Fulfil your business' environmental obligations
Every business has an impact on the environment - and legal obligations that it must fulfil. The requirements are relatively simple for businesses such as offices and shops. Businesses in sectors such as chemicals and agriculture need to do more to help control the potential environmental risks.
Meeting your obligations isn't just a legal requirement. It's worthwhile in itself, and helps minimise the likelihood of any environmental problems, costs and damage to your business. Taking a responsible approach to the environment can also reduce the costs of unnecessary waste, strengthen your image and help you win business from less reputable competitors.
1 Identify your key obligations
1.1 Assess the main environmental risks from your business activities.
Typical concerns include use of water, raw materials and energy, producing pollution and emissions, and waste management. Industrial or agricultural businesses may also present specific risks, such as the use of hazardous materials.
You can carry out a risk assessment as part of an overall review of your environmental impact.
Identifying the key risks is a good opportunity to go further than simply meeting your legal obligations. You should look for ways in which improving your environmental performance can directly benefit your business - for example, by reducing energy costs.
Find guidance on key environmental topics for businesses in your sector on the NetRegs website
1.2 Work with your regulator.
Local authorities are responsible for some environmental regulation, particularly for lower-risk businesses such as offices and shops.
The main environmental regulators are the Environment Agency (in England and Wales), the Scottish Environment Protection Agency and the Environment and Heritage Service (in Northern Ireland).
1.3 Check whether you require an environmental permit.
Businesses with a higher risk of causing environmental harm, such as manufacturers and intensive farmers, are likely to require an environmental permit from their regulator.
The permit sets conditions on your activities, aiming to ensure that you use the best available techniques to reduce environmental harm to acceptable levels.
1.4 Consider getting additional advice.
You may need to employ an environmental consultant, particularly if you are in a high-risk industry and need specific guidance. You may have additional obligations that are not covered in this factsheet.
1.5 Make sure you keep up to date.
Even if you are using an adviser, ensure that someone in your business takes overall responsibility for legal compliance.
You can find details of forthcoming changes and sign up for an email update service on the NetRegs website.
Thinking through the requirements of forthcoming changes in the law gives you more time to adapt and a competitive edge against businesses that are slower to react.
2 Manage your waste
2.1 Minimise any packaging you use.
You must also only use packaging that meets environmental standards and can be recovered or reused.
Larger packaging producers will also need to register with their environmental regulator and meet recycling and recovery targets.
2.2 Ensure you store waste appropriately.
You must store waste securely so that it doesn't cause problems (see section 4).
2.3 Dispose of waste properly.
You must use a waste-disposal contractor that is authorised to treat and handle your kind of waste, and disposes of it at a site that has a permit for that kind of waste.
Transfers of waste must be covered by a waste transfer note, and you must keep copies for your records.
Waste being sent to landfill must be treated to reduce its environmental impact - for example, by separating out the waste that can be recycled.
Your waste contractor can help and advise you. Find authorised waste contractors through the NetRegs website
You can also get free advice on waste management from Envirowise. You may also be eligible for a free site visit. Visit the website
2.4 Comply with extra controls on special kinds of waste.
Hazardous waste includes material that presents particular environmental risks (eg batteries, computer monitors and solvents) or can harm health (eg asbestos).
If you produce hazardous waste, check with your environmental regulator whether you are required to register with them.
Hazardous waste may need special storage (see section 4) and must be disposed of separately.
Waste electrical and electronic equipment must also be separately stored and disposed of. You may be able to use a collection scheme provided by the equipment producer. (See section 5.)
2.5 Comply with controls on burning waste.
You may need a permit or exemption to allow you to burn waste. Contact your environmental regulator for advice.
You must not produce "dark smoke" (see section 3) and need to avoid causing a nuisance (see section 4). Some local areas have additional controls which may prohibit burning waste altogether.
3 Control air pollution
3.1 Make sure you have any permits you need.
Activities that produce significant air pollution are likely to require an environmental permit. Contact your environmental regulator.
You may also need an environmental permit if you burn waste.
Get approval from your local authority before installing a new boiler or furnace.
3.2 Ensure that you do not produce unnecessarily dirty smoke.
You must not produce "dark smoke" - for example, by burning inappropriate materials.
