MRF Name Environmental Legal Register

As required by ISO 14001 clause 4.3.2: The following environmental legislation has been identified as being applicable to MRF Name

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

The Environmental Protection (Duty Disposal of waste arising from All waste streams
of Care) (England) (Amendment) Wastes to be stored securely. factory and office activities. are securely stored
Regulations 2003 and the Waste in labelled
Controlled wastes to be disposed Evidence of compliance:
Waste Management – Management Duty of Care Code of cages/containers?
E1 of to a licensed waste carrier. Documented transfer of waste
General Practice 1996.
from the organisation to a
Vetting of waste carriers.
waste carrier signed by both All waste carriers
Enforced by the Environment Agency
parties. Retained for 2 years. licence are valid and
or SEPA.
on file?

Appointment of waste All waste carriers

authorities. licences are valid
and on file for all
Environmental Protection Act 1990: Prohibition on unauthorised
transport/waste
Part II ‘Waste on Land’. disposal of waste.
Waste Management - Use licensed carriers. carriers?
E2
General Granting of licences for
Enforced by the Environment Agency
treatment, keeping and disposal
or SEPA.
of any specified waste in or on
specified land.

Prohibition on unauthorised All waste carriers

disposal of waste. licences are valid
The Clean Neighbourhood and and on file for all
Environment Act 2005. Additional powers to agencies
Waste Management - Use licensed carriers. transport carriers?
E3 dealing with fly-tipped waste.
General Fines up to £50,000 and five
Enforced by the Environment Agency
or SEPA and Local Authority. years imprisonment for those
found guilty of fly-tipping.

Environmental Legal Register 1

 MRF Name Environmental Legal Register
Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

Hazardous Waste is so called Disposal of hazardous wastes Registered with the

because it has hazardous arising from factory and office Environment agency
properties that may render it activities (hazardous – Premises code:
harmful to human health or the chemicals, solvents and “?”.
environment. solvent-based paints, inks,
Only classified
waste oils, oily residues,
All businesses in England and hazardous wastes
fluorescent light tubes etc.
Wales that produce Hazardous are removed?
Waste must: The Environmental Regulator
tracks the movement of
1. Annual registration to Environment
Hazardous Waste through a
The Hazardous Waste Regulations Agency (EA).
consignment note system.
2005. 2. No pre-notification to EA except This ensures that waste is
Waste Management –
E4 when delivered to Scotland or managed responsibly from its
Hazardous Waste
Enforced by the Environment Agency Northern Ireland.. point of origin until it reaches
or SEPA. a suitably licensed or exempt
3. Quarterly returns to EA. facility to be recovered or
4. Keep consignment notes for three disposed of.
years.. The consignment note system
If premises are not exempt, needs to allow for a
the producer must register - consignment note copy to be
even if the premises produce sent to the waste producer as
less than 200kg of Hazardous proof of waste receipt.
Waste.

Environmental Legal Register 2

 MRF Name Environmental Legal Register
Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

New rules mean that from If you are a waste producer

Written statement
October 2007 non-hazardous you are not obliged to treat
declaring amount of
waste must be treated before it the waste yourself – many waste to be treated
is disposed of at a landfill site will simply buy this service by?
and liquid waste will be banned from a waste contractor.
from any landfill. However, it is good practice Evidence that
Treatment is defined by a three- to complete a written subsequent holder
Landfill (England and Wales) of waste has treated
Regulations 2002, SI 2002 No. 1559, point test, and all criteria must declaration stating:
waste before landfill
as amended, e.g. by the Landfill be satisfied for the waste to have
Waste Management – 1. Whether you have as per regulations?
(England and Wales) (Amendment) been treated. The criteria are
E5 Non-Hazardous treated the waste.
Regulations 2005. that the treatment must: 2. The type of treatment
Waste 1. Be a physical, thermal, that has occurred (if
Enforced by the Environment Agency chemical or biological any).
or SEPA. process including sorting. 3. If relevant, the amount
2. Change the characteristics of waste sorted out for
of the waste. recovery or alternative
3. Change the waste to treatment.
reduce its volume or
hazardous nature, facilitate
its handling or enhance its
recovery.
This legislation provides powers Necessary documentation Duty of care
Environmental Protection (Duty of
for the relevant Waste Collection controlled by procedures. collections note
Care) (England) (Amendment)
Authority to serve a notice on completed for
Regulations 2003 (SI 2003/63).
any person required to keep collections?
Enforced by the Waste Collection copies of transfer notes,
Waste Management - Authority. requiring that person to provide
E6
Documentation copies of transfer notes within a
specified time. This is in addition
to the powers of the Environment
Agency.

