Environmental Legislation Affecting the University of Bristol by dfhrf555fcg

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									                                                                            Environmental Legislation Affecting the University of Bristol

This is a working document compiled by the Energy and Environmental Management Unit (EEMU) and will be continually updated. It lists all environmental legislation relevant to the University of Bristol and what actions
the University takes to comply with this legislation. If you have any comments or queries relating to this register please contact the EEMU on environment-office@bristol.ac.uk

The EA Enforcement Policy: Functional Guidelines can be downloaded at:
http://www.environment-agency.gov.uk/business/444217/444661/112913/?lang=_e&theme=&region=&subject=&searchfor=enforcement+and+prosecution+policy


List of acronyms
BGMSC - Biological and Genetic Modification Safety Committee
BSO - Biological Safety Officer
COPA74 - Control of Pollution Act 1974
COPR - Control of Pesticides Regulations 1986 (as amended)
COSHH - Control of Substances Hazardous to Health Regulations 1999
EA – Environment Agency
EEMU – Energy and Environmental Management Unit
EPA – Environmental Protection Act 1990
GMO – Genetically Modified Organism
HSE – Health and Safety Executive
H&SO – Health and Safety Office
IPC – Integrated Pollution Control
IPPC – Integrated Pollution Prevention and Control
LA – Local Authority
LAPC – Local Air Pollution Control
LAPPC – Local Air Pollution Prevention and Control
PPC – Pollution Prevention and Control
PPP(BC)R - The Plant Protection Products (Basic Conditions) Regulations 1997
PPPR - Plant Protection Products Regulations (1995) (as amended)
SCS - secondary containment system
WIN - Waste Incineration Directive
WIA91 – Water Industry Act 1991
WTN – Waste Transfer Note




Environmental Legislation Affecting the University of Bristol - Page 1 of 14
SUBJECT AREA         LEGISLATION          HOW THIS AFFECTS             CONTROLS IN PLACE         ROLES & DUTIES    RESPONSIBILITY    ACTIONS ARISING        Enforcement &            EA
                                           THE UNIVERSITY                                                                                                    prosecution        Enforcement
                                                                                                                                                                policy             Policy:
                                                                                                                                                                                 Functional
                                                                                                                                                                                 Guidelines
    WASTE         Environmental           Controlled wastes are        University disposes      EEMU              Unidentified    Maintain controls    Regulated by       Section 3
                  Protection Act 1990      defined in section 75 of      of its controlled        Departments                         in place              the Environment    Appendix –
                  – Part II                EPA 1990 as                   waste in an              Health and                                                Agency              table 4
                                           household, industrial         appropriate way.          Safety Office                                            Warning/ formal
                  Controlled Waste         and commerce wastes                                                                                               caution/
                  Regulations 1992 (SI    Controlled Waste                                                                                                  prosecution
                  1992/588), amended       Regulations 1992 lists
                  by Sis 1993/566,         the wastes which are to
                  1994/1056, 1995/255      be treated as controlled
                  and 1996/972             waste for the purpose
                                           of EPA 90 – Part II.
                                          The University
                                           produces controlled
                                           waste.
    WASTE         Control of Pollution    Provisions require           The University is        EEMU              Unidentified    Maintain controls    Regulated by       Section 3,
                  (Amendment) Act          carriers of controlled        exempt from              Departments                         in place              the Environment     2.13-2.14
                  1989                     waste to be registered.       registration as it is    Health and                                                Agency             Appendix –
                                          Registration authority is     transporting waste        Safety Office                                            Warning/ formal     table 4
                  Controlled Waste         the Environment               that it has produced.                                                               caution/
                  (Registration of         Agency                                                                                                            prosecution
                  Carriers and Seizure
                  of Vehicles)
                  Regulations 1991 (SI
                  1992/588), amended
                  by SIs 1992/588,
                  1996/553, 1996/972
                  and 1998/605




