Safety at Work 6E Episode 17 pot

The Water Services Companies are themselves subject to controls in theform of consents issued by the Environment Agency to control the releasefrom the treatment works to controlled water

EMERGENCY SPILLAGE PROCEDURE

Names (and telephone numbers) of staff members trained to respond to an

emergency spill:

Response Procedure:

1 Notify one of the above persons.

2 Locate the Safety Data Sheets for the spilled material.

3 Review the information given on potential risks to health, safety and the

environment.

4 Put on the recommended personal protective equipment.

5 Locate the spill response supplies and equipment.

6 Isolate all near-by drains with absorbent containment materials or other

measures.

7 Stop the leak or spill e.g turn off the valve, stand up a knocked over container etc.

8 Isolate the spill with containment materials.

9 Absorb spilled liquid chemicals with absorbent material or a wet vacuum

cleaner.

10 Spills of dry materials must be swept up and not washed to the drain.

11 Place the contaminated absorbent material in a container suitable for storage on-site and transportation off-site Consideration should be given as to whether

it is hazardous waste or not.

12 Wash any equipment or floors so that no traces of the chemical remain.

13 Absorb the wash water and place it in the same container with the

contaminated absorbent materials.

14 Label the container with the appropriate workplace and shipping labels.

15 Notify the manager and fill out the incident report form.

16 Send a copy of the report to the manager for evaluation so that measures can

be put in place to prevent a recurrence of the incident.

If the spill reached the drainage system which exits the site, call the Water Service Company, or Environment Agency if appropriate (for spills into the surface water drains), immediately to report it Identify the drains clearly and the drainage route the contaminant followed from the spill to the site perimeter.

Trade effluent, which is fully defined in the Water Industry Act 199123,

is a liquid that is produced in the course of any trade or industry on tradepremises It does not include domestic sewage or other domestic liquidwaste Waste materials classified as hazardous under the special wasteregime may be discharged subject to agreement with the Water ServiceProvider It is an offence to discharge trade effluent without the formalconsent of the Water Services Companies or when in breach of anycondition of such a consent

Figure 5.3.4 Outline emergency procedure for loss of containment (spillage) of waste

materials

The Urban Wastewater Treatment Regulations 199424 requires WaterServices Companies to exercise their powers under the Water IndustryAct 1991 and to write conditions into trade effluent consents andagreements to control trade effluents, either alone or in combination withother wastes.

Controls on trade effluents are necessary to prevent them causing:

 Corrosion of the material of construction of the sewer, especiallyconcrete pipes and mortar joints

 Blockage or hydraulic overloading of sewers leading to foul flooding

of property or pollution of watercourses via network overflows

 The formation of explosive, flammable or poisonous gases in thesewerage system which may be prejudicial to the health of personnelmaintaining the sewerage system or the cause of danger or a nuisance

to adjoining properties

In addition, the treatment works must be protected to ensure that:

 The available plant can treat the sewage arriving at the workseffectively and economically

 Damage does not occur to the structure of the works or to mechanical,electrical and instrumentation equipment

 Personnel employed in the operation of the treatment works are notharmed

 Biological treatment processes are not poisoned or inhibited by toxicsubstances

 Sewage treatment works effluent does not adversely affect theenvironment or prevent receiving water from complying with Euro-pean Union Directives

 Sewage sludge can be re-cycled or disposed of safely in anotherenvironmentally acceptable manner

The Water Services Companies are themselves subject to controls in theform of consents issued by the Environment Agency to control the releasefrom the treatment works to controlled waters of effluent and sludgesproduced in the sewage purification process

Many chemicals will be completely degraded into harmless naturalproducts in the sewage purification process Their concentrations atdischarge need not usually be limited as long as the local seweragesystem and associated sewage treatment works provide adequatedilution Advice will be given by the relevant Water Services Companies

on request However, certain constituents of effluent will be subject tospecific controls, for example:

 acidity – to prevent corrosion of concrete pipes

 ammonia – to control toxicity and nuisance in sewers, also toxicity andoxygen demand in receiving waters

 heavy metals – to control toxicity

 sulphates and sulphides – to prevent corrosion of pipes and controlnuisance

 excessive oxygen demand – to prevent stagnation effect in sewers andoverload of the treatment process.

The trade effluent consents issued by Water Services Companies willusually contain the following requirements:

1 No trade effluent shall be discharged having a pH < 6.0 or > 10.0

2 Trade effluent shall not contain:

 Sulphides, hydrosulphides, polysulphides and substances producinghydrogen sulphide on acidification in excess of 1.0 mg/l

 Sulphates as SO4in excess of 1000 mg/l

 Toxic metals in excess of 5 mg/l either individually or in total, e.g.antimony, arsenic, beryllium, chromium, copper, lead, nickel, sele-nium, tin, vanadium and zinc

 Cyanides and cyanogen compounds, which produce hydrogen ide on acidification in excess of 1.0 mg/l

cyan- Total suspended solids at pH 7.0 and dried at 110°C in excess of

The Water Services Companies are empowered to charge for theservices they provide Companies who discharge trade effluent into thesewage system are generally charged by the Water Services Company forthe reception, conveyance, treatment and disposal of the trade effluent.Charges may be levied in three ways:

1 A ‘Charges scheme’ whereby a fixed charge is levied for the servicesprovided

2 An independent charging agreement between the Water ServiceCompany and the discharger

3 As a condition of the trade effluent licence where charges are calculatedaccording to the ‘Mogden formula’

Trade effluent charges – Mogden Formula

All Water Services Companies use a Mogden-type formula to chargefor trade effluents The basic Mogden formula is:

C = R + V + Ot B + St S

Where:

C = total charge per cubic metre of trade effluent

R = reception and conveyance charge

V = volumetric and primary treatment cost

Ot = the chemical oxygen demand (COD) of the trade effluent

Os = the average COD of settled sewage for the region

B = biological oxidation cost

St = the suspended solids in the trade effluent

Ss = the average suspended solids in crude sewage for the region

S = treatment and disposal costs of primary sludge

The purpose of the formula is to match as closely as possible the tradeeffluent charge to the cost of providing the services of reception andconveyance of the trade effluent and its subsequent biological oxidationand sludge treatment and disposal

The four unit costs (R, V, B and S) together with the COD and solids

content of sewage are fixed annually in advance by the Water ServicesCompanies The only remaining variable in the formula is the volume oftrade effluent actually discharged that should be determined from thewater meter for the incoming supply or the submeter to the process Theuse of standard strength will ensure consistency within the area covered byeach Water Services Company There will still be regional differences incharging owing to different tariffs between the Water Services Companies