Highways Act 1980 (England and This legislation requires that Security on site. Controls in place?
Wales) waste in skips must be secure Locked/secure bins.
Environmental Protection Act 1990 from access by the public. MRF
Waste Management – Environment Act 1995. Name ensures that the site is
E7
Storage of Skips secure from the general public
Enforced by the Environment Agency and that no waste is stored
or SEPA. outside customers’ premises.

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 MRF Name Environmental Legal Register
Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance
MRF Name has a Duty of Care
Control of Pollution (Amendment) Act Under the Control of Pollution All waste carriers
process to ensure that any of
1989 Controlled Waste (Registration (Amendment) Act 1989, and the licence are valid and
its own contractors carrying
of Carriers and Seizure of Vehicles) above Regulations, it is a criminal on file?
their waste themselves hold a
Regulations 1991 (SI 1991/1624) offence for a waste carrier to
current carriers licence. To
Waste Management – Controlled Waste (Registration of transport waste without being
meet this requirement, MRF
E8 Movement of Carriers and Seizure of Vehicles) registered.
Name shall retain a copy of all
Waste (Amendment) Regulations 1998 (SI
relevant current licences.
1998/605).

Enforced by the Environment Agency

or SEPA.

Landfill Tax Regulations 1996. Tax payable for landfill waste to Tax affects cost of disposal. Annual waste
reflect the full environmental Higher tax for active waste tran
E9 Waste Management Enforced by Customs and Excise. costs of disposing of waste to than for inert. sfer
landfill. not
e?
Environmental Protection Act 1990, MRF Name is required to meet all Under the EPA 1990, the Current COTC
Part II: Waste on Land. of the requirements of the party to whom the licence is qualifications?
licences as defined in the licence issued has to be a “fit and
Waste Management Licensing documents (Ref. EAWML/75188). proper person”. The Is MRF Name
(England, Wales) (Amendment and competence needed to meet complying with the
related provisions) Regs 2005 (SI (Waste Management this requirement is waste tonnage
803). Licensing legislation determined through COTC limits outlined
amended on 04-01-07 from qualifications held by within the Waste
Regs 1994, to Regs 2005 members of staff. Management
Waste Management – Waste Management Licensing
E10 (Amendments to cover Licence?
Licence (Amendment) Regulations 1996 (SI
exemptions for requiring a
1996/1279).
waste management licence).
Waste Management Licensing
(Amendment) (England) Regulations
2002 (SI 2002/674).

Enforced by the Environment Agency

or SEPA.

Environmental Legal Register 4

 MRF Name Environmental Legal Register
Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance
Noise (waste compactor, Evidence of
Nuisance (Noise, Dust, Smells). compressors). statutory
Environmental Protection Act 1990:
Dust (waste compactor). complaints?
E11 Emissions to Air Part III Statutory Nuisance and Clean
Activities not to be source of Waste litter in yard.
Air.
statutory nuisance. Smells (contaminated plastics
and tins).

Heating oil emissions.

The Act contains provisions
Clean Air Act 1993.
relating to the control of grit,
E12 Emissions to Air smoke and dust. The Act Competent persons must Evidence of regular
Enforced by Local Authority and service equipment regularly. maintenance?
prohibits, subject to conditions,
Secretary of State.
emissions of dark and black
smoke from chimneys serving
boilers and industrial plant.