Environmental Legislation Affecting the University of Bristol - Page 2 of 14
SUBJECT AREA         LEGISLATION            HOW THIS AFFECTS             CONTROLS IN PLACE        ROLES & DUTIES    RESPONSIBILITY    ACTIONS ARISING         Enforcement &              EA
                                             THE UNIVERSITY                                                                                                    prosecution          Enforcement
                                                                                                                                                                  policy               Policy:
                                                                                                                                                                                     Functional
                                                                                                                                                                                     Guidelines
    WASTE         Environmental             Signed Waste Transfer        Signed Waste            EEMU              Signatory on    Maintain controls     Regulated by         Section 3,
                  Protection Act 1990        Notes (WTN) for each          Transfer Notes are      Departments        the Duty of      in place               the Environment       2.28-2.31
                  – Part II s34 imposes      load of waste that            kept by the EEMU for    Health and         Care notes      Ensure that all        Agency               Appendix –
                  a duty of care on          leaves the site is stored     at least two years.      Safety Office                       staff are aware of    Failure to            table 4
                  anyone that imports,       for two years                Appropriate                                                  their                  correctly
                  produces carries,         Ensure that all waste is      containers are                                               responsibilities       complete WTN
                  keeps treats or            stored securely, kept in      provided for the                                             under the Duty of      will normally
                  disposes of controlled     suitable labelled             storage of waste                                             Care Regulations.      result in warning
                  waste.                     containers at all times      The EEMU ensures                                                                    letter followed
                                             in order to prevent any       that the waste is                                                                   by caution.
                  Environmental              escape, and ensure the        collected by                                                                        Prosecution is
                  Protection (Duty of        correct segregation of        authorised                                                                          the normal
                  Care) Regulations          waste types.                  companies holding                                                                   response
                  1991 (SI 1991/2839)       Store liquid wastes on        the necessary                                                                       following repeat
                  as amended by SI           impervious surfaces           licences.                                                                           offences.
                  1996/972                   that are preferably          H&S Office visit and
                                             bunded or drained to a        inspect contractor’s
                                             sealed pit capable of         sites where
                                             containing the contents       practicable
                                             of the storage
                                             containers.
                                            Ensure that the transfer
                                             is only to an authorised
                                             person for authorised
                                             transport purposes.
                                            Fire Brigade
                                             authorisation/Licensing
                                             of ‘Petroleum Stores’




Environmental Legislation Affecting the University of Bristol - Page 3 of 14
SUBJECT AREA         LEGISLATION            HOW THIS AFFECTS              CONTROLS IN PLACE         ROLES & DUTIES      RESPONSIBILITY    ACTIONS ARISING        Enforcement &            EA
                                             THE UNIVERSITY                                                                                                       prosecution        Enforcement
                                                                                                                                                                     policy             Policy:
                                                                                                                                                                                      Functional
                                                                                                                                                                                      Guidelines
    WASTE         Environmental             Disposal of Special           Appropriate              EEMU                Director of     Maintain controls    Regulated by       Section 3,
                  Protection Act 1990        Waste as defined by            containers are           Health & Safety      Health and       in place              the Environment     2.21-2.26
                  – Part II s62 provides     the regulations -              provided to all           Office               Safety          Ensure procedures     Agency             Appendix –
                  for controls to be         includes fridges,              special waste to be      Departments         Signatory on     are in place to      Warning/ formal     table 4
                  introduced for special     freezers.                      segregated correctly.                          consignment      dispose of waste      caution/
                  waste.                    Never mix different           The EEMU ensures                               note.            that will become      prosecution
                                             special wastes                 that some of the                                                Hazardous Waste
                  Special Waste              together, or special and       waste is collected by                                           under the new
                  Regulations 1996 (SI       non-special waste              authorised                                                      requirements
                  1996/972) as              For those special              companies holding                                               (European Waste
                  amended by Sis             wastes that do arise,          the necessary                                                   Catalogue) –
                  1996/2019 and              ensure that they are           licences.                                                       includes CRT
                  1997/251                   transported by                The H&S Office                                                  monitors.
                                             registered waste               carries out the bulk
                                             carriers who remove            of Special Waste
                                             the waste to facilities        (Chemicals/lab
                                             which hold a suitable          smalls/bulk solvents)
                                             permit to accept those         administration
                                             wastes in accordance          University procedure
                                             with waste                     for the disposal of
                                             management licensing           fridges and freezers
                                             obligations.                   and fluorescent
                                            Procedure for the              tubes
                                             transfer of special
                                             waste including
                                             consignment note,
                                             unique coding and pre-
                                             notification
                                             requirements.
                                             Consignment notes
                                             must be kept for 3
                                             years.
    WASTE         Waste Management          Prescribes what               The University holds     EEMU                Unidentified    Maintain controls    Regulated by       Section 3,
                  Licensing                  constitutes directive          the necessary            Division of                           in place              the Environment     1.1-1.9 (non-
                  Regulations 1994           waste and therefore            authorisation to          Veterinary                           Implement             Agency              criminal)
                                             constitutes the basic          operate the               Pathology,                            procedure for        Enforcement        Section 3,
                                             legal definitions of           incinerators at           Immunology and                        existing              Notice              2.13-2.14
                                             waste in the UK.               Langford and              Infection,                            incinerators in      Prosecution or      (criminal)
                                            Ensure that the                Southwell St.             Langford                              relation to new       formal caution     Appendix –
                                             appropriate licence is                                                                         legislation                               table 4
                                             obtained for the final
                                             disposal of waste
                                             carried out on site – i.e.
                                             by incineration
                                            Comply with the
                                             conditions of the
                                             licence



