Club Green Environment Manual

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1 2. Legislation Register The following register provides an overview of legislation applicable to the furniture and associated industries, divided into categories according to their area of control. The table also includes details for the corresponding section number, where members can find a detailed review of the key requirements of the statutes. Table 1: Club Green Legal Register Legislation Section Brief Overview 3.1 Main Legislation 3.2 Atmospheric Emissions Environment Protection Act Environment Act Clean Neighbourhoods and Environment Act 2005 Environmental Permitting Regulations 2010 Air Quality Standards Regulations Clean Air Act Pollution Prevention and Control Act 1999 Defines the fundamental legal framework and authority for waste management and control of emissions into the environment. It consists of nine parts, important to many manufacturing operations. Establishes the principal environmental regulators across the UK and creates the legal framework for their operation. Provides local authorities with powers to tackle poor environmental quality and antisocial behaviour. Consolidates previously separate permitting regimes into a single, harmonised system for compliance and consents Enables the setting of statutory air quality standards to control certain air pollutants Enables Local Authorities to restrict emissions of dark smoke, dust and grit from chimneys. Also, prohibits emissions of dark smoke from industrial or trade premises, including waste bonfires. Seeks to reduce and prevent polluting emissions to the air, water and land from industrial operations. Such emissions are controlled by permits. Replaces Part 1 of the EPA. Page 15

2 3.2 Atmospheric Emissions Environmental Protection (Controls on Ozone Depleting Substances) Regulations 2002 Environmental Permitting Regulations 2010 Schedule 14 Fluorinated Greenhouse Gases Regulations 2009 PG 1/12 (12) Combustion of Waste Wood PG 6/02 (04) Manufacture of Timber and Wood Based Products PG6/33(11) Wood Coating Processes PG6/03(11) Chemical Treatment of Wood based Products PG6/23(11) Coating of Metal and Plastic PG6/31(04) Powder Coating Controls the production, use, and ultimately emission of certain substances that deplete the ozone layer. There was an immediate ban on the sale of chlorofluorocarbons (CFCs) and the use of hydrochlorofluorocarbons (HCFCs) has been phased out gradually. Schedule 14 sets out the relevant requirements of the Solvent Emissions Directive (SED). This supersedes the Solvent Emissions Regulations Seeks to contain, prevent and thereby reduce emissions of the fluorinated gases covered by the Kyoto Protocol. Exact servicing frequencies and qualifications for the personnel are detailed in the legislation. Provides guidance on the control of air emissions from the combustion of waste wood in appliance with a net rated thermal input of 0.4-3MW (equivalent to kg/hour) Provides guidance on the control of air emissions (wood dust) from the manufacture of timber and wood products where annual throughput of works is likely to exceed: - 10,000m³ at sites where wood is sawn only. - 1,000m³ in any other case (sawing, drilling, sanding, shaping, turning of wood) Stipulates coating operational controls, compliant coatings and VOC emission limits for sites using more than 5 tonnes of organic solvent annually. Controls use and emission of organic solvent based preservatives and creosote in facilities with a throughput of more than 500m³ timber annually (or 10,000m³ where wood is sawn only). Controls metal or plastic processes using more than 5 tonnes of organic solvent annually. Controls the use and emission of powder in coating processes where more than 20 tonnes is used annually. PG6/32(11) Adhesive Coating Controls adhesive processes using more than 5 tonnes of organic solvent annually. PG6/45(11) Surface Cleaning Relevant to operators of solvent degreasing tanks. Page 16

3 Environmental Protection Act 1990: Part III Duty of Care Controlled Waste Regulations Imposes a duty of care on sites to maintain controls which safeguard waste on site, during and after transit Relates to licensing of external contractors removing waste from sites. List of Waste Regulations Provides definitions and classifications for hazardous and non-hazardous wastes. 3.3 Waste Management 3.4 Hazardous Substances Hazardous Waste Regulations 2009 Waste Regulations Env. Noise, Site Waste Management Plans and Spreadable Fats (Revocations and Amendments) Regs 2013 Waste (Scotland) Regulations 2012 Control of Substances Hazardous to Health (COSHH) Waste Electrical and Electronic Equipment (WEEE) Regulations 2006 Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulations 2007 Environmental Protection (Disposal of Polychlorinated Details the requirements for safe management of hazardous wastes. Introduces the waste hierarchy for waste management and reduction. Includes notice of Waste (England and Wales) (Amendment) Regulation Revokes the Site Waste Management Plans Regulations Establishes a requirement for businesses in Scotland to present metal, plastic, glass paper and card for separate collection (non-landfill) from January Imposes controls on the management of occupational exposure of employees to hazardous substances. Introduces end of life recovery for electrical items and components including lights and recliners Introduces a harmonised system for controlling chemicals in the EU Requirements to identify, register and dispose of Polychlorinated Biphenyls (PCBs) Page 17