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 MRF Name Environmental Legal Register
Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

The Control of Asbestos Evidence of

Regulations came into force inspection reports?
on 13 November 2006. As
Evidence of routine
well as the requirement for
checks?
accreditation, the
Regulations introduced other
changes including:
 A single control limit of 0.1
fibres per cm3 of air for All potential asbestos clad
work with all types of buildings to be investigated
asbestos. with samples sent for analysis
 Specific mandatory training to UKAS accredited
The Control of Asbestos Regulations requirements for anyone laboratories.
2005. liable to be exposed to
E13 Emissions to Air asbestos. Maintenance of asbestos
Enforced by HSE. materials to be strictly
 A requirement to analyse the controlled to ensure staff are
concentration of asbestos in adequately protected from
the air with measurements in any potential asbestos
accordance with the 1997 airborne fibres.
World Health Organisation
recommended method.
All work with asbestos containing
materials, whether licensed or
not, must be undertaken by
trained workers following a risk
assessment and in accordance
with appropriate controls to
prevent exposure to asbestos
fibres.

Environmental Legal Register 6

 MRF Name Environmental Legal Register
Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance
Packaging (Essential Requirements)
The qualifying criteria remain Packaging Usage
Regulations 2003 (SI 2003/
unchanged at £2 million turnover figures for 2007/8?
No.1941). Revisions include: Provision
and 50 tonnes of packaging for submitting documents and Need for
Packaging (Essential Requirements) handled per year. Also the compliance?
maintaining registers in
(Amendment) Regulations 2004 recycling and recovery targets for
2006 – 2010 detailed in Schedule electronic form; An increase
(No.1188).
2 are unchanged. in the registration fee charged
Enforced by Weights and Measures by EA/SEPA from £768 to
Authorities in Great Britain. Product packaging shall be £776. (The fee for small
minimised consistent with the
E14 Resource Consumption producers).
safe and hygienic transport and
The Producer Responsibility
handling of the product.
Obligations (Packaging Waste)
Regulations 2007 (SI 2007 No. 871) Packaging shall be designed to Supply chain.
permit re-use or recovery.
entered into force on 16 March and Potential to recycle drums,
replace the Producer Responsibility Printing inks shall not involve the pallets, paper, cardboard,
Obligations (Packaging Waste) use of heavy metal pigments. plastic containers, etc.
Regulations 2005. (Packaging legislation
amended on 07-06-06 from
Regs 1998, to Regs 2003).

HM Government announced a All vehicles and

climate change levy or carbon Energy and fuel consumption. electricity data was
energy tax on the industrial and recorded and
commercial use of energy to Production of carbon. monitored through
Finance Bills 1999 and 2000 apply from April 2001, exempting out 2006/7?
Use of finite resources.
Climate Change Levy. energy from new forms of
E15 Resource Consumption
renewable energy, e.g. solar,
Enforced by Customs and Excise. wind power.
Administration of the fleet of
Basis for charging Vehicle Excise company cars.
Duty on new passenger vehicles
is related to the vehicle’s CO2
emissions.

Environmental Legal Register 7

 MRF Name Environmental Legal Register
Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

Aims: To reduce the waste Disposal is free if you were Choice to reuse
arising from electrical and sold the equipment after 13th equipment or
electronic equipment. August 2005 or if you are donate before
replacing with equivalent EEE. recycling.
To improve the environmental
performance of all those involved This service will be delivered Evidence of
in the life cycle of electrical and through the producer take- contractual
The Waste Electrical and Electronic electronic products. back scheme. You must pay arrangement with ?
Equipment Regulations (SI 2006 for WEEE where you are to dispose of WEEE?
No.3289) were laid before Parliament Any businesses using EEE must discarding EEE purchased
E16 Resource Consumption on 12th December 2006 and came comply with the new regulations, before 13th August 2005, or Consignment note
into force on 2nd January 2007. meaning you must store, collect, where you are not replacing numbers will be
treat, recycle and dispose of EEE with an equivalent. used when
Enforced by the Environment Agency. WEEE separately from your other Payment must also be made if disposing of
waste. Similar to Waste Transfer you cannot trace the producer equipment?
Notes, you must obtain and keep or their compliance scheme,
proof that your WEEE was given or if you choose to negotiate
to a reputable waste with producers to accept the
management company and cost of treating and disposing
treated and disposed of in an your WEEE.
environmentally sound way.
Under the Anti-Pollution Works
Evidence of risk
Regulations 1999 (SI 1999/1006)
assessments?
The Environment Agency can
serve an Anti-Pollution Works Chemicals, solvents, diesel oil
Anti-Pollution Works Regulations Notice on a company if they and other.
E17 Releases to Water 1999 (SI 1999/1006). perceive that an activity is Substances/materials used on
causing or may cause pollution to site.
Enforced by the Environment Agency. controlled waters. This means
primary responsibility for carrying
out and funding the works can be
placed with the polluter.