An extra charge may be made depending on local circumstances

There are cost-effective on-site treatments to reduce the strength of aneffluent leaving the premises to the public sewer Together with waterrecycling and chemical management systems, operators can reduce theoverall cost of their effluent Water recycling systems in particular offer alarge reduction in water usage (often in excess of 90%), as well as savings

on water heating costs and reduction of emergency water storage From awater and energy conservation viewpoint, their use is to be supported.However, it must be realised that the trade effluent concentration is likely

to be radically altered making the waste more concentrated and possiblymore hazardous to handle and transport Consequently it may benecessary to have much of the trade effluent taken off-site for treatment inorder to meet discharge consent levels Anyone considering installation of

a water-recycling unit is advised to discuss the matter with their localWater Services Companies

5.3.6.5 Step 5: Managing wastes off-site

The waste producer’s duties and responsibilities in law do not cease oncethe waste has been transferred off-site as he maintains a sharedresponsibility through to its final treatment or disposal There are a number

of matters to address as preparations are made to remove the waste fromthe premises depending on the type of waste being transferred and its finaldestination These considerations are covered by:

 Duty of Care requirements relating to contractor selection and theprovision of appropriate information

 An alternative regime for the control of hazardous wastes covered bythe Special Waste Regulations 1996

 The system to follow if wastes are to be exported from the UK

5.3.6.5.1 The Duty of Care

The Duty of Care applies to all holders of the waste from the producer tothe waste manager of the final disposal operation Duty of Careresponsibilities for off-site waste transfer are covered by the followingstatements in the regulations

 On the transfer of waste, to secure that the transfer is only to an authorised person or to a person for authorised transport purposes

The waste producer or holder should ensure that waste is onlytransferred to an authorised person such as a Waste Collection Authority(WCA) or a Waste Disposal Authority in Scotland, a holder of a wastemanagement licence (or someone who is exempt from holding a licence)

or a registered carrier of controlled waste (or someone who is exemptfrom registration) Details of carrier’s requirements are set out in theControlled Waste (Registration of Carriers and Seizure of Vehicles)Regulations 1991

The enforcing agencies maintain a register of carriers as a reference list

of companies who are authorised to transport waste, bearing in mind thatthe list is not a recommendation or guarantee of a carrier’s suitability toaccept a certain type of waste The registered carrier’s authority fortransporting waste is a certificate of registration or an official copy, and acheck should be made of the expiry date, certificate number and marking

to confirm that it has been issued by the enforcing agency and that itcovers the particular waste for disposal Photocopies of a certificate ofregistration must not be taken as proof of registration

The phrase ‘Authorised transport purposes’ refers to the transport ofcontrolled waste within the same premises, the importation of waste tothe place of disposal and the exportation by air or sea or by rail from aplace in the UK

 On the transfer of waste, to secure that there is also transferred a written description of the waste which is good enough to enable each person receiving

it to avoid committing any offences under section 33 and to comply with the duty of care relating to the escape of the waste.

A transfer note (an example of which is given in the Duty of Care Code

of Practice) must be completed, signed and kept by the parties involved

if waste is to be transferred A single transfer note may cover multipleconsignments of waste transferred at the same time or over a period oftime provided that all the details are the same The transferor andtransferee should keep the written description of the waste and a copy ofthe note for at least two years during which time the EnvironmentAgency may request a copy

In addition, the description should include the following:

 the source of the waste – reference can be made to the use of thepremises or the occupation of the waste producer for wastes that donot require special arrangements for handling or disposal;

 the name of the substance – refers to an explanation of what the waste

is, either by its chemical or common name;

 the process producing the waste – an explanation of how the waste wasproduced including details of the materials used and types ofprocesses operated;

 a chemical and physical analysis – if wastes from different processesare mixed or if the activity or process alters the properties orcomposition of the material, it may be necessary for a physical andchemical analysis of the waste to be undertaken

As a general rule, the waste description must provide enough tion to enable subsequent holders of the waste to manage itresponsibly

informa-5.3.6.5.2 Hazardous wastes

This group of wastes is referred to as ‘special wastes’ in the UK, with aproposal to change the classification to ‘hazardous wastes’ The SpecialWaste Regulations 1996 (as amended) sets out an effective ‘cradle tograve’ system of control which ensures that hazardous wastes (whichwere initially defined as controlled wastes) are soundly managed fromthe moment they are first moved as waste until they reach their finaldestination for recovery or disposal The regime for managing hazardouswaste is however, stricter than the regime for controlled wastes, adding tothe requirements a notification procedure to ensure that the regulatoryauthority (the appropriate Environment Agency) has advanced notifica-tion of the impending transfer of waste together with a description of thehazards associated with the waste being transferred

The starting point of any assessment of special waste is the definition

of hazardous waste given in Regulation 2 of the Special WasteRegulations as amended It states that a controlled waste, other than ahousehold waste, is considered hazardous if:

 it appears on the EC list of hazardous wastes25 and displays one or

more of the hazardous properties set out in Table 5.3.2;

 it is not listed on the EC hazardous waste list but displays one or more

of a sub-set of six hazardous properties in Table 5.3.2 These hazards are

H3A (first category) and H4 to H8;

 Using the Approved Guide to the Classification and Labelling ofSubstances and Preparations Dangerous for Supply27 which sets out

general principles of classification and informs suppliers how tocorrectly classify and label chemicals.

 Using the Approved Code of Practice on Test Methods28 where thelatest amendment to Annex 5 to Directive 67/548/EEC has beenadopted

The Approved Supply List provides a risk phrase and classification forsubstances The risk phrase(s) can then be linked to the hazards In caseswhere a substance is found to exhibit a hazard, there is still a further stage

of assessment to determine whether or not it is a hazardous waste This

next step is carried out to ascertain whether the waste ‘displays’ the

hazardous property and is established by determining the concentration

of the hazardous component in the waste The Special Waste Regulations

in Schedule 2, Part 3 set out the concentration thresholds that make awaste hazardous These are set at different levels depending on the nature

of the hazard, i.e the total concentration of substances classified as

‘harmful’ in the waste needs to be present at 25% or above to classify it as

‘hazardous’

The hazardous waste transfer must follow the correct consignmentprocedure for the movement of the waste This can be established withthe help of the waste carrier who can advise on whether a simplifiedprocess can be followed for regular consignments of the same type ofwaste from the same premises In order to cover the costs of administrat-ing the procedure, the Environment Agency will charge a fee for theconsignment of the hazardous waste

The Environment Agency provides full details on the hazardous wasteregime in ‘Technical Guidance WM1 Special Wastes: A technical guidancenote on their definition and classification’29 Further related documentscan be obtained from the Environment Agency website

Table 5.3.2 Classification of hazardous waste properties

 H12 Substances releasing toxic/very toxic gas in contact with air/water/acid

 H13 Substance capable of yielding, after disposal, another substance which hasabovementioned properties

