Impact of new legislation

Citation

(2001), "Impact of new legislation", Property Management, Vol. 19 No. 4. https://doi.org/10.1108/pm.2001.11319dab.027

Impact of new legislation

Impact of new legislation

Ignorance of pollution prevention and control/contaminated land regulations could prompt severe penalties

New legislation concerning pollution prevention and control introduced under the banner of the Environmental Protection Act 1990, may substantially affect all sectors of the cleaning business, from the very largest companies to the smallest one-man band, the most recent quarterly meeting of the British Cleaning Council was warned.

Alerting the Council, the co-ordinating body for the UK cleaning industry, to the potential impact of the legislation, John Bale, who represents both the British Association for Chemical Specialities and the Soap and Detergent Industry Association on the BCC, told them: "While it is clear that many cleaning industry businesses are setting their sights on achieving such environmental standards as ISO 140001, your members may not yet be aware of the implications of the new Integrated Pollution Prevention and Control and Contaminated Land regulations, but they need to sit up and take notice. This latest enabling legislation will impinge dramatically on how individual companies operate, and if they get it wrong, they could, in the worst-case scenario, even be shut down", he added. "But even if it doesn't quite get that far, the system of fines is very similar to that in operation under health and safety legislation; in the Crown Court, for instance, fines imposed could be unlimited."

Reminding his audience that the Environmental Protection Act had been introduced in 1990 as an enabling act, John told them that the latest additions to the Act had given it considerably more teeth. "The IPPC regulations and the Contaminated Land regulations cover everything that could possibly have an environmental impact on air, water or land, and are more complex than any previous legislation."

Legislation will affect all companies – large or small – and public sector, too

Although aimed principally at larger chemical companies and sites, the law also applies to the public sector, as well as to smaller enterprises who might not necessarily be aware of or have the resources to comply with the legislation, he went on. Window or carpet cleaners, for instance, might no longer be able to empty their dirty water into the nearest drain, but may have to take it away for disposal at a special site. Meanwhile, even the larger industrial and commercial concerns may suffer, due to the increased demands of the new legislation. Said John:

The legislation now asks for Best Available Technique (BAT) rather than "Best Available Technique Not Entailing Excessive Cost" (BATNEEC), and the requirements of BAT may well impose additional burdens on industry. Companies may find that they are forced to make improvements to their processes and activities sooner than they might normally have done.

Touching on the possible effects of the Contaminated Land regulations, John noted that the overall impact could mean that on relinquishing a site, a company might be compelled to restore it to its former green-field status. As a consequence, site buyers would have to take extreme care when leasing or purchasing property.

Further detailed information on the new legislation was available: the Department of the Environment, Transport and the Regions had published guidelines on its Website, said John, which industry leaders would do well to consult. Another recommended source of information was the Pollution Handbook, published annually by the National Society for Clean Air and Environmental Protection.

John's review was the latest in a regular series designed to provide BCC members with the opportunity of exploring issues of interest or concern to all sectors of the cleaning industry.

The Website of the Department of the Environment, Transport and the Regions is to be found at: www.detr.gov.uk Click on "Pollution Prevention and Control" and "Contaminated Land" for details of the new legislation. The latest version of the Pollution Handbook, published by the National Society for Clean Air and Environmental Protection, is the 2000 edition (ISBN 09347448-4); it is obtainable from the Society, at 136 North Street, Brighton, BN1 1RG. Tel: 01273 326313; Fax: 01273 735802.

For further details of the British Cleaning Council and its member bodies, see the Council's website at: www.britishcleaningcouncil.org