NEBOSH DIPLOMA IN ENVIRONMENTAL

MANAGEMENT

TACKLING THE NEBOSH EXAM

RRC Training acknowledges with thanks the co-operation of NEBOSH in the
production of this booklet.

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 NEBOSH Diploma in Environmental Management – Tackling the NEBOSH Exam

NEBOSH DIPLOMA IN ENVIRONMENTAL MANAGEMENT

TACKLING THE NEBOSH EXAM

SUBJECT PAGE

INTRODUCTION TO THIS GUIDE 3

A NOTE FROM THE AUTHOR 3
ELEMENT 1: PRINCIPLES OF ENVIRONMENTAL RISK MANAGEMENT 11
ELEMENT 2: ENVIRONMENTAL RISK EVALUATION 17
ELEMENT 3: CONTROL STRATEGIES FOR ENVIRONMENTAL RISK 21
ELEMENT 4: MONITORING, REVIEW AND AUDIT 29
ELEMENT 5: DEVELOPMENTS IN ENVIRONMENTAL LEGISLATION 31
ELEMENT 6: ENVIRONMENTAL LEGISLATIVE FRAMEWORK AND METHODS OF
ENFORCEMENT 34
ELEMENT 7: PUBLIC ACCESS TO ENVIRONMENTAL INFORMATION 39
ELEMENT 8: CIVIL LIABILITY IN RELATION TO ENVIRONMENTAL POLLUTION 43
ELEMENT 9: SOLID AND LIQUID WASTES 48
ELEMENT 10: GASEOUS AND PARTICULATE RELEASES TO ATMOSPHERE 55
ELEMENT 11: WATER RESOURCES MANAGEMENT 64
ELEMENT 12: CONTROL OF ENVIRONMENTAL NUISANCE 72
ELEMENT 13: HAZARDOUS SUBSTANCES 78
ELEMENT 14: ENVIRONMENTAL IMPLICATIONS OF DEVELOPMENT AND
LAND USE 82
ELEMENT 15: ENERGY USE AND EFFICIENCY 89

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EXAMINATION SUCCESS
INTRODUCTION TO THIS GUIDE
This guide is intended as an aid for candidates taking the NEBOSH Diploma
in Environmental Management qualification. It focuses exclusively on the
examination.

This guide will assist candidates in understanding the format of the exam,
the type of questions that might be asked and the kinds of answers that are
expected. It will also introduce candidates to some important examination
techniques that can make a huge difference to performance.

This is not a revision guide. It does not contain any course materials and
does not discuss revision techniques or course content other than through
suggested answers to past exam questions. Candidates who would like
further assistance with revision can make use of other RRC resources
produced specifically to address these important issues, including revision
notes and structured revision programmes.

Other sources of information on the Environmental Diploma exam are also

available. NEBOSH publish a Syllabus Guide on the Environmental Diploma
qualification that contains information about the examination process and a
sample exam paper. Candidates who have not already obtained a copy of
this Syllabus Guide are strongly advised to do so. NEBOSH also publish past
exam papers and Examiners’ Reports which make excellent examination
preparation resources. Candidates are advised to check all of their course
materials to identify additional sources of information that might
supplement this guide.

A NOTE FROM THE AUTHOR

Students taking the NEBOSH Environmental Diploma qualification are often
very concerned about the assessments that they have to pass.

And rightly so.

NEBOSH qualifications are not easy to come by and each person who
passes a qualification does so on their own merits. In some ways this
should be very rewarding and reassuring. It represents one of the times in
life when there are no short cuts. Those who succeed deserve their
success.

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But, when you are preparing for the assessment, this higher truth can be
somewhat shrouded in the more immediate practicalities of revision,
preparation and exam nerves.

This may be the first exam you have sat for quite a while. It may also be
your first exposure to the reality of sitting such a lengthy exam.

Ultimately, success in the Environmental Diploma depends on your

performance during just three hours in the exam. This performance will
depend on two key factors:

 How much you can remember about each of the different topics.

 How well you can apply that knowledge in the exam situation.

It is no use being good at one thing without also being good at the other.
Staying calm under pressure and interpreting questions is no use if you do
not have the knowledge in your head to answer the questions (which is the
whole intention of the revision process). On the other hand, having the
knowledge in your head is no use to you if you do not have a good exam
technique and cannot perform well in an exam situation.
The whole purpose of this guide is to focus on that second essential
element of success: examination technique. To do this we will look at
practical guidelines and hints and tips that should be useful in tackling the
exam.

