Civil Sanctions for the Environment Agency

Here are a few words from Alison about the new powers for the Environment Agency.

The use of civil sanctions by the Environment Agency came into force in September 2010. This adds to the EA's 'toolbox' of powers to fine for and remediate environmental damage. Some would say this is a good thing. It may help to reduce lengthy and costly court battles in some cases where a civil sanction and fine is more appropriate. The key powers include:

- Fixed monetary penalties: up to £300 for a minor non compliance causing little or no environmental harm. An example of this may be paperwork related to waste legislation. It will not result in a criminal record.

- Variable monetary penalty - this is the biggest change. It provides for the EA to fine up to £250,000 and will be set by the EA dependent on each case. Fines will be awarded for more significant damage to the environment but which do not necessarily need to lead to prosecution. An example may be a packaging waste or a water pollution offence.

This may lead to more enforcement and penalties and could have a commercial impact on all organizations that fall under the scrutiny of the EA. Let's hope everyone views it as an even better reason for the prevention of pollution through good procedures and risk management systems.

If you have any queries regarding environmental legislation at your organisation, do not hesitate to contact our consultants.

Waste exemptions

UPDATE:

Following a detailed examination of the new legislation and a long discussion with the EA today, Catherine was able to confirm that, contrary to what I had written below, if you used to have an exemption 27 you no longer need to register. It now falls under one of the non-waste framework exemptions which do not need to be registered. In effect, with these exemptions, it is taken that you have an automatic exemption.

We mentioned the new waste exemptions a few weeks ago. The Environment Agency has a really useful page about it explaining the details, listing the new exemptions and giving a link to register your exemptions.

The new exemptions come into effect on 6th April 2010. From this date you will be able to register by following the link here.

Full information on these changes including guidance can be found here.