 H14 Ecotoxic

5.3.6.5.3 International waste transfers

Waste importers and exporters must follow the system of control set out

in the Transfrontier Shipment of Waste Regulations 1994 which directlyimplemented the EC Waste Shipment Regulation 259/93/EEC30 Itestablishes a complex system of control on waste shipments, withdetailed provisions varying according to the country of destination andmeans of transit, the intended purpose of the waste shipment, whetherfor disposal or recovery, and the type of waste involved Anyoneintending to ship waste across the frontier of a member state fordisposal, where this is permitted, must notify the competent authorities

in the countries through which the waste may pass by sending aconsignment note obtained from the UK Environment Agency Afterreceipt of the note is acknowledged, the competent authorities of thesecountries have a limited period of time in which they may requestfurther information, raise objections, impose conditions and authoriseshipment Once shipment has proceeded, the consignee (the personreceiving the waste) must send the notifier (the person sending thewaste) and the relevant competent authorities a copy of the completedconsignment note and, after disposal or recovery, a copy of a certificate

of disposal or recovery Other requirements cover the details to beprovided in the consignment notes and obligations which must formpart of contracts for shipments

Wastes destined for recovery are divided into three categories – theRed, Amber and Green Lists – according to the severity of the hazardsthey present Red listed wastes are the most hazardous and are subject

to the full notification procedure, i.e written prior consent of theauthorities is required for each waste shipment For Amber listedwastes, shippers and importers can take advantage of a more stream-lined procedure whereby the consent of the competent authorities isassumed provided no objections are made Green listed wastes arenormally not subjected to regulation although shipments should beaccompanied by a transfer note

5.3.7 Waste minimisation

It has been estimated that the average product sold to the consumercontains just 5% of the materials that went into its manufacture The resthas been lost along the way At each stage of the life cycle of the product,waste is created including mining, refining raw materials, processing andtransport The fate of the 95% inevitably adds to the pollution load on theEarth Much of this waste can be eliminated by resource efficiency whichcould be achieved by choosing better materials or more efficient energysources The concept of waste minimisation is based on the rationale that

by using materials carefully to reduce the generation of waste, pollution

is reduced, resources are conserved and charges for waste disposal areminimised A good waste minimisation programme should identify allsignificant process emissions to all media (air, water or land) and its aimshould be a reduction in the total amount of waste generated

5.3.7.1 The benefits of waste minimisation

The relative importance of waste minimisation varies in terms of reducedenvironmental impacts, financial savings, reduced energy and materialsusage, achieving regulatory compliance thereby reducing potentialliabilities An improved environment profile of the company can enhanceinvestor confidence and environmentally responsible products maypromote customer acceptance of the product Furthermore waste costsmoney through a reduction in yield, decrease in productivity and thedirect costs of disposal Therefore economic benefits of waste minimisa-tion can be identified as:

 reduction in waste results in savings in waste disposal costs;

 more economical processes through the reuse and recycling ofmaterials;

 a reduction in environmental costs in the short term through betterprocess control making it less likely for fines to be imposed forpollution incidents;

 a reduction in potential liabilities in the longer term;

 a reassessment of processes which may make them more efficient

5.3.7.2 Senior management commitment

It is essential that the senior management of a company is engaged in thewaste minimisation programme and provides leadership to the process.This ensures interest in:

 a company environmental policy together with a strategy for itsimplementation

 provision of adequate resources

 a programme for training staff

 strong visible support and leadership with high level accountability

5.3.7.3 Waste minimisation techniques

Waste can be reduced by the applications of a variety of techniquesindividually or in tandem including those discussed below

5.3.7.3.1 Source reduction

Source reduction is a term given to the activity that reduces or eliminatesthe generation of waste from a process The techniques used may beoutlined as follows:

 Plant management – relates to the alteration of procedures ororganisational aspects of the production process The generation ofwaste is reduced by implementing improvements to the overall

management of the production process in key areas It is one of theeasiest ways to reduce waste and may also result in overall health andsafety improvements.

 Employee information and awareness – simple techniques such astraining employees to use equipment efficiently and report processmalfunctions such as leaking pipes or containers

 Management accountability – the process of making productionmanagers take ownership of the waste minimisation process and bemade accountable for reporting quantities of waste generated andprogress towards meeting waste reduction targets

 Inventory control – focusing on the efficient control of inventories ofraw materials or products to prevent wastes arising from poor storagemanagement such as exceeded shelf life or incorrect storageconditions

 Waste segregation – this technique is very important for chemicalwastes since by separating hazardous from non-hazardous wastes thetotal volume of mixed hazardous waste can be reduced It may alsoavoid legal non-compliance related to the mixing of such wastes Byproviding separate collection containers for the different wastestreams, extra reclamation costs may be avoided by the elimination of

 Planned preventative maintenance – is the term given to the technique

of maintaining equipment before it needs maintenance rather thanreacting to equipment failure

 Process modifications should be considered in order to optimise theefficiency of a particular operation where technically feasible Thesecan be divided into four categories:

 Process changes involving the use of alternative low-waste processpathways to obtain the same quality of product Process changes aretypically made during process redesign or the development of a newplant

 Equipment modifications which can be introduced to performexisting operations more efficiently in order to eliminate or reducewaste that is generated at start up and shut down or during productchanges and maintenance operations

 Changes to operational settings involving adjustments to equipment

to optimise the process and minimise the production of wastematerials

 Process automation involving the provision of automated systemsthat are more efficient at handling or producing a product

 Raw material substitution – which refers to replacing or substitutinghazardous materials used in production processes by less hazardous ornon-hazardous alternatives Changes in these materials may also lead

to the reduction or elimination of hazardous wastes However itshould be noted that material changes to a less hazardous materialmay have an adverse effect on the production process, product quality

or waste generation and therefore any changes should be fullyevaluated before implementation Product substitution is achieved byreformulation of the final or intermediate products in order to reducethe quantity of waste arising during its manufacture or use Since thenature of the finished product may change, the issues around customeracceptability should be addressed

5.3.7.3.2 Re-use and recycling

Recycling differs from re-use because it involves a processing step

Recycling can be defined as the collection and separation of materials from waste and subsequent processing to produce marketable products Recycling

waste materials for future use and reclamation may provide a effective alternative to treatment and disposal It should be notedhowever that elimination and minimisation of the waste at source are thepreferred options as set out in the waste management hierarchy Success

cost-in the recyclcost-ing of wastes depends upon the ability to use the materialstaking into account the cost-effectiveness of the technology and the ease

of implementation of the option Schemes for recycling may range fromthose requiring only minor procedural changes that incur no capitalinvestment to more significant projects requiring considerableexpenditure

5.3.7.4 The practical implementation of a waste minimisation programme

The seven stages necessary to implement a successful waste tion programme are:

implementa- Identify sources of waste using process flow charts to monitor inputsand outputs

 Prioritising significant waste streams

 Assess feasibility of options

 Project implementation

 Set waste reduction targets and time scales

 Involve and educate staff

 Monitor performance against targets and communicate results.5.3.7.4.1 Identify waste sources