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AN OVERVIEW OF THE EXAM

The NEBOSH Diploma in Environmental Management exam paper has a set
format.

It is exactly three hours long.

Ten minutes’ reading time is allowed before the start of the exam during
which you may read the exam paper but you may not write anything.

The exam contains eight questions of which you must answer five. All are
worth 20 marks.

Your answers should be written into a standard answer booklet, which you
will be provided with before the exam begins. This answer booklet contains
lined A4 paper with a cover. You complete the cover with a few personal
details as instructed and then write your answers inside. There is a space
at the top of each page for you to indicate which question you are
answering on that page.

A sample exam paper can be found in the Guide to the NEBOSH National
Diploma in Environmental Management. Additional past exam papers can
be obtained from NEBOSH, though these are probably less useful to you
than the Examiners’ Reports, which can also be obtained from NEBOSH.
Time Management in the Exam
You should aim to arrive at the exam venue early. Exams are stressful
enough at the best of times. Travelling to get there just in time or, worst
case scenario, arriving late will not help your nerves.

The exam paper clearly states that you have ten minutes’ reading time
before the exam proper starts. You may not write anything during this
time.

The paper consists of eight questions, of which you must answer five. This
equates to 36 minutes for each question. Within this time you should spend
a few minutes writing a plan at the start (this is advisable as when you get
into answering a question you can soon forget something you thought of
earlier which could gain you extra marks) and a few minutes at the end to
review and check your answer for mistakes or extra information you could
add.

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I would recommend that you take a watch into the exam with you. Take
your watch off and put it on the table in front of you. As you start each
exam question write the start time and intended finish time on the exam
paper next to the question. This will mean that you do not need to
remember what time you started or intend to finish because it will be
written down in front of you. As you write your answer make sure that you
check your watch to ensure that you do not run over your proposed finish
time.

If you use this technique and stick to the timings you write down then you
cannot go wrong with time management during the exam. If you do not
have a plan, or if you have a plan but fail to follow it in the exam, then time
management can go horribly wrong.
Time management is critical. Students often run out of time and miss
answering a question or two, which can lose them valuable marks. Don’t let
it happen to you.
Exam Technique
Exam candidates sometimes come unstuck because they do not fully
understand the question that they have been asked. Instead of answering
the question in front of them they answer the question that they THINK is in
front of them. There can be a big difference.

Below is a basic approach that might help with interpretation of the

question:

 Step 1: READ THE QUESTION

Slow yourself down and read the whole question. Read it carefully.
Read all parts of the question - not just the first half, but the whole
thing. There can often be useful clues and memory triggers in the
second half of the question.

 Step 2: LOOK AT THE MARKS

If a question has 20 marks allocated then there must be at least 20

pieces of information that the examiner expects to see for you to win
those marks.

If the question is split into several parts and the marks available for
these parts are indicated in brackets, then this is very useful since it
indicates how much information you should provide, how much writing

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is required and how long you should spend on each part of your
answer.

 Step 3: HIGHLIGHT THE KEY WORDS

The key words are those words in the question which are essential to
understand the question's meaning. So, for example, if the question
was "Define the meaning of the term Environmental Management
System", you could say that the key words are:
− DEFINE – that is what you are being asked to do – provide a
widely acceptable definition of a word or phrase; and
− Environmental Management System – that is the phrase you
are being asked to define.

The verb or action word in each question is quite important. Below are
a few of the most commonly used instructions with an explanation of
their meaning:
− LIST – literally list the words or phrases - no explanation or
description required at all. You are unlikely to get a list-type
question in the Diploma exams.
− STATE – say what it is – there is often no widely recognised
definition. This should not require a huge amount of detail.
− OUTLINE – give the key features of. You need to provide a brief
description of something or a brief explanation of reasons why. A
huge amount of depth and detail is not required.
− DESCRIBE – give a detailed description of what the thing is, what
it looks like, how it works, etc. - frequently used in Diploma
questions. Here a lot of depth is necessary.
− EXPLAIN – give a detailed explanation – reasons why, reasons for,
how it works, etc. Again, this word indicates that a lot of depth is
required – it’s frequently used in Diploma questions.

Note that these are the same words that are used in the NEBOSH
Certificate exams, but here they are being used in a Diploma exam.
Consequently, they do not indicate that exactly the same level of
answer is required. Certificate is a level 3 qualification. Diploma is at
level 6. If you give a level 3 answer to a level 6 question you will not
get the marks. So a question which asks for an outline of an idea in
the Environmental Diploma exam expects a more detailed and precise

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answer than an outline question in a Certificate exam. The

qualification is at a significantly higher level; your answer must reflect
this.