Any fuel oil you use must not exceed set limits on sulphur content.
3.3 You must not produce emissions that cause a nuisance to your neighbours.
Potential problems include smoke, dust, smells and noise that prevent your neighbours using and enjoying their own property, or represent a threat to their health.
Whether an emission qualifies as a "statutory nuisance" depends on the circumstances. Emissions are more likely to be a nuisance in a residential neighbourhood.
If you are creating a statutory nuisance, your local authority can require you to deal with the problem. You could face prosecution if you fail to do so.
3.4 You must comply with any additional local controls.
For example, in some local areas all smoke emissions are prohibited.
Your local authority can advise you.
4 Manage water and land contamination
4.1 You must have a consent from your water company to discharge any trade effluent into their sewers.
Trade effluent includes any liquid waste other than clean water and ordinary domestic sewage.
You must comply with any conditions included in the consent. For example, you may only be allowed to discharge certain forms of trade effluent.
4.2 You must have authorisation before discharging trade effluent or solid waste into surface waters or groundwater.
If you dispose of either liquid or solid waste into a local lake or river for example, you must apply to your environmental regulator for authorisation first. Liquid waste is very tightly controlled and must be treated before disposal.
4.3 You must prevent accidental discharges of contaminated water.
You must ensure that storage of potentially harmful substances such as oils and chemicals meets specific requirements. For example, you may need to have a secondary containment system to cope with leaks. Get advice from your environmental regulator or trade association.
You must prevent accidental contamination of groundwater with harmful contaminants: for example, if rainwater running over your premises becomes contaminated. Businesses using pesticides need to work with their environmental regulator to control this risk.
4.4 You must clean up any land you contaminate.
If you fail to do so, you may be served with a remediation notice requiring you to put things right. Continuing to fail may mean that the works are carried out anyway at your expense.
You may be held responsible for contaminated land you own or occupy if whoever caused the contamination cannot be identified.
4.5 You must not use groundwater or surface water without a licence.
You do not need a licence to use small quantities (less than 20 cubic metres per day).
5 Comply with specific requirements
5.1 Get guidance on the key issues for your industry.
You can find guidance on the NetRegs website.
Your trade association, or other organisations you belong to, may offer industry-specific guidance.
5.2 Check whether there are any special requirements for environmentally hazardous substances you use or produce.
Typical requirements include ensuring that the materials are properly stored, used and disposed of. You may need to take steps to avoid accidental contamination (eg by ensuring equipment is properly maintained).
Specific materials to consider include:
- ozone-depleting substances such as refrigerants
- oils
- pesticides and biocides
- solvents
- chemicals
- end-of-life vehicles
- animal by-products
- radioactive materials
5.3 If you manufacture products or import from outside the European Union, check whether there are any additional obligations.
Increasingly, manufacturers and importers have responsibilities for the potential environmental impact of their products.
There are set limits on the use of some environmentally harmful substances, such as heavy metals and solvents.
Under the REACH regulations, manufacturers and importers of hazardous substances typically need to register with the European Chemicals and Health Agency and comply with any restrictions imposed by their regulator, and to provide users with instructions on how to use their products safely.
5.4 Check whether there are any other environmental obligations for your business.
For example:
- Appliance manufacturers must provide energy efficiency labelling.
- Producers or users of significant amounts of dangerous substances must notify the regulator, carry out a risk assessment and produce a major accident plan.
- Producers and users of substantial amounts of packaging must register with their environmental regulator and comply with obligations to recycle and recover packaging waste.
- Most waste management businesses are required to register with their environmental regulator.
SIGNPOST
- Find guidance on your environmental obligations, including guidance on specific topics or for specific sectors, on the NetRegs website
- Sign up to the NetRegs Updates on the NetRegs website
- Get help on improving your resource efficiency and reducing waste from Envirowise
- Get information from the Environment Agency website (for England and Wales) or telephone 08708 506 506
- Get information from the Scottish Environment Protection Agency website
- Get information from the Environment and Heritage Service (for Northern Ireland) or telephone 028 9056 9353
- Environmental incident hotline: 0800 80 70 60