In order to implement the most efficient systems for waste minimisation,

it is necessary to understand fully the production processes and businessoperations and how materials flow through these operations, starting

from the acquisition of raw materials, through transport and distribution

to final use Flow diagrams provide the basic means for identifying andorganising information that is useful in the assessment Flow diagramsshould be prepared to identify important process steps and sources ofwaste generation They are also the foundation upon which materialbalances, sometimes termed ‘mass balances’, are developed Materialbalances are important for waste minimisation projects since they allowquantifying the losses or emissions that were previously unaccounted forand assist in developing the following information:

 baseline data for tracking progress during the implementation of theproject;

 data to estimate the size and cost of additional equipment and othermodifications;

 data to evaluate economic performance

In its simplest form, the material balance is represented by the massconservation principle:

MASS IN = MASS OUT + MASS ACCUMULATED

Material balances can assist in determining concentrations of wasteconstituents where analytical test data is limited These are particularlyuseful where there are points in a production process where it is difficult

or uneconomical to collect analytical data A material balance can helpdetermine if fugitive losses are occurring, for example, the evaporation ofsolvents from a tank for cleaning parts can be estimated as the differencebetween solvent put into the tank and solvent removed from the tank

To characterise waste streams by material balance can require siderable effort However, by doing so, a more complete picture of thewaste situation can be established This helps to establish the focus ofthe waste minimisation activities and provides a baseline for measuringperformance

con-Mass balance information (materials entering and leaving a process)can be obtained from a variety of sources:

 Samples, analyses and flow measurements of feedstocks, products andwaste streams

 Raw material purchase records

For this reason it is important to define carefully the system boundary foreach unit being evaluated The overall material balance for a facility canthen be developed from individual unit material balances Diagram-matically, any industrial system or process can be represented within asystem boundary that encloses all the operations of interest Severaldiagrams may be required to map out complex processes, joining eachdiagram with its separate operations together to form the full systembeing considered There are several pieces of software, which can be used

to produce flow diagrams Once established, it provides the basis tounderstand what ancillary materials, consumables and energy areconsumed (the ‘inputs’) and where wastes are generated (processemissions) at various stages A general overview of a material flow

diagram is provided in Figure 5.3.5

Inputs have been defined in terms of:

 Raw materials: essential materials used directly in production

 Ancillary materials: materials used indirectly for production such asmaterials for cleaning, maintenance or treatment processes

 Consumable materials: materials for offices (paper, printer cartridges);sales materials (brochures, envelopes), personal protective equip-ment

 Packaging: materials used to deliver goods (plastic wrapping, woodenpallets) and to supply finished products

 Energy: fuel and electricity for workplace or production heating,company vehicles

 Water: water from company mains, boreholes, or rivers

Figure 5.3.5 General material flow diagram

Outputs from the system are essentially the generation of products (aproduct is a marketable commodity and is the principal outcome of amanufacturing process) and wastes in the form of emissions to air, wastewater, solid and liquid waste and energy losses.

Small and medium sized businesses or even large businesses with only

a few waste-generating operations should attempt to assess their entirefacility It is also beneficial to look at an entire facility where there are alarge number of similar operations Similarly, the implementation of goodoperating practices that involve procedural or organisational measuresshould be implemented on a facility-wide basis, such as employeeawareness programmes, inventory or maintenance procedures

5.3.7.4.2 Prioritising significant waste streams

While all waste streams should be assessed, prioritising is necessarywhen available funds and or other resources are limited Prioritising thewaste streams should focus on identifying the most important areas firstallowing the assessors to move onto lower priority areas as time,resources and funding become available A variety of criteria can be used

to prioritise waste streams including:

 regulatory considerations

 hazardous properties of the waste including toxicity

 quantity

 management costs

 safety and health risks

 potential for success

 concerns about potential environmental liability

There may be some areas where it will be easy to implement a wasteminimisation improvement project without making a large capitalinvestment Such changes may include:

 segregation of wastes to prevent mixing of hazardous and hazardous wastes

non- improved material handling and inventory practices to reduce theamount of inventory that has expired

 preventative maintenance

 production scheduling to reduce quantities of batch-generated wastes

or unused raw materials

 minor operational changes

Small adjustments will often not only reduce waste production but cansave resources and costs

After waste streams have been ranked, the next step is to identifywhich waste minimisation options are technically and economicallyjustifiable

5.3.7.4.3 Assess feasibility of waste minimisation options

Prioritising key areas for improvement is essential as feasibility exercisescan be time consuming and expensive This part of the programme

should consider both the technical feasibility and economic viability ofthe waste minimisation options considered in section 5.3.7.3.

The technical evaluation determines whether or not a waste ment option will work in a particular application

manage-The following aspects should be considered:

1 Safety considerations related to any new system of work

2 Compatibility of new equipment with existing plant and operatingprocedures

3 Location of the new equipment in terms of available space and anyrequirements for water and energy supplies

4 Impacts an option would have on production such as any stoppage thatmay be required in order to install a new system

5 Additional technical expertise that may be required to install, operate

or maintain a new system

6 Any other environmental matters related to the operation of a newsystem such as the generation of modified or new waste streams Theenvironmental effects of any proposed changes need to be carefullyconsidered to ensure that the overall environmental burden isminimised

Procedures that can be followed in this evaluation include thefollowing:

(a) reviews of technical literature;

(b) visits to an existing installation to observe its operation and discusspractical aspects of operation;

(c) pilot-scale demonstration of equipment prior to purchase

When decisions are being made on the feasibility of options, thediscussions should involve consultation with key groups of staff thathave technical and practical expertise in the areas being reviewed such aspurchasing, production, engineering, maintenance to ensure viability andacceptance of an option

Any solutions that are considered technically feasible need to beassessed for economic viability using the company’s preferred method.When performing the economic evaluation, various costs and savingsshould be considered A project’s profitability is normally estimated from

a cost–benefit analysis, where the costs are evaluated by looking at bothcapital and operating costs If a waste management option has nosignificant capital costs, then its profitability can be judged by whether ornot an operational cost saving can be made If such an option does reduceoverall operating costs, this becomes a recommendation for it to beimplemented

An economic assessment of a waste solution may include thefollowing:

1 Capital costs of new equipment

2 Additional (or reduced) operating costs (including raw materials,labour, energy and water, inspection and auditing)

3 Training costs for employees covering the new system

4 Disposal costs for any wastes

Reducing or avoiding current and future operating costs associated withwaste treatment, storage and disposal are a major element of the projecteconomic evaluation The financial benefits from improved operationaland environmental performance will include:

1 Capital savings derived from avoiding the installation of emissioncontrol and monitoring equipment

2 Savings in waste disposal costs

3 Savings due to more efficient use of raw materials

4 Savings from reductions in product waste, energy and water use

5 Savings based on the reuse of materials previously sent for disposal orincome from sale of recyclable materials

6 Improved company environmental performance leading to marketingopportunities

5.3.7.4.4 Project implementation

The assessment and evaluation report will provide the basis for obtainingfunding for a waste minimisation project Waste projects that only involveoperational, procedural or material changes that do not involve altera-tions to plant or equipment should be implemented as soon as the costsavings have been verified The implementation of projects involvingcapital expenditure and/or significant process modifications will clearlyneed to be integrated into a business plan The plan should take intoconsideration the time scales for release of the capital and the manpower

to manage the project

The responsibilities and time scales for implementation should beclearly assigned and good communications are essential to maintainmomentum and commitment Appropriate training and supervisionshould be provided for staff involved in any new scheme

5.3.7.4.5 Set waste reduction targets and time scales

Goals should be established that are consistent with the policy adopted

by the company Waste minimisation goals can be qualitative, for

example, ‘a significant reduction of toxic emissions into the environment’.