Environmental Legislation Affecting the University of Bristol - Page 4 of 14
SUBJECT AREA         LEGISLATION            HOW THIS AFFECTS            CONTROLS IN PLACE        ROLES & DUTIES        RESPONSIBILITY    ACTIONS ARISING        Enforcement &              EA
                                             THE UNIVERSITY                                                                                                      prosecution          Enforcement
                                                                                                                                                                    policy               Policy:
                                                                                                                                                                                       Functional
                                                                                                                                                                                       Guidelines
  POLLUTION       Pollution Prevention      Prescribed processed        The University holds    EEMU                  Unidentified    Maintain controls    Regulated by         Section4, 1.1-
 PREVENTION       and Control                must be authorised to        the necessary           Building Services                       in place              the Environment       1.5 (non-
AND CONTROL       (England and Wales)        operate.                     authorisation to        School of                              Implement             Agency                criminal)
                  Regulations 2000.         Comply with all the          operate the              Veterinary                              procedure for        Enforcement          Section 4,
                                             conditions contained in      incinerators at          Science                                 existing              Notice/Prohibitio     2.1-2.7
                  Environmental              the authorisation to         Langford and            Division of                             incinerators in       n Notice              (criminal)
                  Protection Act 1990        operate Part B               Southwell St.            Veterinary                              relation to new      Prosecution or       Appendix –
                  – Part 1                   processes -                                          Pathology,                              legislation           formal caution        tables 5 & 6
                                             incinerators at Langford                              Immunology and                                                                     LAPC is
                  The Integrated             and Southwell St.                                     Infection,                                                                          regulated by
                  Pollution Control         The University does not                               Langford                                                                            the Local
                  Regime (IPC) and           operate Part A                                                                                                                            Authority
                  Local Air Pollution        processes.
                  Control (LAPC) is         Discharges to sewer
                  progressively being        from IPPC/IPC process
                  replaced by                are subject to both
                  Integrated Pollution       authorisation from the
                  Prevention and             Environment Agency
                  Control (IPPC) &           and Sewerage
                  Local Air Pollution        Undertaker.
                  Prevention & Control
                  (LAPPC). All
                  installations are due
                  to be brought within
                  IPPC by 2007. Until
                  they reach the
                  relevant cross over
                  time they will be
                  subject to the current
                  system under the
                  EPA 1990.




Environmental Legislation Affecting the University of Bristol - Page 5 of 14
SUBJECT AREA         LEGISLATION            HOW THIS AFFECTS            CONTROLS IN PLACE        ROLES & DUTIES        RESPONSIBILITY    ACTIONS ARISING          Enforcement &              EA
                                             THE UNIVERSITY                                                                                                        prosecution          Enforcement
                                                                                                                                                                      policy               Policy:
                                                                                                                                                                                         Functional
                                                                                                                                                                                         Guidelines
  POLLUTION       Waste Incineration        Stringent operating         The University holds    EEMU                  Unidentified    Investigate                                  Section4, 1.1-
 PREVENTION       (England and Wales)        conditions and               the necessary           Building Services                       whether the            Regulated by          1.5 (non-
AND CONTROL       Regulations 2002.          minimum technical            authorisation to        School of                               University’s            the Environment       criminal)
                  (The Waste                 requirements are set         operate the              Veterinary                              incinerators are        Agency               Section 4,
                  Incineration Directive     for waste incineration       incinerators at          Science                                 classified as          Enforcement           2.1-2.7
                  (WID) is being             and co-incineration.         Langford and            Division of                             exempt plants.          Notice/Prohibitio     (criminal)
                  implemented primarily     Operators of                 Southwell St.            Veterinary                             If incinerators are     n Notice             Appendix –
                  via the IPC and PPC        incineration or co-         Monitoring and           Pathology,                              not exempt, apply      Prosecution or        tables 5 & 6
                  regimes.)                  incineration plants need     inspection               Immunology and                          to our                  formal caution
                                             to apply for a permit.       programmes               Infection,                              Environmental
                                             The application will                                  Langford                                Regulator between
                                             need to show that:                                                                            1st January and
                                                o    the heat                                                                              31st March 2005
                                                     generated by                                                                          for the conditions
                                                     the plant is                                                                          of the
                                                     recovered as far                                                                      permit/authorisatio
                                                     as practical;                                                                         n to be changed or
                                                o    the residues are                                                                      for a new permit to
                                                     minimised and                                                                         be issued, to give
                                                     recycled where                                                                        effect to the WID
                                                     appropriate;                                                                          technical
                                                o    disposal of                                                                           Regulations.
                                                     residues is                                                                          Investigate what
                                                     carried out in                                                                        monitoring and
                                                     accordance with                                                                       inspection
                                                     the relevant                                                                          programmes are
                                                     legislation.                                                                          undertaken
                                            Limits imposed on air
                                             emissions (in particular
                                             for dust, sulphur
                                             dioxide, nitrogen oxides
                                             and heavy metals).
                                             Water discharges from
                                             the cleaning of exhaust
                                             gases require a permit.




