1. BOSS FEDERATION Crimes Against Nature Environmental Legislation Liam Gardner National Environmental Adviser

2. BOSS FEDERATION Today’s agenda Why does environmental legislation matter to you? Recent prosecution statistics Criminal Liability for managers and directors Major legislation and consequences of prosecution Packaging Waste Obligations Other environmental legislation How BOSS can help

3. BOSS FEDERATION Reduce your environmental liability To reduce both business and personal risk: –Civil/Criminal Prosecution –£ Tangible Costs (Fines/Legal etc.) –Intangible Costs – Reputation In the last 8 years: 1600 cases per year 800 prosecutions per year 61% illegal disposal of wastes (average fine £3700) 26% water pollution incidents (average fine £6700) Prosecutions and penalties both set to increase significantly

4. BOSS FEDERATION Criminal liability of directors and managers  A company Director/Manager/Officer can be criminally prosecuted for environmental offences under UK/EU Law  Some offences have strict liability where only environmental harm needs proving – not intent or fault.  Penalties include: Criminal conviction Fines Pay unlimited compensation Disqualification from company management ~ 15yrs Prison Sentence

5. BOSS FEDERATION LegislationOffenceMagistrate's CourtCrown Court Environmental Protection Act Authorisation breach£20,000 fine &/or 3 months in prison Unlimited fine &/or 2 years in prison Water Resources ActUnconsented discharge to controlled waters £20,000 fine &/or 3 months in prison Unlimited fine &/or 2 years in prison Water Industry ActUnconsented discharge to foul sewer £20,000 fineUnlimited fine Special Waste Regulations Breach of requirements £5,000 fineUnlimited fine &/or 2 years in prison Producer Responsibility for Packaging Waste Lack of / incorrect data provision, failure to meet obligation £5,000 fineUnlimited fine Major Environmental Legislation and Potential Penalties for Prosecution

6. BOSS FEDERATION Producer Responsibility Obligations (Packaging Waste) Regulations 2007 Applies to companies with annual: Turnover >£2M AND Handles 50+ Tonnes Packaging These companies must: Register with EA/compliance scheme Provide packaging waste data Meet obligations through recovery or purchasing of Packaging Waste Recovery Notes (PRNs/PERNs)

7. BOSS FEDERATION Red Bull get their wings clipped... Prosecuted by EA under The Producer Responsibility (Packaging Waste) Regulations Failure to recover and recycle packaging waste Record payment of £271,800 (27/07/09) Fine = £261,278.00 Costs = £3755.00 Compensation to EA = £6854.00 Damage to reputation?

8. BOSS FEDERATION Polluter pays principle EU - Environmental Liability Directive 2004 (Imp.2007) UK - Environmental Damage (Prevention and Remediation) Regulations 2009. Environmental Permitting 2007 Waste Duty of Care (EPA 1990/Hazardous Waste 2006 etc) Landfill tax Low emissions vehicles Climate Change Levy Carbon Reduction Commitment

9. BOSS FEDERATION What does your company need to do... Easy! Get compliant – Stay compliant! Yes, but how? Internal - Environmental Management System (EMS) External – Business service providers/consultants or.. BOSS membership Online and telephone support Expert consultancy support Products and services Inc. Environmental Health check