However, it is better to establish measurable, quantifiable goals sincequalitative goals can be subjective and interpreted ambiguously Quanti-fiable goals establish a clear guide to the benefits expected from the wasteminimisation programme A major company could adopt a corporatewide goal of (say) 5% waste reduction per year, with each facility in thecompany setting its own waste minimisation goals The goals should bechallenging enough to motivate staff to be realisable and practical

Attributes of effective goals are listed in Table 5.3.3 Goals should be

reviewed and refined periodically to reflect any changes such asimproved technologies, expanding experiences, new legislation or eco-nomic climate

5.3.7.4.6 Staff training

Training and communications programmes for all levels of employee are

an essential feature of the plan Staff need to understand the company’swaste management strategy, policies and practices in order to takeresponsibility for providing support to these activities A trainingprogramme could include the following aspects:

 Company policy and expectations for waste minimisation strategy

 Overview of the programme being implemented

 Key areas of waste identified and associated cost of wastemanagement

 Key environmental impact of wastes generated

 Benefits of efficient waste minimisation and the techniques beingused

 Case studies to demonstrate key messages and successes

5.3.7.4.7 Monitor performance and communicate results

Having set specific reduction goals, these should be tracked and theresults reported at regular intervals both to management and employees.Monitoring performance will assist in the overall management of aproject such as where material or utility consumption can be compared to

a measure of work activity such as production output, i.e the amount ofelectricity used per item produced Good communication will helpmaintain an interest in the programme being implemented and providethe motivation and commitment to continue, particularly if the projectsare reporting successful outcomes Recognition of the efforts of individ-uals or groups may also be considered appropriate to reinforce goodenvironmental achievements and help develop and sustain an environ-mentally responsible culture

There are many ways of presenting data using bar charts, line graphs

or pie charts Whichever method is chosen the data should be displayed

in a clear and simple format, noting any trends and with key messageshighlighted

Table 5.3.3 Attributes of effective goals

Attributes of effective goals

Acceptable to those who will work to achieve them

Flexible and adaptable to changing requirements

Measurable over the allocated project time scales

Motivational to all employees

Suitable for the overall corporate goals and mission

Understandable by all the organisation’s stakeholders

Achievable with a practical level of effort and resource

5.3.8 The cost of failure to manage waste effectively

Where waste is not managed effectively, enforcement action may be takenwith the purpose of securing the protection of the environment andcompliance with regulatory requirements The regulators have a range ofenforcement options before prosecution is considered Powers to issuenotices requiring actions such as the clean up of land, compliance withdischarge consents and compliance by waste operators with theirlicences Under the Pollution Prevention Control Regulations31, prohib-ition notices can also be issued on premises where processes are carriedout In many cases, the worst consequence of a conviction for an offencerelating to waste may be from the adverse publicity for the business asmost offences are widely reported in journals, the local press and inserious cases, the national press These reports can have a damagingeffect on the company’s reputation and can attract the attention ofenvironmental interest groups

If an enforcement agency decides to prosecute or caution a defendant,

it would consider the following factors:

 the environmental impact of the non-compliance

 foreseeability of the events leading up to an incident

 the offender’s previous history, attitude, intentions and personalcircumstances

The most common offences lie in the following areas:

 Water pollution

Section 85 of the Water Resources Act 1991 makes it an offence to cause orknowingly permit the pollution of waters This offence is normallyprosecuted under the ‘cause’ category as this is an offence of strictliability and requires only proof that the offence occurred and thedefendant caused it The penalty can be 6 months imprisonment or a fine

of up to £20 000 in the magistrates court or 2 years imprisonment or anunlimited fine in the Crown Court

 Water abstraction

Section 24 of the Water Resources Act 1991 prohibits abstraction of waterfrom streams or the ground except in pursuance of a licence granted bythe Environment Agency This offence is punishable by a fine of up to

£5000 or on indictment, an unlimited fine

 Waste regulation

Under Section 33 of the Environmental Protection Act 1990, it is anoffence to deposit waste, or knowingly cause or permit waste to bedeposited, in or on any land except in accordance with a wastemanagement licence This places on producers of waste a duty to takereasonable care to know and monitor how others in the waste chainmanage their waste if they are to avoid charges of ‘knowingly causing’ or

‘knowingly permitting’ unlawful deposit or treatment of waste Aproducer has a defence to those causing or permitting offences if he canshow he took all reasonable precautions and exercised due diligence

Penalties for offences under section 33 are, on summary conviction (in

a magistrates court), a fine of up to £20 000 or a term of imprisonment of

up to 6 months, or both and on indictment (in a Crown Court), a term ofimprisonment of up to 2 years, or a unlimited fine or both

Offences under section 34 of the above Act which places a ‘Duty ofCare’ on any person who handles controlled waste, can on summaryconviction, lead to a fine of up to £5000 and on indictment, to anunlimited fine

 fail to carry out the recycling/recovery obligation

 fail to provide the Agency with a certificate of compliance

Offences are punishable by a fine of up to £5000 or on indictment, anunlimited fine

5.3.9 Conclusion

Over the last ten years there have been significant developments in thearea of environmental management as Government and business work todrive activities towards sustainable waste management practices.Success in meeting this vision requires the implementation of differentfacets such as regulatory obligations, market based benefits (economic,fiscal or voluntary) and Government incentives as set out below.Legislators have introduced a large number of environmental laws tocontrol the management of wastes and more recently, the concept ofproducer responsibility has become an important element of theGovernment’s waste strategy, as seen in the packaging laws which placeobligations on businesses to recover and recycle specified amounts ofpackaging and in the proposed ‘end of life’ laws for vehicles andelectronic equipment setting out requirements aimed at controlling finaldisposal and avoiding landfill

While regulation plays a key role in environmental protection, othermeasures are equally important

Environmental management systems (such as ISO 14001 and the EC’sEco-management and Audit Scheme) have been implemented by organ-isations to demonstrate their commitment to good environmentalmanagement practices in minimising environmental impacts leading inturn to an overall improvement in environmental performance

The Department of the Environment Food and Rural Affairs (DEFRA)has run a series of initiatives that are intended to encourage business toemploy best practice by demonstrating cost-effective actions that canimprove both business and environmental performance through pro-grammes such as ‘Envirowise’ and the Energy Efficiency Best PracticeProgramme

Fiscal instruments have more recently begun to emerge as marketbased forces focus on environmental improvements through taxes andlevies such as the landfill tax introduced in 1996, and the Climate ChangeLevy32that came into effect on 1 April 2001.