Environmental Legal Register 8

 MRF Name Environmental Legal Register
Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

Deliveries of raw materials or Evidence of routine

fuels to your site should be site inspections?
supervised, to reduce the risk Examples of
of overfill and spillage. contamination
issues?
Use of drip trays for fill pipes
outside the secondary
containment system.
Fuels and chemicals should be
stored in containers that are
clearly labelled and "fit for
purpose" and sited within or
In England, if you store oil (such provided with secondary
as petrol, diesel, vegetable, containment facilities.
synthetic or mineral oil) in a
Control of Pollution (Oil Storage) Secondary containment
container with a storage capacity
(England) Regulations 2001 No. should provide a capacity of
of over 200 litres (44 gallons)
E18 Releases to Water 2954. at least 110% of the largest
then you may need to comply
with the Control of Pollution (Oil vessel or 25% of the total
Enforced by the Environment Agency. volume being stored,
Storage) (England) Regulations
2001. whichever is the greater, and
should be impermeable to the
substance stored.
Any accumulated rainwater
should be removed as part of
regular maintenance and
inspection. If the rainwater is
contaminated, then it will
have to be appropriately
treated or disposed of.
Contaminated rainwater may
be considered Hazardous
Waste and, if so, will have to
be dealt with accordingly.

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 MRF Name Environmental Legal Register
Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

Request for supply. Water usage data is

Permission to use water on
recorded and
Water Industry Act 1999. Charges. site.
monitored?
Adequate supply to support Energy used to produce
E19 Releases to Water Enforced by DG of Water Services,
works. water.
Environment Agency and Local
Authorities. (Water industry act amended Water consumption.
on 04-01-07 from Regs 1991,
to Regs 1999).

Water Resources Act 1991. Under the Water Resources No incidents

Storage of chemicals and other Act it is an offence to cause reported. Spill kits
E20 Releases to Water
Enforced by Environment Agency and hazardous substances. pollution of any watercourse. located in proximity
Secretary of State. to open drains?

Local authorities and the No spillages

Environment Agency to identify recorded – Potential
contaminated land and to serve Spillages of chemicals, spillage from
Environment Act 1995: Part III. remediation notices. Notices solvents, spill kits in
solvents and other substances
E21 Land Contamination served on the people who place and staff
used on site.
Enforced by Local Authority. created the contamination if they trained in
can be identified. Otherwise the procedures?
current owner or occupier is
responsible.

Interpretation: No spillages
recorded – Potential
Significant harm is being caused
spillage from
Contaminated Land (England) or there is significant possibility
solvents, spill kits in
Regulations 2000. of such harm being caused; or
place and staff
Spillages of chemicals,
Pollution of surface waters and trained in
Enforced by Local Authority. solvents and other substances
E22 Land Contamination ground water is being, or is likely procedures?
used on site.
to be, caused.
(Contaminated land Regs
amended on 04-01-07 from Regs Remediation notices for
2000, to Regs 2006). measures to restore controlled
waters to acceptable standard
that have been affected by
contaminated land.

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 MRF Name Environmental Legal Register
Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance
CHIP refers to the Chemicals (Hazard
CHIP is the law that applies to All hazardous materials will Check hazardous
Information and Packaging for
suppliers of dangerous chemicals. require labelling at all times materials for correct
Supply) Regulations 2002. These are
Its purpose is to protect people up to and during collection by identification?
sometimes also known as CHIP3.
and the environment from the an authorised waste transfer
E23 Land Contamination
effects of those chemicals by authority. Reference to
requiring suppliers to provide European Waste Catalogue
information about the dangers codes are required.
Enforced by HSE.
and to package them safely.

