Transcript Module 2 Slides

Using ISO 14001 to Improve
Compliance with Environmental Law
John Marsden (FIEMA)
Presentation for The EMS National Forum 2007
QEII Conference Centre, Westminster, London
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Introduction to the Presentation
John Marsden – A Short Introduction
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Earlier career in pesticide industry
Worked as environmental advisor from 1990
Worked with BS7750 –then ISO 14001
EMS Certification auditor since 1996
Delivered ISO 14001 Lead Auditor Courses internationally
Own EMS/ ISO 14001 consultancy business since 1993
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Environmental Law – Pitfalls to Compliance
Businesses often find it difficult to comply or demonstrate
compliance with environmental laws – possible reasons
include ;•
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Insufficient awareness of applicable laws
Lack of interest - “not on our radar screen” mentality
Unable to keep pace with developments
Environment not recognised as a management function that
needs addressing (compared to eg ISO 9001)
There may be other reasons!
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Environmental Law – Reasons for Improving Compliance
There are many examples of general non-compliance with environmental
law resulting in court cases and fines. Here are a few examples ;• Waste processing company fined £100,000 for dismantling fridges
without appropriate CFC collection systems in place. Trials were
unsuccessful. Agreement not reached with EA prior to dismantling 1000
fridges over 18 months. Waste management licence did not cover this
activity. Company ignored formal letters.
• Salmon Farm overstocking it’s fish cages. Permit allowed 1500 tonnes
fish over 2 locations. Found that full limit stored at one location.
Records of biomass (number, weight) set as a licence condition – review
showed exceedance and pollution of loch bed likely. £1000 fine
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Environmental Law – Reasons for Improving Compliance
More examples ;-
• Leaky underground fuel storage tank used by petrol station resulted in
groundwater pollution. Stock records showed deficit of 3500 lts of fuel
over period of 1 year. Resulted in £30,000 fine
• Leak of radioactive material from a fractured pipe into a secondary high
integrity containment system (no leak to environment). Leak not
detected for 9 months. Fine £500,000
• Water company discharging over it’s consent into sea on 2 occasions.
Exceeded consent twice over due to ‘technical problems’ associated
with measuring equipment. Fine £6000
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Law – Directly Relevant Element of ISO 14001 (I)
4.3.2 Legal and other requirements
The organization shall establish, implement and maintain a procedure(s),
a) to identify and have access to the applicable legal requirements and other
requirements to which the organization subscribes related to its
environmental aspects, and
b) to determine how these requirements apply to its environmental aspects.
The organization shall ensure that these applicable legal requirements and
other requirements to which the organization subscribes are taken into
account in establishing, implementing and maintaining its environmental
management system.
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EMS - Regulations & Legislation
Law Title
Reference
Date Applicable
Relevance and Content
The Producer Responsibility
Obligations (Packaging
Waste) Regulations 1997SI
1997 No. 64
0-064106-X
15 May 1997
Apply to us as over set thresholds (>50 tonnes
packaging; >£5m turnover). Joined Valpak,
who discharge recovery/recycling obligations
and who require annual packaging data and fees.
The Producer Responsibility
Obligations (Packaging
Waste)(Amendment)
Regulations 1999
The Producer Responsibility
Obligations (Packaging
Waste)(Amendment)(No.2)
Regulations 1999SI 1999
No. 3447
The Producer Responsibility
Obligations (Packaging
Waste) (Amendment)
(England) Regulations 2003
SI 2003 No. 3294
0-082691-2
10 Sept 1999
8 February 2000
0-11-08bb2-4
0-11-02ww19-3
30 March 2004
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Amends 1997 regs. reducing turnover threshold
from £5 to £2 million. (We are
already captured by 1997 regs).
Amends Recovery/Recycling targets:affects us
via Valpak (increased
levy).
Various amendments not directly affecting us
but which affect compliance scheme operators:
new offences added; appeals, information in
certs. etc
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Activity
Act/Law
Regulatory
Authority
Key Compliance
Requirements
Cross Ref.
Specific
Applicability
Abstraction
Water
Resources
Act 1991 Section
24
See Appendix 12
for copy of
Section
24 and Site
Abstraction
Licence No: xxxx
issued xxxx
Environment
Agency
Restricts water abstraction or the
carrying out of works to enable
abstraction to those with an
Environment Agency licence.
The occupier of the land must
apply for abstraction licences. If
the occupier changes, the benefit
of the licence will go to the new
occupier, provided the EA are
notified within 15 months.
Licence conditions will govern
the quantity and when water may
be taken and means of
measurement. There is a right to
abstract small quantities of water
(not >5m3) if abstraction is not a
continuous operation. Consent
may also be given for abstraction
of quantities not >20m3, again
providing that the abstraction
does not form part of a
continuous operation.
Directive2000/6
0/EC – Water
Framework
Directive – 3rd
Consultation
Phase during
2003
75/440/EEC –
Directive
concerning the
quality required
for surface water
intended for
abstraction of
drinking water in
member states
Compliance with
the terms of the
Abstraction
Licence:
The hourly and
daily abstraction
limits cannot be
exceeded since the
limits equal the
Maximum
pumping
capacity. Monthly
meter readings
are monitored by
the Energy
Manager to check
that we are not
likely to exceed
the annual
limit.