 Step 4: READ IT AGAIN

Just to ensure that you understand its meaning.

 Step 5: PLAN YOUR ANSWER

You should consider jotting down a brief answer plan before you start
to write your answer in earnest.
Answer Planning
You should consider jotting down a brief answer plan before you start to
write your answer in full. The examiner expects to see a logical answer that
has a beginning, a middle and an end. If your answer contains ideas that
are jotted down as they come to mind, the answer will not have a logical
flow and it will not make sense. Answers like this are not easy to read and
they are not easy to mark.
It is not possible (unless you are a very gifted individual) to write long
answers with good logical flow unless you know what you are going to say
first. Hence the answer plan.

For some short answers you can get away with not doing an answer plan.
This is especially true where the question already has a lot of structure and
so the structure of your answer simply follows the order in which the
question is asked.

But structuring your answer is only one of the reasons for writing an answer
plan. The other important reason is that in jotting down key words in your
plan, you start to recall all of the memories associated with those key
words. Planning gives you the opportunity to pause for thought and
remember.

The form that your answer plan should take is entirely up to you. You could
jot down a structured list of key words to show how your final answer will
be structured (rather like the contents page of a book). Or you could simply
jot down the odd word here and there in a random order on the page.
Perhaps one of the best ways of setting out an answer plan is to draw a
mind map. If you have used mind maps as a revision aid then you are
simply repeating what you already know. If you have not used mind maps
for revision, they make excellent planning tools.

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Whatever method you use for planning, do not be concerned about the
appearance of your plan. It is there for you to jot down ideas as they come
to mind and then to structure those ideas. It does not have to look good.

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EXAMPLE QUESTIONS AND ANSWERS

In this section you will find a selection of past Environmental Diploma exam
questions with possible guidelines for answers. For each question there is a
short discussion on interpretation, an outline plan and a suggested answer.
This section has been structured to follow the elements of the
Environmental Diploma syllabus although you should be aware that some
questions require information from two or more different elements of the
syllabus.

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ELEMENT 1: PRINCIPLES OF
ENVIRONMENTAL RISK MANAGEMENT

 Question 1

(a) Identify how manufacturing activities may contribute to causing the

phenomenon known as the greenhouse effect. (14)

(b) Explain how the technique of life cycle analysis may be used to
understand the extent to which a manufactured product contributes to
the greenhouse effect. (6)
Interpretation

The question is in two parts and your answer must be presented in the
same way; an answer to part (a) and an answer to part (b).

Part (a) of the question carries 14 marks, with key words being
‘manufacturing’, ‘contribute’ and ‘greenhouse effect’.

Part (b) requires you to apply the concept of life cycle analysis to the
scenario so key words or phrases are ‘life cycle analysis’, ‘used to
understand’, ‘manufactured product’ and ‘greenhouse effect’. The concept
of life cycle analysis must be applied to the scenario - it is not sufficient to
just give a general description of the process.
Plan

(a) Direct effects (those that come specifically from the site) and indirect
effects (those that occur from raw material and utilities generation,
use and disposal of the product).

(b) Cradle to grave, inventory analysis, interpretation, carbon footprints.

Suggested Answer

(a) For direct effects consider activities that may be occurring on the site
that may emit one or more greenhouse gases. Energy may be being
generated on-site from the use of fossil-fuel-powered generators.
Consider transportation including on-site transportation (forklift
trucks), haulage fleet and employee travel to and from work.

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Greenhouse gases may be emitted from the manufacturing process

itself (e.g. chemical industry). Service emissions may also occur,
such as leakage of refrigerant from an air-conditioning system.
Maintenance activities may involve the use of solvents.

Indirect activities would include use of electricity that has been

generated by the combustion of fossil fuels. Emissions from the
manufacture of raw materials that are used and emissions from the
use of a product (e.g. car) are also relevant. Destruction of carbon
sinks such as forest and soils is easily missed but could also form
part of your answer. Finally, consider the disposal phase – disposal
to landfill of a waste that will biodegrade will cause methane
emissions. Incineration and/or treatment of the waste would also
emit carbon dioxide and other greenhouse gases.