Environmental Legislation Affecting the University of Bristol - Page 6 of 14
SUBJECT AREA         LEGISLATION          HOW THIS AFFECTS             CONTROLS IN PLACE          ROLES & DUTIES      RESPONSIBILITY    ACTIONS ARISING            Enforcement &            EA
                                           THE UNIVERSITY                                                                                                           prosecution        Enforcement
                                                                                                                                                                       policy            Policy:
                                                                                                                                                                                        Functional
                                                                                                                                                                                        Guidelines
  OZONE           European Council        Comply with your Duty        Procedure                 EEMU                Unidentified    Maintain controls        Regulated by       N/A
DEPLETING         Regulation No.           of Care for waste when        implemented for the       Departments                           in place                  the Environment
SUNSTANCE         2037/2000 on             disposing of equipment        disposal of fridges,                                            Ensure that all           Agency
    S             Substances that          containing ozone-             freezers and other                                               equipment
                  Deplete the Ozone        depleting substances.         equipment                                                        containing these
                  Layer (as amended).     Ensure that all               containing refrigerant                                           substances is
                                           equipment containing          and insulating                                                   properly serviced.
                  Environmental            these substances is           material (foam)
                  Protection (Controls     properly serviced to
                  on Ozone-Depleting       prevent the occurrence
                  Substances)              of any leakage.
                  Regulations 2002
CONTAMINATED      Environmental           Sets out the measures        Standard procedures       Bursar’s Office     Unidentified    Maintain controls        Regulated by       N/A
    LAND          Protection Act 1990      for dealing with              to prevent polluting                                               in place                Local Authority
                  – Part II as amended     contaminated land. If         substances from
                  by the Environment       land is contaminated to       entering the land
                                                                                                                                           Identify whether
                  Act 1995 (EA95) –                                                                                                         the land is
                                           the extent that it meets
                                                                                                                                            currently affected
                  Part II                  the definition of
                                                                                                                                            by contamination.
                                           contaminated land set
                  Contaminated Land        out in the legislation,                                                                         Take action to deal
                  [England]                then the Local Authority                                                                         with any
                  Regulations 2000 [SI     is required to identify                                                                          contamination
                  2000/227]                who is responsible,                                                                              found.
                                           what needs to be done                                                                           Ensure that land
                                           by way of remediation,                                                                           purchased in the
                                           and serve notices on                                                                             future does not
                                           those persons to carry                                                                           meet the definition
                                           out the work.                                                                                    of contaminated
                                          This legislation could                                                                           land.
                                           affect the University as
                                           a result of both past
                                           and current activities on
                                           the land in question.




