Are you compliant with the Oil Storage Regulations?
The Pollution Control (Oil Storage) (England) Regulations 2001 affects anyone that stores more than 200 litres of oil above ground (in one or more containers) at an industrial, commercial or institutional site.
Do you understand the Polluter Pays Principle?
The Environmental Liability Directive 2004/35/EU legislates the prevention and remedying of environmental damage (ELD), according to which the polluter pays when environmental damage occurs.
Do you have preventative measures in place?
The Anti Pollution Works Regulations 1999 states that if you cause pollution or your business has a risk of causing pollution to the watercourse then the Environment Agency can serve a works notice under Section 161A of the Water Resources Act requiring you to carry out preventative works and operations in order to minimise any future risks. If the Environment Agency incurs any costs as a result of investigation and anti-pollution works carried out you could also be liable for these. It really doe pay to be prepared and understand your risks.
Do you know what you are allowed to discharge into the public sewers?
The Water Industry Act 1991 states that it an offence to discharge trade effluent to public sewers without consent. Consents can only be granted by your local water and sewage undertaker. There are many rules to follow when you apply for consent including set limits for:
- Rate of flow
- pH levels
- Temperature levels
- Concentration levels of various pollutants
Can you secure you site in case of an accident?
The Water Resources Act 1991 makes the Environment Agency responsible for the care of the water course including water pollution, water resource management, flood defences, fisheries and navigation. If your business discharges to surface, ground waters, estuaries and coastal waters you must be responsible for any potential contaminants from your site. You must have procedures in place to deal with any spills including those arising as a result of vandalism and accidents.
How do you dispose of your waste?
The Environmental Protection (Duty of Care) Regulations 1991 requires that your waste is properly stored while on the premises and that it is adequately packaged for transportation. You must ensure that waste be kept safe against:
- Corrosion and wear of waste containers
- Accidental spillage or leaking
- Accident or weather breaking contained waste open and allowing it to escape
- Scavenging of waste by vandals, thieves, children, trespassers or animals
Are you at risk of causing damage to public health?
The Noise and Statutory Nuisance Act 1993 is designed to deal with pollution problems that can cause a nuisance or be prejudicial to health. These problems can include: air pollution including smell, dust and fumes and waste build up. If you are found to be guilty of a statutory nuisance your local authority must issue court proceedings against you.
How do you deal with FOG?
Under the Food Safety Act 1990 your local authority can inspect your premises. If there are any issues caused by the disposal of fat, oil and grease (FOG), as a failure to comply with the Food Hygiene Regulations, you will be liable to prosecution or even site shut down. For offences in England and Wales, Crown Courts may can apply unlimited fines and even a custodial term for the most severe cases of gross negligence .
How do you monitor your FOG levels?
Within the Building Act 1984 you must provide satisfactory provision for drainage of an existing building, including sewers, drainpipes and sinks . This can include a requirement for the installation of a grease trap which will need to be monitored, maintained and serviced.