(b) Life cycle analysis may involve an analysis of greenhouse gas

emissions from cradle to grave. Inventory analysis involves making a
quantified estimate of the amount of greenhouse gas emissions from
each phase of the life cycle. Interpretation of the inventory analysis
will involve working out the magnitude of the greenhouse gas
emissions at the phase of the life cycle. Reference could be made to
carbon footprint which is a type of life cycle analysis that constitutes
analysis of just greenhouse gas emissions.

 Question 2

Explain the causes, principles of formation and consequences of the

following air pollution effects:

(a) Greenhouse effect. (5)

(b) Stratospheric ozone depletion. (5)

(c) Acid rain. (5)

(d) Photochemical smog. (5)

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Interpretation

This question has four parts, each of which is worth five marks. Being an
‘explain’ question a reasonable explanation is required in the answer.
Ensure that the causes, principles of formation and consequences of each
are covered. A logical approach would be to use the source-pathway-target
approach for each effect.
Plan

Source, pollutant, pathway, process and effects.

(a) Burning fossil fuels and others; carbon dioxide, methane, etc.;
increase in greenhouse gas layer; trapping heat; rise in sea level,
increase in temperature, change in weather conditions, etc.

(b) Emissions of hydrogen and bromine containing compounds; VOCs,

refrigerants, halons, chlorinated solvents; process of ozone
depletion; increased UV; effects of increased UV.

(c) Emissions of acidic gases; NOX, SO2, HCl; process of formation

(combination with water); effects on vegetation, aquatic systems,
leaching of metals.

(d) Emissions of VOCs; NOX, secondary pollutants mainly ozone; reaction

with sunlight and reactive gases; respiratory problems.
Suggested Answer

(a) Greenhouse effect – caused by increases in greenhouse gases such as

CO2 (from burning fossil fuels), methane (from landfill sites),
refrigerant gases (from refrigeration systems). Such air pollutants
cause the greenhouse gas layer to become more efficient at trapping
heat, exacerbating the natural process. This leads to a global warming
of the atmosphere. Consequences include climate change, sea level
rises, changing weather conditions and effects on agriculture.

(b) Stratospheric ozone depletion – emissions of ozone-depleting

substances (hydrogen and bromine containing), such as refrigerants,
carbon tetrachloride, halons and chlorinated solvents. Ozone layer
acts to absorb harmful ultraviolet radiation. Substances cause ozone
to be transformed into oxygen molecules. Chlorine and bromine are

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not consumed during process and are available to combine with other
ozone molecules. Impacts include skin cancer and damage to crops.

(c) Acid rain – various sources including fossil fuel burning. Sulphur
dioxide (SO2), nitrous oxides (NOX), hydrochloric acid (HCl) emitted to
air. Such gases rise up to atmosphere and combine with water to
produce acids such as sulphuric acid which have a low pH. When
clouds, rain or a mist forms the acid is transferred to the Earth’s
surface. This can have numerous effects such as release of harmful
metal - e.g. aluminium - from soils, damage to limestone buildings,
damage to fish and other aquatic organisms, corrosion of metals and
depletion of nutrients necessary for plants to be healthy.

(d) Photochemical smog – sources include emissions of volatile organic

compounds such as petrol and solvents. React with sunlight and
gases (e.g. nitrogen dioxide) to form a mixture of secondary pollutants
including ozone. Effects include irritation to respiratory systems and
degradation of rubber.

 Question 3

Your organisation is revising its purchasing procedures in order that they

should better reflect health, safety and environmental considerations. In
the form of a memorandum to the Purchasing Manager, outline the
environmental issues that should be addressed when purchasing new
equipment and materials. (20)
Interpretation

This question has no breakdown in term of sections or marks. However, I

would suggest that ten key ideas are required to win all of the available
marks. The question is quite open, allowing many different issues to be
considered. One possible framework would be to consider the life cycle of
the equipment and materials. It tests general knowledge on environmental
issues rather than being specific to a certain type of issue. An outline
question, it requires a brief explanation of each issue.
Plan

 LCA, resource use during manufacture, transportation, impacts during

use, waste issues, hazardous substances, nuisance, etc.

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Suggested Answer

Where appropriate, the need to undertake a life cycle analysis (LCA) of

products may be considered and the supply chain should be checked. The
understanding of the impacts on the environment should also be
considered, such as issues surrounding the use of non-renewable resources,
e.g. consumption and sustainability. The environmental impacts of
transportation could also be considered, e.g. emissions and noise. Impacts
during use of the product could also be considered, such as atmospheric
emissions and energy consumption. Waste issues should also be included,
such as waste produced during use or at the end of life cycle and whether
materials can be reused or recycled. Packaging required and disposal could
also be considered. Other issues might include avoiding products that
contain hazardous substances (e.g. pesticides, cadmium, mercury, etc.) and
any permits or authorisations required to store such substances. In addition
to hazardous substances and by-products, materials with the potential to
cause odour, noise or other nuisances also require consideration.