Environmental Legislation Affecting the University of Bristol - Page 7 of 14
SUBJECT AREA         LEGISLATION          HOW THIS AFFECTS             CONTROLS IN PLACE       ROLES & DUTIES        RESPONSIBILITY    ACTIONS ARISING          Enforcement &            EA
                                           THE UNIVERSITY                                                                                                        prosecution        Enforcement
                                                                                                                                                                    policy             Policy:
                                                                                                                                                                                     Functional
                                                                                                                                                                                     Guidelines
   WATER          Control of Pollution    Applies where storage              Unidentified     EEMU                  Unidentified    Investigate how oil    Regulated by       Section 2,
   QUALITY        (Oil Storage)            of oil occurs in                                     Building Services                       is stored and           the Environment     1.7-1.8 (non-
                  (England)                containers with a                                                                             implement               Agency              criminal)
                  Regulations 2001         capacity of at least 200                                                                      remedial action        Notice             Section 2,
                                           litres (3,500 litres for                                                                      where necessary        Formal              2.23
                                           domestic storage). Do                                                                                                 caution/prosecu     (criminal)
                                           not apply to a container                                                                                              tion
                                           situated within a
                                           building or wholly under
                                           ground.
                                          The oil container must
                                           be of sufficient strength
                                           and structural integrity
                                           to ensure that it is
                                           unlikely to burst or leak
                                           in its ordinary use.
                                          The container must be
                                           situated within a
                                           secondary containment
                                           system (SCS) which
                                           will prevent the release
                                           of oil that has escaped
                                           from its container.
                                          Prescribed controls
                                           must be present on
                                           tanks to prevent
                                           leakage.
   WATER          Water Resources         Never allow or cause         Store and handle       Departments           Unidentified    Maintain controls      Regulated by       Section 2,
   QUALITY        Act 1991                 any poisonous, noxious        raw materials,                                                  in place                the Environment     1.1-18 (non-
                                           or polluting substances       wastes, chemicals                                                                       Agency              criminal)
                                           to enter controlled           and fuels in a                                                                         Enforcement        Section 2,
                                           waters without having         responsible way, so                                                                     Notice              2.1-2.15
                                           obtained first a              that they cannot                                                                       Prosecution/        (criminal)
                                           discharge consent to          enter controlled                                                                        formal caution/
                                           do so from the                waters.                                                                                 warning
                                           environmental
                                           Regulator.




Environmental Legislation Affecting the University of Bristol - Page 8 of 14
SUBJECT AREA         LEGISLATION          HOW THIS AFFECTS             CONTROLS IN PLACE         ROLES & DUTIES        RESPONSIBILITY    ACTIONS ARISING        Enforcement &              EA
                                           THE UNIVERSITY                                                                                                        prosecution          Enforcement
                                                                                                                                                                    policy               Policy:
                                                                                                                                                                                       Functional
                                                                                                                                                                                       Guidelines
   WATER          Water Industry Act      Trade effluent may only      Consent obtained         EEMU                  Unidentified    Maintain controls    Regulated by         Section 2,
   QUALITY        1991 – Part IV           be discharged into a         Responsible person       Departments                             in place              the Environment       1.1-18 (non-
                                           public sewer with the         must inform and                                                                         Agency                criminal)
                  Trade Effluents          consent and agreement         instruct departments                                                                   Enforcement          Section 2,
                  (Prescribed              of the relevant               accordingly                                                                             Notice                2.1-2.15
                  Processes and            sewerage undertaker.         Sampling/analysis by                                                                   Prosecution/          (criminal)
                  Substances)             Prescribe the                 Wessex Water                                                                            formal caution/
                  Regulations 1989 (SI     substances and               Review results of                                                                       warning
                  1989/1156) as            processes which are           external
                  amended by Sis           treated as ‘special           (enforcement)
                  1990/1629 and            category effluent’ under      sampling /analysis
                  1992/339                 WIA91. Require referral
                                           to Environment Agency
   WATER          Water Abstraction &     Ensure that the              Standard procedures      Building Services     Unidentified    Maintain controls    Regulated by         Section 2,
   QUALITY        Use                      installation of all water     for meeting specified
                                           meet specified criteria,      criteria and
                                                                                                  Project Office                          in place                the Environment       1.1-18 (non-
                                                                                                                                                                   Agency                criminal)
                                           e.g. are BS approved,         regulations
                                           and the requirements of
                                                                                                                                                                  Enforcement          Section 2,
                                                                                                                                                                   Notice                2.1-2.15
                                           these regulations.
                                          Ensure that all water                                                                                                  Prosecution/          (criminal)
                                           fittings are installed,                                                                                                 formal caution/      Appendix
                                           connected, altered,                                                                                                     warning               table 11
                                           repaired and
                                           disconnected in
                                           accordance with the
                                           regulations.
                                          Lead pipes and fittings
                                           are prohibited.
  STATUTORY       Environmental           Nuisances (noise,            Take any and all         University            Unidentified    Maintain controls    Local                N/A
   NUISANCE       Protection Act 1990      smoke, fumes, gas,            reasonable steps to      University Union                        in place              Authorities can
                  – Part III as            dust, steam, odours,          prevent a nuisance                                                                      serve an
                  amended by the           deposits and                  occurring or to                                                                         abatement
                  Noise and Statutory      accumulations of refuse       minimise it if it is                                                                    notice.
                  Nuisance Act 1993        and material) that affect     unavoidable.                                                                           Local
                                           or may affect the health     Monitor as                                                                              Authorities can
                  Control of Pollution     of, and infringe upon,        necessary                                                                               serve notices
                  Act 1974 (COPA74) –      people in the locality or    React                                                                                   setting out the
                  Part III                 that interfere with a         sympathetically to                                                                      requirements on
                                           person's legitimate use       complaints                                                                              how
                                           of land                                                                                                               construction
                                          Control of noise from                                                                                                 works are to be
                                           construction sites                                                                                                    carried out.
   BUILDING       Building                Ensure that all new          Standard procedures      Project Office        Unidentified    Maintain controls    Regulated by         N/A
    DESIGN        Regulations 2000         buildings and                 for seeking Building
                                           refurbishments comply         Regulations approval
                                                                                                  Building Services                       in place                Local Authority
                  Building                 with the Building
                  (Amendment)              Regulations
                  Regulations 2001