Owner must submit All previous

application for development developments
Town and Country Planning Act 1990
permission to include: site, applications have
(TCPA).
design, external appearance, been notified to the
land use, means of access Council?
Town and Country Planning Imposes controls over land-use
E24 Nuisance and landscaping.
(Development Plan) Regulations 1999 and new development.
(SI 1999 No. 3280). Fees are payable.
Local Planning Act may grant
Enforced by Local Planning Authority.
conditional approval.

Road Traffic Act 1988 (EU Directive All company

91/441/EEC) and EU Directive It is an offence to use a vehicle if vehicles to be
it is emitting "smoke, visible Owned vehicles need to be monitored for
94/12/EEC).
vapour, grit, sparks, ashes, maintained properly. Outside maintenance and
E25 Transport cinders or oily substances" in delivery vehicles to be insurance?
Enforced by Local Authority.
such a way as is likely to cause reported using note book?
Possible future enforcement of "damage to any property or
Road traffic act 1991 (C40). injury or danger to any person.

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 MRF Name Environmental Legal Register
Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance
Maintain MSDS
In order to protect employees
records?
and the environment,
To protect employees and other Conduct an annual
employers must use, as
persons likely to be affected COSHH
necessary, control measures,
against risks to their health assessment?
Control of Substances Hazardous to training plus routine exposure
Health (Amendment) Regulations resulting from exposure to monitoring and health Identify Health,
2004 (SI 2004 No. 3386) COSHH). substances hazardous to health. surveillance. Safety and
E26 Substances
Environmental risks
The assessment records need
Enforced by HSE and HM Customs and controls?
Control of hazardous to meet the requirements of
and Excise regarding import bans.
substances amended on 04- COSHH also support
01-07 from Regs 2002, to environmental risk
Regs 2004. assessment in terms of the
properties of hazardous
chemicals present.

To control the escape of Evidence of

Wildlife and Countryside Act 1981. materials from the site due to environmental
high winds and to prevent awareness training?
Wildlife and Countryside contamination to land and
Evidence of routine
(Amendment) Act 1991. To strengthen protection for, and pollution to storm water
site inspections?
provide “off-site” powers to drains.
E27 Nature Conservation Wildlife and Countryside Act 1981 ensure the conservation of, The installation of security
(Amendment) Regulations 1995 (SI various endangered species of fencing to control wind borne
1995 No. 2825). wildlife including wild birds. waste. Housekeeping and
environmental training
Enforced by Natural England and
procedures to control and
Secretary of State.
monitor contamination of land
and pollution of drains.

Environmental Legal Register 12

 MRF Name Environmental Legal Register
Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

The Carbon Reduction CRC allowances will be issued Monitor

Commitment (CRC) is the new to participants via an auction consumption on
name for the Energy process. Within the context of quarterly basis.
Performance Commitment the scheme cap, participants Current usage?
proposal on which the will be able to determine their
Is business covered
Government consulted in 2006. own emissions targets. In
by legislation?
The name of the scheme has order to ease participants into
been changed to prevent any the regime, and to allow
confusion with Energy Government to establish more
Performance Certificates. accurate data on emissions
across the target sector, CRC
The Carbon Reduction Commitment The CRC will target emissions
will feature an introductory
(CRC) is a new scheme, announced from energy use by large
NEW LEGISLATION phase, with a simple fixed
E28 in the Energy White Paper 2007. organisations whose annual
Resource Consumption price sale of allowances.
mandatory half hourly metered
Enforced by Local Planning Authority. electricity use is above
6,000MWh – focusing on those
emissions outside the Climate
Change Agreements (CCAs) and
outside the direct emissions
covered by the EU Emissions
Trading Scheme (EU ETS). In
addition, firms with more than
25% of their energy use
emissions in Climate Change
Agreements would be completely
exempt.

Environmental Legal Register 13