There is still a fair way to go and the next ten years will see furtheradvancement in environmental management practices as we strive to

‘meet the needs of the present without compromising the ability of thefuture generations to meet their own needs’ (a definition of sustainabledevelopment by the World Commission on Environment and Develop-ment in the Brutland Report)33

References

1 Deposit of Poisonous Waste Act 1972, repealed by the Control of Pollution Act 1974

2 Control of Pollution Act 1974, (c.40) replaced by Part II of the Environmental Protection Act

1990

3 Environmental Protection Act 1990, The Stationery Office, London (1990)

4 Environment Act 1995, The Stationery Office, London (1995)

5 Control of Pollution (Amendment) Act 1989, The Stationery Office, London (1989)

6 Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991, The

Stationery Office, London (1991)

7 Waste Management Licensing Regulations 1994 and amendments SI 1995 No 288, SI 1995

No 1950, SI 1996 No 634, SI 1996 No 1279, SI 1997 No 351, SI 1997 No 2203, SI 1998 No

606, The Stationery Office, London.

8 Transfrontier Shipment of Waste Regulations 1994, The Stationery Office, London (1994)

9 The Special Waste Regulations 1996 and amendments SI 1996 No 2019, SI 1997 No 251, SI

2001 No 3148, The Stationery Office, London

10 Finance Act 1996 and Landfill Tax Regulations 1996 SI No 1527 and amendments SI 1996

No 2100, SI 1998 No 61, SI 1999 No 3270 and SI 2002 No 1, The Stationery Office, London

11 Producer Responsibility Obligations (Packaging Waste) Regulations 1997 and amendments SI

1999 No 1361, SI 1999 No 3447, SI 2000 No 3375, The Stationery Office, London

12 National Waste Production Survey, www.environmentagency.gov.uk

13 Scottish Environmental Protection Agency (SEPA), National Waste Strategy, Scotland

(1999), www.sepa.org.uk

14 Council Directive 75/442/EEC of 15 July 1975 on Waste, amended 91/156/EEC and 91/692/EEC

15 Department of the Environment, Transport and Regions, Circular 11/94: Environmental

Protection Act 1990: Part II, Waste Management Licensing, the Framework Directive on Waste,

The Stationery Office, London (1994)

16 Waste Management Licensing Regulations 1994, The Stationery Office, London (1994)

17 Department of the Environment, Transport and Regions, Circular 04/2000: Planning

controls for hazardous substances, replacing DoE Circular 11/92 The Stationery Office,

London (2000)

18 Controlled Waste Regulations 1992, The Stationery Office, London (1992)

19 Environment Agency, Special Waste Explanatory Notes, www.environmentagency.gov.uk

20 Environmental Protection (Duty of Care) Regulations 1991, The Stationery Office, London

(1991)

21 Department of the Environment, Transport and Regions, Waste Management, the Duty of

Care, A Code of Practice, The Stationery Office, London

22 Water Resources Act 1991, The Stationery Office, London (1991)

23 Water Industry Act 1991, The Stationery Office, London (1991)

24 The Urban Wastewater Treatment Regulations 1994, The Stationery Office, London (1994)

25 European Union, Decision 94/904/EC establishing a list of hazardous waste pursuant

to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (last updated February 2001), EU, Luxembourg

26 Chemicals (Hazard Information and Packaging for Supply) Regulations 2002, The Stationery

Office, London (2002)

27 Health and Safety Executive, Publication no: L124, Approved Supply List (Sixth edition)

(2000) gives classification and labelling information for several thousand

commonly-supplied chemicals Publication no: L199 Approved Classification and Labelling Guide

(Fourth edition) (1999) provides information on how to classify and label chemicals not listed in the Approved Supply List HSE Books, Sudbury

28 European Union, Classification, packaging and labelling of dangerous substances in the

European Union, Part 2 (1997), a publication of the European Commission detailing test

methods, EU, Luxembourg (1997)

29 Environment Agency, A guide to the Special Waste Regulations 1996, The Stationery Office, London www.environment agency.gov.uk/commondata/105385/specwaste

30 European Union Council Regulation 259/93 of 1 February 1993 on the Supervision and

control of shipments of waste within, into and out of the European Community, EU,

Luxembourg (1993)

31 Pollution Prevention and Control [England and Wales] Regulations 2000, The Stationery

Office, London (2000)

32 www.hmce.gov.uk/business/othertaxes/ccl

33 Bruntland, G (ed.), Our Common Future: The World Commission on Environment and

Development, Oxford University Press, Oxford (1987).

Further reading

Environmental Compliance Manual: Practical Guidance for Managers – Gee Publishing

Limited

Croners Waste Management, Croners Publications Limited

Croners Environmental Management, Croners Publications Limited

Napier, C., Waste Management: Legal Requirements and Good Practice for Producers of Waste

Waste Minimisation: An Environmental Good Practice Guide for Industry, Environment Agency

(2001)

Waste Minimisation: A Guide for Industry to their Reduction of Wastes and their Pollutant Effects,

Loss Prevention Council (1994)

Waste Minimisation, Institution of Wastes Management (1996)

Practical Advice on Best Value and the Waste Management Industry, IWM Business Services

Limited

Resource Productivity, Waste Minimisation and the Landfill Tax, Advisory Committee on

Business and the Environment (2001)

The US EPA Manual for Waste Minimisation Opportunity Assessments, The US Environment

Protection Agency Report number EPA/600/2–88/025 (1988)

Crittenden, B.D and Kolaczkowski, S.T., Waste Minimisation Guide, The Institution of

Chemical Engineers, Rugby (1992)

Under common law a duty of care is placed on people that can beconstrued as that degree of care necessary to ensure injury is not caused

to a neighbour The term ‘neighbour’ refers to those persons who are soclosely and directly affected by an act that the person causing the actought reasonably to have foreseen that they would be so affected Withthese issues in mind it is important to ensure that industry and commerceaim for the highest possible standards using legal standards as aminimum requirement

5.4.2 Chemical data

In order to ensure that an environmental effect is not created, the hazardsand properties of the chemicals used must first be determined Suchinformation can be used in controlling the potential pollution ornuisances at source Controlling pollution at source is always moreeffective and cheaper than subsequent remedial action at a later date

‘End of pipe’ engineering control measures are usually expensive toinstall and maintain

The range of information required on the materials to be handledincludes:

 toxicity to aquatic organisms

 toxicity to flora

 toxicity to fauna

 toxicity to soil organisms

 toxicity to bees

 the short- and long-term effects on the environment

 the effect on the ozone layer

 the effect on the atmosphere in an enclosed space

 the potential to cause contamination

 the potential to react with other materials to cause contamination

 the potential to cause a change in pH

Manufacturers and suppliers must provide information on the propertiesand hazards of chemicals With these characteristics established strategiesfor use and suitable methods of control can be developed

5.4.3 Risk reduction

Where hazardous chemicals are to be used or disposed of, a priorityconsideration must be to reduce the risks from them to a minimum Toenable this to be achieved it is necessary to know the hazards presented

by the substances and the possible environmental effects if they escape.When the use of a hazardous substance is proposed the followingquestions need to be addressed:

 Does the material have to be used? Can its use be avoided?