Environmental Legislation Affecting the University of Bristol - Page 9 of 14
SUBJECT AREA        LEGISLATION          HOW THIS AFFECTS             CONTROLS IN PLACE        ROLES & DUTIES        RESPONSIBILITY    ACTIONS ARISING        Enforcement &            EA
                                          THE UNIVERSITY                                                                                                       prosecution        Enforcement
                                                                                                                                                                  policy             Policy:
                                                                                                                                                                                   Functional
                                                                                                                                                                                   Guidelines
 RADIOACTIVE     Radioactive             Any person who keeps         Standard procedures     Radiation             University      Maintain controls    Regulated by       Section 6,
  MATERIALS      Substances Act           or uses radioactive           for obtaining            Protection             (Council and     in place              the Department      1.1-1.6 (non-
                 1993                     material on premises          registration and the     Advisor (Health        Vice-                                  for Transport       criminal)
                                          used for the purposes         handling and             and Safety             Chancellor)                            (DfT)              Section 6,
                 Radioactive material     of an undertaking must        disposal of              Office)                                                      Enforcement         2.1-2.8 (non-
                 (Road Transport)         either be registered or       radioactive             Departments                                                   Notice              criminal)
                 Regulations 2002 (SI     subject to an                 substances                                                                            Prosecution or     Appendix –
                 2002/1093)               exemption.                   Departmental audits                                                                    formal caution      table 7
                                         Ensure any radioactive        by the Radiation
                                          materials or wastes are       Protection Advisor
                                          disposed of safely.
                                         Required to have an
                                          ‘Authorisation of
                                          accumulation and
                                          disposal of radioactive
                                          material’
                                         Required to be
                                          registered as a user of
                                          open and sealed
                                          radioactive materials
   NATURE        Wildlife and            Protection of animals        Complies with Tree      Grounds               Unidentified    Maintain controls    Regulated by       N/A
CONSERVATION     Countryside Act          and plants                    Preservation Orders      Services                                in place              Local Authority
                 1981                    Nature conservation
                                          and habitat protection
  PLANNING       Town and Country        Planning and                 Planning permission     Building Services     Unidentified    Maintain controls    Regulated by       N/A
                 Planning Act 1990        development control           obtained where          Project Office                          in place              the LA
                 (TCPA90) as              process in England and        appropriate
                 amended by               Wales                        Listed building
                 Planning and            Developer’s of listed         consent obtained
                 Compensation Act         buildings must obtain a       where appropriate
                 1991                     listed building consent
                                          to demolish or alter a
                 Planning (Listed         listed building’s
                 Buildings and            character
                 Conservation Areas)     Requires facilities using
                 Act 1990                 or storing hazardous
                                          substances at or above
                 Planning                 specified quantities to
                 (Hazardous               obtain consent from
                 Substances) Act          hazardous substances
                 1990                     authority
                                         Certain development
                 Town and Country         projects must
                 Planning                 undertake an
                 (Environmental           assessment of the
                 Impact Assessment)       environmental effects
                 (England and Wales)      as part of the planning
                 Regulations 1999 (SI     application procedure.
                 1999/293)
Environmental Legislation Affecting the University of Bristol - Page 10 of 14
SUBJECT AREA        LEGISLATION         HOW THIS AFFECTS         CONTROLS IN PLACE         ROLES & DUTIES    RESPONSIBILITY    ACTIONS ARISING        Enforcement &         EA
                                         THE UNIVERSITY                                                                                                prosecution     Enforcement
                                                                                                                                                          policy         Policy:
                                                                                                                                                                        Functional
                                                                                                                                                                        Guidelines
 HAZARDOUS       Control of             Required to control      COSHH                    Health and        Unidentified    Maintain controls    Regulated by    N/A
 SUBSTANCES      Substances              exposure to hazardous     assessments are           Safety Office                       in place              HSE
                 Hazardous to Health     substances to protect     conducted to identify     (advice and                        Audit actions
                 Regulations 1999 –      employees and others      and evaluate any          training)                           imposed upon
                 COSHH (SI1999/437)      who may be exposed        risks.                   Departments                         Heads of
                                         from work activities     Precautions taken to                                          Department
                                                                   prevent people from
                                                                   being exposed to
                                                                   hazardous
                                                                   substances, but
                                                                   where this is not
                                                                   reasonably
                                                                   practicable, to
                                                                   control the exposure.
                                                                  Plans and
                                                                   procedures to deal
                                                                   with accidents,
                                                                   incidents and
                                                                   emergencies
                                                                  1 or 2-yearly
                                                                   departmental audit
                                                                   by H&SO