 Question 4

Explain the principle of a pollution pathway and comment on the

importance of this principle in the assessment of environmental risk arising
from the release of polluting substances into the environment. Illustrate
your answer with examples of typical pollution pathways. (20)
Interpretation

Careful reading of this question is required. It is made up of two parts

(although it is a question that has no official sub-parts), the first requiring
an explanation of the principle of pollution pathways, including
consideration of the importance of the principle when assessing
environmental risk. The second part of the question requires examples of
typical pollution pathways.
Plan

 Pollution pathway principle - source, pathway, receptor, pathway

examples, numerous pathways, organisms’ dual role, bioaccumulation,
effects on pollutants when in pathway (dilution, dispersion,
sedimentation, chemical reactions, evaporation, photodegradation).

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 Assessment of risk – likelihood, exposure/dose, cover all pathways,

predicted no effect concentration, higher risk pollutants (persistence,
high level of toxicity, accumulate in certain media, bioaccumulation).

 Examples of pollution pathways.

Suggested Answer

Pollution pathway principle is based on the understanding that a pollutant

must travel from the source along a pathway to a vulnerable
receptor/target, where it causes harm. If this link is broken then no harm
to the target will occur and the overall risk to the environment will be
minimal.

There are a number of different pathways through which a pollutant can

travel before it reaches the target. A valid example could be pesticide being
sprayed onto land that then gets washed into a river with the water being
drunk by humans and causing harm (the pathways would be air, land and
water).

Organisms can also be pathways as well as targets in their own right. For
example, some heavy metals and pesticides have the ability to
bioaccumulate (build up in the tissue of animals without being excreted).
This leads to a greater level of exposure to humans or other animals that
might ingest organisms in which bioaccumulation has occurred.

When moving through pathways pollutants can be affected by processes

that alter their concentration, e.g. dilution, dispersion, sedimentation,
chemical reactions, evaporation, photodegradation.

Comments on the importance of the pollution pathway principle in

assessment of environmental risk could include the fact that risk is
dependent on the likelihood that a pathway exists between a source of
pollution and a target. The exposure or dose received by the receptor must
be great enough to cause harm in some way. An environmental risk
assessment should therefore consider exposures through all the different
potential pathways, to each potential target group. This is in order to
ensure that the Predicted No-Effect Concentration (PNEC) is not exceeded
(if it exceeds the PNEC then harm is likely).

Some pollutants that are of a higher risk have environmental persistence, a

high level of toxicity, accumulate in certain media (e.g. soils or sediments)
and can bioaccumulate in food chains.

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ELEMENT 2: ENVIRONMENTAL RISK

EVALUATION

 Question 1

(a) Outline the legislation and guidance relevant to the need for an
environmental assessment. (6)

(b) Describe the principal matters that should be considered in the

preparation of an environmental assessment for a proposed new
plant manufacturing chemical fertilisers. (14)
Interpretation

Part (a) of this question requires an outline of the key legislation and
guidance with regards to environmental assessments, so a brief explanation
of these issues is required. For part (b) a fuller explanation is obviously
needed as this is a ‘describe’ question. It is quite an open question. Make
sure that the answer for (b) is relevant to the chemical fertiliser scenario
specified and not just environmental assessment in general.
Plan

(a) EIA Regs (Schedule 1 and Schedule 2 requirements), PPG Notes, EP

Regs.

(b) Screening, scoping statutory consultees, baseline, protected sites,

wildlife, visual, emissions and mitigation, location of processes,
storage and use, preparation of non-technical summary.
Suggested Answer

(a) The Town and Country Planning (Environmental Impact

Assessment) Regulations 1999 (similar laws are in place in
Scotland and Northern Ireland) state that an environmental
assessment must be undertaken for specific types of development,
e.g. those listed in Schedule 1 of the regulations. For such
developments an environmental statement must also be submitted.
For Schedule 2 developments it is the local planning authority who
decides whether an environmental statement is necessary. Further

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guidance on planning assessments is provided in Planning Policy

Guidance Notes.
Environmental assessments are not just required by planning law;
the Environmental Permitting Regulations 2007 also require
assessments as part of the applications process.

