committed an offence, to give an undertaking to a regulator to take one or more corrective actions set out in the undertaking.
Fixed monetary penalty (FMP): A requirement to pay a monetary penalty of a fixed amount.
Variable monetary penalty (VMP): A requirement to pay a monetary penalty, of an amount determined by the regulator, reflecting the circumstances of the offence.
Third party undertaking: These enable a person, who has received a regulator’s notice of intent to impose a variable monetary penalty for example, to give a commitment to take action to benefit a third party affected by the non-compliance.
Stop notice: A requirement for a person to stop carrying on an activity described in the notice until it has taken steps to come back into compliance
For a very detailed 64 page explanation, follow this link to DEFRA:
http://www.defra.gov.uk/environment/po licy/enforcement/pdf/defra-wag- guidance.pdf or visit; http://www.environment-
agency.gov.uk/business/regulation/1168 44.aspx You will see that various Civil Sanctions can be applied for offences relating to oil and fuel
storage, dispensing, washpads and waste management. Don’t think it won’t happen to you, actions are already being taken by the EA and they are on record as stating; “... initially, we expect to use Civil sanctions, mainly in the water resources and packaging waste sectors, for offences committed in England after 6 April 2010 and in Wales after 15 July 2010.” VMPs (Variable Monetary Penalties) can be as much as £250,000; enough said?
The EA issues PPGs (Pollution
Prevention Guidelines) and these are a most useful resource. It is advisable, if you haven’t already done so, to go online, print off the ones that are relevant to you and retain them on file. I’d suggest the following in relation to the topics covered in this article: PPG 2 (Above Ground Oil Storage Tank), PPG 8 (Safe Storage and Disposal of Used Oil) and PPG 26 (Storage and Handling of Drums and Intermediate Bulk Containers).
David Mears is Joint Managing Director of Highspeed Group Ltd., which operates waste management services throughout mainland UK, produces the ClearWater washpad water recycling system, and supplies separators, sewage plant and bunded oil and fuel tanks. Tel: 0845 600 3572 Web:
www.highspeed.co.uk and
www.clearwatertv.co.uk
“Remember that, along with compliance with legislation, you also have a ‘Duty of Care’ to ensure that your waste is properly disposed of”
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