Environmental Legislation Affecting the University of Bristol - Page 11 of 14
SUBJECT AREA        LEGISLATION          HOW THIS AFFECTS            CONTROLS IN PLACE         ROLES & DUTIES         RESPONSIBILITY        ACTIONS ARISING    Enforcement &         EA
                                          THE UNIVERSITY                                                                                                        prosecution     Enforcement
                                                                                                                                                                   policy         Policy:
                                                                                                                                                                                 Functional
                                                                                                                                                                                 Guidelines
 GENETICALLY     Genetically Modified    risk assessment;            The Biological and       Health and             A principal         None             Regulated by    N/A
   MODIFIED      Organisms               establishment of a           Genetic Modification      Safety Office           investigator is                        the HSE
  ORGANISMS      (Contained Use)          local Genetic                Safety Committee          through safety          the initiator of
                 Regulations 2000 (SI     Modification Safety          (BGMSC) is a sub-         audits                  a project and is
                 2000/2831).              Committee;                   committee of the         Departments -           the named
                                         notification to the          University Safety         No-one may              applicant on
                                          Competent Authorities        Consultative              commence work           the original
                                          (via HSE acting as a         Committee. The            involving genetic       Project
                                          post box) of all             BGMSC is                  modification, use       Application.
                                          premises where GMOs          responsible for all       and storage of          This person
                                          are used;                    aspects of biological     recombinant             will usually be
                                         notification to the          safety within the         organisms, or           a permanent
                                          Competent Authorities        University including      introduction of         member of
                                          via HSE of activities of     genetic modification,     recombinant             staff and is
                                          low, medium or high          microbial pathogens,      organisms into          directly
                                          risk; application of         the use of animals,       the environment         responsible
                                          suitable containment         etc.                      without first           and
                                          and control.                Health and Safety         consulting with         answerable at
                                                                       Office – Biological       the BSO and             all times to the
                                                                       Safety and Genetic        registering with        BSO for the
                                                                       Modification Code of      the Safety Office,      safe execution
                                                                       Practice.                 and no project          of the work in
                                                                                                 involving such          progress.
                                                                                                 work may be
                                                                                                 started until
                                                                                                 explicit
                                                                                                 authorisation
                                                                                                 from the BGMSC
                                                                                                 has been
                                                                                                 obtained.