 Can the material be substituted with a less hazardous material?

 Can the quantity of material to be used be reduced? In a chemicalreaction one of the constituents is usually present in excess in order tomake the reaction proceed to completion If the chemical that is inexcess is the polluting material, development work may be needed tosee if the concentrations of the reactants can be reversed or a non-polluting or less hazardous material used instead

Where hazardous chemical(s) are used they should be assessed todetermine the impact on the environment Such an assessment shouldalso consider the effect of intermediates and breakdown products thatmay be produced The assessment should include consideration of theeffect of the materials on the atmosphere, the sewage treatment system,controlled waters, land and groundwater, and waste disposal routes Therisk assessment should include an estimation of the risk from thehazardous materials, the magnitude of the effects, and the probability of

an occurrence Included should be an evaluation of the significance of thehazards and the consequences should the environment be affected It is astructured approach to setting priorities for controlling the hazards Therisk assessment will provide information of where control measures willneed to be applied to prevent an impact on the environment

5.4.4 The Environmental Protection Act 1990 (EPA)1

This piece of legislation is the most profound development in Britishenvironmental law this century and contains many fundamental changes

to pollution control regimes that are having far-reaching effects onindustry The Act is split into nine parts with Parts 1, 2 and 3 having thegreatest implications for industry It is an enabling Act that specifiesbroad environmental objectives to be achieved and relies on subsidiaryregulations to provide the details of the requirements.

5.4.4.1 Part 1: Integrated pollution control and air pollution control

This section deals largely with the administration of the Act outlining theauthorisation of the bodies for enforcing it and the powers vested inthem It considers enforcement in two parts:

(i) Integrated pollution control (IPC) by the Environmental Agency(EA)

(ii) Air pollution control (APC) by local authorities (LA)

The Environmental Protection (Prescribed Processes and Substances)Regulations 19912 allocate the enforcement of standards between theEnvironment Agency and the local authorities

The Environment Agency was formed under the Environment Act 1995

by combining Her Majesty’s Inspectorate of Pollution, the NationalRivers Authority, and the Waste Disposal Authority The EnvironmentAgency enforces the larger, more complex and polluting industries such

as power stations, the chemical industry and heavy metal manufacture.Such processes are known as the Part A Processes and come under theIPC legislation IPC deals with the environmental aspects of all stages of

a process, aiming to achieve the least environmentally damagingcombination of options and thus minimise pollution It also requires thatthe end disposal option must not be damaging to the environment Forexample, an air pollutant may be removed by scrubbing the gas streamwith water However, what effect does the substance in water have on thesewage works or the end disposal source, namely, the river? If the effect

is detrimental then another disposal route must be chosen, e.g thermal

oxidation of the air stream Figure 5.4.1 shows a modern scrubbing plant

for cleaning vapour discharges

The conditions in an IPC authorisation cover emissions to water, landand air and extend to the prevention of persistent offensive odours at orbeyond the boundary of the premises The standards demanded by theauthorisation include the application of the ‘best available techniques notentailing excessive costs’ (BATNEEC) This is a new enforcement conceptseen as equivalent to ‘so far as is reasonably practicable’ of the Health andSafety at Work Act, 1974 (HSW) The Environment Agency has producednumerous process- and sector-specific guidance notes on Part AProcesses3

By contrast, APC deals only with emissions into the atmosphere Thelocal authorities who enforce it are required to seek and abide by thedecisions of the Health and Safety Executive on matters affecting human

Figur

health and, where there is a possibility of discharges to water courses, ofthe Environment Agency APC is a more limited approach than IPC andrelates to processes having a supposedly lower pollution potential Suchprocesses are known as Part B Processes.

Employers who are required to seek authorisation for processesinvolving discharges, whether to river, land or atmosphere, should notdischarge until an authorisation has been granted However, wheredelays occur in granting authorisation, existing processes may continue

to be run but must meet current environmental standards For newprocesses it is an offence under Section 6 of the Environmental ProtectionAct 1990 to operate a process without an authorisation When granted,the authorisation will state the discharge standards to be achieved by theprocess Failure to meet those standards may attract formal caution, anenforcement notice, a prohibition notice, or prosecution with, onconviction, penalties similar to those under the HSW

The EPA empowers inspectors to issue Enforcement and ProhibitionNotices, which must specify the remedial steps to be taken There is anappeal procedure against such notices, which is to the Secretary of Statewho will appoint an arbiter Included in this part of the Act is a power torecover the cost of making the authorisations and of enforcement – on theprinciple of ‘the polluter pays’ Fees will be charged for initialapplications and for the annual renewal of the authorisations

When Environment Agency Inspectors monitor discharges, theycompare their findings with the appropriate authorised discharge limitsand take action accordingly They may employ specialist consultants tomonitor the concentrations of air emissions from Part A Processes.The Integrated Pollution Control Regulations are being replaced by thePollution Prevention and Control Regulations 2000 (PPC)4 Theseregulations cover a larger range of industries and a wider number ofenvironmental impacts For example:

 New industries: intensive farming, the food and drink industry, andmany waste management facilities

 Environmental impacts: energy efficiency, noise, waste reduction,condition of the site when the facility closes, consumption of rawmaterials, accident prevention

The PPC Regulations apply to the complete installation or the whole sitewhereas the IPC Regulations apply only to a process The PPC require theapplication of the ‘best available techniques’ (BAT) which is moreonerous than the BATNEEC principle and does not give exemption toinstallations that produce trivial emissions Because PPC requires that thecondition of the site should be left in an unpolluted state when theoccupier finally vacates it, the occupier must demonstrate the environ-mental condition of the site when the PPC Authorisation was first appliedfor This is to show that the company as occupier had not polluted theground during its period of occupancy

The Environment Agency will provide information on the ments of PPC and a timetable for its implementation

require-5.4.4.2 Part 2: Waste disposal 5,6,7

Waste is any substance which is surplus to the process or company’srequirements It can be a scrap material, an effluent, other unwantedsubstances, or any substance or article to be disposed of because it isbroken, worn out, contaminated or otherwise spoiled Under the SpecialWastes Regulations 1996 certain substances, listed in Schedule 1 of theRegulations, have been classified as special wastes and their disposalmust follow a strict laid down procedure

A novel feature of the Environmental Protection Act is the introduction

of the concept of a ‘duty of care’ It places on all involved in theproduction and handling of waste a number of duties which cover fiveaspects:

1 To prevent the keeping, treatment or disposal of waste without alicence or in breach of a licence

2 To prevent the escape of waste

3 To transfer waste only to an authorised person

4 To ensure that there is clear information on, and labelling of, thewaste

5 To retain documentary evidence

The major responsibility for ensuring that these duties are fulfilled restswith the creator of the waste Thus, the producers of waste have anobligation to prevent the escape of waste along the whole length of thedisposal chain through the use of reputable disposal companies andregistered hauliers Transporters of waste have to be registered with thecounty council for the area in which they are based Producers mustensure that waste is carried by authorised carriers and disposed of atfacilities which have planning permission, are licensed and that thelicence allows that type of waste to be deposited Producers must alsosatisfy themselves that the waste can be stored securely without loss ofcontainment and that the method of disposal is appropriate There must

be tight control on the documentation for the movement of the waste todemonstrate fulfilment of the duty of care Producers must periodicallyaudit each stage of the waste disposal operation and there are penaltiesfor non-compliance

The standards for the keeping and disposal of waste are beingsignificantly tightened with landfill licence conditions becoming morestringent, usually by requiring better leachate control, methane monitor-ing, aquifer monitoring, etc Inspectors of the Environment Agency,which has taken over the waste regulation function previously carriedout by the county councils, will carry out more frequent inspections Aswith IPC, recovery of the cost of enforcement and administration of wastecontrol is introduced Regulations may be made to extend the definition

of ‘special wastes’ to encompass many of the known hazardoussubstances in current use Other regulations may provide for a list ofexemptions from licensing for substances even though they are stillclassified as special waste

5.4.4.3 Part 3: Statutory nuisances

A statutory nuisance is the emission of smoke, fumes, gases, dust, steam,smells, other effluvia and noise at a level which is judged to be prejudicial

to health of, or a nuisance to, the community or anyone living in it Thelegal interpretation is somewhat flexible

Where a local authority is satisfied that either a statutory nuisanceexists or is likely to occur or recur, it can serve an Abatement Noticerequiring the abatement, prohibition or restriction of the occurrence orrecurrence The notice will specify the date by which the notice is to becomplied with and may also specify the remedial action to be taken.Appeals against the notice can be made within 21 days Failure to complywith the notice can attract a fine on conviction of up to £20 000 It is adefence to a prosecution to demonstrate that the best practicable meanshad been used to prevent or counteract the effects of the nuisance Aprivate individual can start a proceeding in a magistrates’ court and, ifthe court is satisfied that a nuisance exists, it can require the accused toabate or terminate it The court may also specify the remedy to befollowed

5.4.4.4 Summary of EPA

Governmental and public pressure is demanding a significant tightening

of environmental standards Much of the onus for achieving this will fall

on industry which may be involved in considerable expense in carryingout the work necessary to meet the new standards

5.4.5 Minimising environmental harm

The fundamental concept to controlling environmental pollution is that it

is better to prevent environmental damage rather than have to cure theharm after an event has occurred Apart from the environmentalimprovement there are other considerations and possible advantages to

be considered These include the legal and regulatory implications andthe potential of commercially based incentives

By definition there is an interaction between a pollutant and theenvironment It may be obvious or not, for example, because a pollutant

is emitted to the atmosphere does not mean that there will not be effects

on the ground or on water such as occurs when oxides of sulphur (SOx)produce acidic deposition on soil or in rivers This is the basis for IPC, inthe UK IPC is the consideration of the overall environmental effects ofdischarges on air, water and land There may be several options fordisposing of waste material such as deposition on to land, discharge towater, or incineration with exhaust emissions being discharged to theatmosphere Under IPC the environment must be considered as a wholewith each disposal route being examined to ensure that the ultimatedestination of the substance being discharged does not cause environ-mental pollution This approach forms the basis of the concept of ‘Best

Practicable Environmental Option’ (BPEO) The Environment Agency haspublished guidance on assessing BPEO for IPC processes8 The ChemicalIndustries Association has also published a booklet on the subject9whichrecommends that, in order to determine the BPEO the following data isneeded:

(a) The synthesis route options available

(b) For each synthesis route options:

 Its technical viability

 Environment, health and safety issues

 Capital and revenue costs

 Likely development times

 Site policy

 Implications of related legislation

(c) Select the preferred process synthesis route and identify:

 The theoretical amount of waste produced per year

 Amount of special waste handled per year

 Chemical oxygen demand (COD) of the effluent stream

 Toxicity of the effluent stream on sewage treatment

 Concentration of harmful non-biodegraded material that wouldpass through the sewage works treatment and into the river

 Heavy metals in effluent streams

 Total dissolved solids in effluent steams

 Inventory and storage of hazardous substances

(f) Review waste management options

The list of possible options for the management of each waste streamshould be reviewed using an approach similar to step (b) above The

waste management hierarchy of ‘Avoid – Minimise – Reuse – Recycle – Recover energy – Dispose’ should be followed.

(g) Assess waste management options

This action involves assessing in detail each of the options identified

in (f) above where releases to the environment have been identifiedand quantified It may be necessary to carry out dispersion calcula-tions for releases to air and water From this data comparisons aremade with local environmental quality limits The option creating theleast overall environmental impact can then be identified

(h) Select the preferred waste management option.

Section (g) identifies the BPEO for each waste stream Other aspects ofthe waste management options such as energy use, technicalfeasibility, cost, etc., are likely to influence the final selection of thebest practical waste management option for each stream The reviewshould also include consideration of other waste treatment facilitiesthat are already in existence on the site so that the most cost-effectivecombination of waste treatment methods can be identified

(i) Check that the environmental impact is acceptable

The preferred process route and associated waste management optionsidentified by the above procedure is the Best Practical EnvironmentalOption (BPEO)

The results of the estimated discharges should be compared with thelevels permitted by the enforcing authority and then collated anddocumented as part of the preparation of the application for anauthorisation under the IPC requirements of Part 1 of the EnvironmentAct

5.4.5.1 Controlling emissions to the environment

One of the key elements of the Environmental Protection Act 1990 is theconcept of Best Available Techniques Not Entailing Excessive Costs(BATNEEC) ‘Techniques’ includes technology as well as hardware andoperational issues such as housekeeping BATNEEC applies to processesthat are subject to Environment Agency and Local Authority control It is

up to industry to ensure that they maintain the BATNEEC standards.However, it is good for other companies who do not come under IPCRegulations, to consider the concepts as a means to demonstrate theircommitment to a green image

The definition of ‘Best Available Techniques’ is given in ‘IntegrationPollution Control: A Practical Guide’3 A brief description is:

(a) Best is the most effective method for preventing, minimising or

rendering harmless, polluting emissions

(b) Available means that the technique of control is generally accessible

to companies The source of the control technique is not restricted tothe UK but it may be in use elsewhere in the world

(c) Techniques embraces both the plant used in the process and how the

process is operated It includes matters such as staff numbers, theirqualifications and experience, working methods, training, super-vision and the manner of operating the process It also includes thedesign, construction, lay-out and maintenance of the plant andbuildings

(d) Not entailing excessive cost presumes that BAT will be used.

However, it also means that BAT can be modified by economicconsiderations where it can be shown that the relative costs ofapplying BAT would be excessive compared with the degree ofenvironmental protection achieved For example: if one technology