulatory authorities.




760f4b59-7ff9-4887-8b8b-862228c58adb.xlsx                                               Future Legislation                                                                                   36

				
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