Environmental Legislation Affecting the University of Bristol - Page 12 of 14
SUBJECT AREA        LEGISLATION          HOW THIS AFFECTS             CONTROLS IN PLACE         ROLES & DUTIES        RESPONSIBILITY    ACTIONS ARISING          Enforcement &            EA
                                          THE UNIVERSITY                                                                                                          prosecution        Enforcement
                                                                                                                                                                     policy            Policy:
                                                                                                                                                                                      Functional
                                                                                                                                                                                      Guidelines
  BIOCIDES &     Control of              The Plant Protection         May be examined at       Departments           Unidentified    Investigate how        Regulated by       N/A
    PLANT        Pesticides               Products (Basic               1 or 2-yearly            Grounds                                 biocides &              the HSE and
 PROTECTION      Regulations 1986         Conditions)                   departmental Audits       Services                                products are            Local Authority
  PRODUCTS       (as amended)             Regulations 1997                                                                                stored and used &       Environmental
                 (COPR)                   (PPP(BC)R), set out                                                                             implement               Health
                                          the general conditions                                                                          remedial action         Department.
                 Plant Protection         for use of plant                                                                                where necessary
                 Products                 protection products and
                 Regulations (1995)       together with PPPR
                 (as amended)             align the requirements
                 (PPPR)                   of plant protection
                                          legislation with those of
                 The Plant Protection     COPR.
                 Products (Basic         The regulations define
                 Conditions)              how to store, supply,
                 Regulations 1997         advertise, sell or use
                 (PPP(BC)R)               pesticides, plant
                                          protection products and
                                          biocidal products (pest
                                          control products).
 INFORMATION     Environmental           Allows people to             Procedure for            All environmental     Secretary’s     Further investigate    Information        N/A
                 Information              request environmental         dealing with requests     information, as        Office           what actions must       Commissioners
                 Regulations 2004         information from public       to be established.        requested, must       EEMU             be taken when a         Office
                 (Came into force on      authorities and those                                   be made                                 request is
                 1 January 2005)          bodies carrying out a                                   available by the                        received.
                                          public function,                                        University, as                         Define
                                          including universities.                                 soon as possible                        ‘environmental
                                         Any request for                                         and at least                            information’ and
                                          information held by/on                                  within 20 working                       exemptions.
                                          behalf of the University                                days, although
                                          is technically an FOI                                   for very complex
                                          request in the first                                    requests 40 days.
                                          instance. Section 39 of
                                          the Freedom of
                                          Information Act 2000
                                          (FOI) then exempts
                                          environmental
                                          information from being
                                          dealt with under the
                                          FOI Act and provides it
                                          should be dealt with
                                          under the
                                          Environmental
                                          Information Regulations
                                          2004.




Environmental Legislation Affecting the University of Bristol - Page 13 of 14
PIPELINE LEGISLATION
        LEGISLATION                                TIMESCALE                           HOW THIS MAY AFFECT THE UNIVERSITY*                     ROLES &        RESPONSIBILITY           ACTIONS ARISING
                                                                                                                                                DUTIES
Hazardous Waste Regulations           Coming into force July 2005. Provision        Sites that produce Hazardous Waste will have             EEMU            Unidentified        Devise University policy for
(will replace the Special Waste       of site notification 1 April 2005 to           to register annually with the EA.                        Hazardous                             disposal of hazardous
Regulations 1996)                     facilitate transition.                        Hazardous Waste will be defined within the                Waste                                 waste.
List of Wastes Regulations                                                           European Waste Catalogue.                                 Working
                                                                                    Quarterly consignee returns.                              Group
Waste Electrical and Electronic       The Directive is due to be brought into       The University can conclude agreements                   EEMU            Unidentified        Implement procedures to
Equipment Directive (WEEE)            force in the UK by 13 August 2004.             stipulating the finance arrangements for the                                                    comply with directive
                                                                                     take back and treatment of WEEE.                                                                before it is brought into
                                                                                    Under Article 5.2 (b) distributors are responsible                                              force.
                                                                                     for ensuring WEEE can be returned free of
                                                                                     charge on a one to one basis when they are
                                                                                     supplying a new product to a domestic user.
                                                                                     Interpreted literally this means that if a
                                                                                     university sells a student a computer the
                                                                                     university may be obligated to take the student’s
                                                                                     old computer off his hands free of charge.
EC Directive on the Energy            Member States must implement the              Methodology for calculating the energy                   EEMU            Unidentified        Implement procedures to
Performance of Buildings              Directive by 4 January 2006. There is            performance of buildings.                                                                     comply with directive
                                      an additional 3-year period to allow                                                                                                           before it is brought into
                                      Member States to apply the provisions
                                                                                      Application of minimum energy performance
                                                                                                                                                                                     force.
                                                                                       standards on new and certain existing buildings
                                      of Articles 7, Energy Performance
                                                                                       when renovated
                                      Certificates, Article 8 Inspection of
                                      Boilers and Article 9 Inspection of Air         Certification schemes for all buildings
                                      Conditioning Systems.                           Regular inspection and assessment of
                                                                                       boilers/heating and cooling installations.



    * Please note that until the UK has transposed the Directive into UK Law and the Regulations are available, this cannot be answered with any certainty.




                                                                                                                                                                                                    Joanna Simpson
                                                                                                                                                                         Assistant Energy and Environmental Manager




Environmental Legislation Affecting the University of Bristol - Page 14 of 14

								
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