4 Biphenyls and Other Dangerous Substances) Regulations 2000 Waste Batteries and Accumulators Regulations Introduces a harmonised system for the disposal of waste batteries. 3.4 Hazardous Substances 3.5 Water Management Restriction of the use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations (RoHS) 2008 Controls on Certain Azo Dyes and Blue Colourant Regulations 2003 Controls on Pentabromodiphenyl Ether and Octabromodiphenyl Ether Regulations 2004 Restriction of the use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations (RoHS) Restricts the use of hazardous substances in electrical equipment Restrictions imposed on certain fabric dyes Restrictions imposed on certain flame retardant chemicals Water Resources Act Implement Directive 2011/65/EU of the European Parliament on the restriction of the use of certain hazardous substances in electrical and electronic equipment. Imposes a legal obligation for consent to discharge to controlled waters and surface water drains. Water Industry Act Defines controls on foul sewer and consent for discharge to foul sewers. Anti-Pollution Works Regulations 1999 Control of Pollution (Oil Storage) Regulations Enables the Environment Agency to serve a works notice on polluters Specifies the containment measures for the storage of oil in tanks exceeding 200 litres. Page 18

5 Water Act Introduces a suite of measures intended to reform the water sector. Producer Responsibility Obligations (Packaging Waste) Regulations Imposes an obligation for organisations to recover and recycle packaging waste on site above specified thresholds. 3.6 Packaging Management 3.7 Energy Packaging (Essential Requirements) Regulations Climate Change Act Carbon Reduction Commitment Energy Efficiency Order Energy Act The regulations were introduced to reduce the impact packaging and packaging waste can have on the environment by: - Minimising the weight and volume of packaging. - Introducing requirements for reuse, recycling and/or recovery of packaging materials. - Setting thresholds on the amount of toxic heavy metals permitted in packaging materials. Introduces the framework for the UK to achieve its long term goals of managing and reducing greenhouse gas emissions and ensures measures for adaptation to the impacts of climate change. Introduces the UK s mandatory cap and trade greenhouse gas emissions trading scheme. Includes Carbon Reduction Commitment (CRC) Amendment Regulations Updated energy legislation and established numerous energy efficiency schemes and incentives such as Feed in Tariffs. Energy Act Established the framework for the Coalition s Green Deal. Finance Act 2000: Climate Change Levy Energy Performance of Building Regulations Introduces a levy to be applied to energy bills Green Deal Introduces Energy Performance Certificates and Display Energy Certificates to buildings, constructed or let. A key element of the Energy Act 2011, the Green Deal aims to improve the energy efficiency of UK building stock. Page 19

6 3.8 Timber and Timber Products 3.9 Nuisance Impacts 3.10 Miscellaneous Energy Savings Opportunity Scheme (ESOS) Regulations 2014 Forest Law, Enforcement, Governance and Trade (FLEGT) Regulations 2012 EU Timber Regulations No. 995/2010 Timber and Timber Products (Placing on the Market) Regulations 2013 Control of Trade in Endangered Species (CITES) Environmental Protection Act 1990: Part III Statutory Nuisance Health and Safety at Work Act 1974 Management of Health and Safety at Work Regulations 1999 Transport of Dangerous Goods Regulations Establishes the requirements of ESOS, requiring large companies to undertake energy audits Introduces a licensing system for imports of timber and timber products to the EU Details the requirements for organisations importing wood from outside the EU to conduct due diligence to minimise the risks of illegal wood. Due to come into effect from March 3 rd Transposes the EU Timber Regulation into UK legislation and prohibits the sale of illegally harvested timber in the UK from 3 rd March Introduces a system of enforcement controls for trade in species listed in CITES Introduces a system for controlling and preventing statutory nuisance The principle legislation for the management of health and safety at work across all sectors. It provides a framework for ensuring the health and safety of all employees in any work activity. It also affords for the health and safety of anyone who may be affected by work activities including visitors and contractors. Require employers to carry out risk assessments to eliminate or reduce risks. Moreover, employers with five or more employees need to record the significant findings of risk assessments and adopt a written health and safety policy. The regulations require the appointment of qualified dangerous goods safety advisers for: - Employers who consign and load dangerous goods for transportation. - Operators of road vehicles and train operators who transport dangerous Page 20

7 3.10 Miscellaneous Control of Asbestos Regulations 2006 Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 2005 Dangerous Substances and Explosive Atmosphere Regs 2002 Control of Major Accident Hazards Regulations (COMAH) 1999 Fire Reform (Fire Safety Order) 2005 Public Interest Disclosure Act 1998 Environmental Damage Regulations goods. - Loading and unloading of dangerous goods during transit such as freight forwarders and warehouses. Require an employer to assess if asbestos is present in their premises. If there is reasonable doubt it must be assumed that asbestos is present. Risks must be managed and reduced by adequate control measures, personal protective equipment and employee training Introduce requirements for the storage of highly flammable liquids Replace over 20 pieces of legislation and required the control of fire, explosion and similar risks from dangerous substances used or present in the workplace. Introduces a system of requirements for preventing and managing major accident hazards. Imposes various fire safety controls on companies including the need to conduct a fire risk assessment Aims to protect whistleblowers from detrimental treatment from their employers Aims to prevent serious environmental impacts arising or to ensure that where damage has occurred sufficient remediation is conducted. Page 21