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Reasons why some EMS’s don’t properly address
4.3.2 of ISO 14001
The register is not properly completed in the first place (variety of reasons)
Person/s completing the task are not properly trained
The register is not updated at regular intervals
The register is not used during the preparation of operating procedures
The register doesn’t identify the key requirements of the applicable regulation
The register is swamped by superfluous information
(eg Salmon and Freshwater Fisheries Act in a Parts Warehouse register)
The register does not state WHY and WHERE the regulation applies to the
organisation
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Law – Directly Relevant Element of ISO 14001 (II)
4.5.2 Evaluation of compliance
4.5.2.1 Consistent with its commitment to compliance, the organization shall
establish, implement and maintain a procedure(s) for periodically evaluating
compliance with applicable legal requirements.
The organization shall keep records of the results of the periodic evaluations.
4.5.2.2 The organization shall evaluate compliance with other requirements
to which it subscribes. The organization may wish to combine this evaluation
with the evaluation of legal compliance referred to in clause 4.5.2.1 or to
establish a separate procedure(s).
The organization shall keep records of the results of the periodic evaluations.
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Why 4.5.2 Assessment of Legal requirements Fails
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The Certification Body Approach to 4.5.2
With regard to the above element ;The organisation should normally be required to notify the Authority of any
permit breaches. Failing to notify the authorities will result in a major
non-conformity by a competent certification body
If a legal non-compliance is identified, the organisation should document this
within the EMS, initiate dialogue with the relevant authorities through
it’s communication processes and implement a plan to achieve
compliance.
By ignoring this element of ISO 14001 within the EMS, the onus
falls on the certification body to issue a major non-conformance..
and require the organisation improve it’s legal compliance
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Exercise – Identify the Elements of ISO 14001 (I)
1. Emission monitoring shall be carried out for ammonia and hydrogen
sulphide. The results shall be forwarded to the Regulator within 1
week of the first day of January, April, July and October
2. Visual and olfactory assessments shall be made once a day and
according to a procedure during the process operation at the locations
marked A, B, C and D on the plan referenced SPC 1/2006
3. The results of the assessments carried out in accordance with
Condition 11 shall be recorded in a log book. The entry shall show the
name of the person appointed to undertake the assessment, the time
and date, wind conditions and an indication of the subjective strength
and nature of any odour detected.
4. A clearly designated area shall be provided for the receipt and storage
of raw material. Vehicles and containers shall only be emptied in this
area and then shall be thoroughly cleaned in a designated cleaning area
as soon as possible after completion of the delivery.
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Exercise – Identify the Elements of ISO 14001 (II)
5. All drums used for solvent storage shall be kept securely lidded.
6. The process operator shall by 1st April submit to the Head of
Environmental Health Services, The District Council details of the
organisational structure, numbers of personnel and the appropriate
designations within the structure for ensuring compliance with this
Authorisation.
7. A comprehensive written cleaning schedule that covers all aspects of
the prescribed processes shall be produced and implemented. Details
of the schedule shall be maintained at the process site and shall be
available for inspection by an authorised officer of the The District
Council.
8. All areas involved in storage of liquid materials in bulk containers
greater than 205Lts must have secondary containment in the form of
concrete walls and floors and be capable of containing 115% of the
total maximum volume of the vessel.
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Exercise – Identify the Elements of ISO 14001 (III)
9. All complaints made directly to the company must be recorded and actioned.
The record shall include the time and date, the nature of the complaint and
details of any action taken. The log book shall be kept available in identified
files for inspection by an authorised officer of The District Council.
10 The process operator shall provide written evidence by 1st April that a
programme has been implemented to ensure staff at all levels have received
the necessary formal instruction commensurate with their duties. Copies of
records of such instruction shall be maintained and forwarded to the Head of
Environmental Health Services, The District Council within 2 weeks of the 1st
of April each year.
11. Regular drills should be conducted with regard to minimising and eliminating
the effects of significant spills and other identified emergency situations
12. Management shall ensure that systematic checks are carried out to ensure that
all the requirements of this permit are being complied with. Any deficiency
identified through the examination of records, reports, communications,
interviews with staff and operators are corrected within a prescribed timescale.
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Summary - Using ISO 14001 to Improve
Compliance with Environmental Law
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ISO 14001 provides an excellent framework for improving
compliance to environmental law
But only when ;-
1) the EMS Representative ensures that the ongoing legal requirements and
obligations are properly identified
2) These requirements are then implemented throughout the EMS in all
relevant areas (procedures etc) and associated with other elements
3) Regular assessments are made to determine the degree of compliance
4) Senior management are informed of any issues relating to the above at
the formally designated Management Review, with actions arising!
Marsden International (UK) Ltd provides auditor training, EMS development,
implementation and consultancy on ISO 14001 ([email protected])
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