(b) There are many relevant issues here, such as the various stages of
environmental assessment, e.g. screening and scoping. Statutory
consultees are required to be contacted and any issues that they
raise should be considered. Findings of the study should determine
the environmental baseline; characterisation of the development
during the life cycle of the building would also be relevant.
Other specific issues might be determining receptors such as
geology, Sites of Special Scientific Interest (SSSIs), Special Areas of
Conservation (SACs), wildlife, archaeology, visual aspects, etc.
Another set of issues could be the impacts of the development, e.g.
visual impact; emissions and mitigation techniques for land, air and
water pollution; emergency procedures; energy emissions (noise,
vibration, heat); and drainage and surface water pollution.
Other issues that might be considered could include location of
processes and possible alternative locations; storage and use of
materials; and preparation of technical and non-technical reports.

 Question 2

(a) With reference to relevant standards, outline the meaning and

purpose of life cycle assessment (life cycle analysis). (6)

(b) By using suitable examples, describe the stages of life cycle

assessment. (14)
Interpretation

For part (a) the answer should provide a brief description of the meaning
and purpose of life cycle assessment (life cycle analysis). This should be
given in the context of the standards that cover LCA.

For part (b) an in-depth explanation of the stages of LCA should be

undertaken. A suitable framework for this answer would be considering the
LCA process from the start to its conclusion.

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Plan

(a) ISO 14040 and ISO 14044, meaning and purpose (products,
comparison, impact on environment, cradle to grave).
(b) Definition of goal and scope, inventory analysis, impact assessment
and interpretation.
Suggested Answer

(a) There are two international standards which could be referenced in

the answer, ISO 14040:2006 Life-Cycle Assessment - Principles and
Framework which provides a clear overview of the practice,
applications and limitations of LCA and ISO 14044:2006 Life-Cycle
Assessment - Requirements and Guidelines which defines how an
LCA should be carried out.

LCA is often undertaken to determine the environmental aspects

and impacts of a product so that it may be compared with other
products in order to determine which has the least overall adverse
impact on the environment. It takes into account the full life cycle
of the product from cradle to grave.

(b) The second part of the question requires a description of each of

the stages of LCA:

 Step 1 - Definition of Goal and Scope

The scope should be sufficiently well-defined to ensure that

the breadth, depth and details of the study are compatible and
sufficient to address the stated goal.

 Step 2 – Life-Cycle Inventory Analysis

This mainly involves data collection, e.g. foreground data (very

specific data, typically data that describes a particular product
system and particular specialised production system) and
background data (for generic materials, energy, transport and
waste management systems).

 Step 3 – Life-Cycle Impact Assessment

Inventory results are linked to physical impacts on the

environment. There are three phases:

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− Classification and characterisation.

− Normalisation.
− Evaluation or weighting.

In the classification phase, all substances are sorted into

classes according to the effect they have on the environment.
Characterisation provides a basis for aggregation of inventory
results within all the categories.

Normalisation enables a better understanding of the relative

size of an effect. Each effect calculated for the life cycle of a
product is benchmarked against the known total effect for this
class.

In the evaluation phase the normalised effect scores are

multiplied by a weighting factor representing the relative
importance of the effect.

 Step 4 – Life-Cycle Interpretation

Interpretation is likely to involve a review of all elements of

the LCA process, checking that these have been systematic
and that assumptions made are consistent. A report will also
be produced.

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ELEMENT 3: CONTROL STRATEGIES FOR

ENVIRONMENTAL RISK

 Question 1

A manufacturing company intends to include environmental awareness

issues in the company’s induction training programme.

(a) Outline the environmental content that should be included in the

induction training programme. (12)

(b) Explain ways in which all employees might be encouraged to adhere

to the company’s environmental procedures. (8)
Interpretation

Part (a) is quite an open question which requires a short description of all of
the relevant issues. The answer should be relevant to a manufacturing
company.

Part (b) takes a little more thought. The key words and phrases are
‘explain’, ‘employees’, ‘encouraged to adhere’ and ‘environmental
procedures’. You need to try to explain how adherence to procedures can
be achieved.
Plan

(a) Policy, significant aspects and impacts, legal issues, benefits,

procedures, action from not following procedures, responsibilities,
certification.

(b) Senior management commitment, communication, procedures which

are clear and easy to understand, culture, events, campaigns,
financial incentives and disciplinary action.
Suggested Answer

(a) Such issues that might be relevant for induction training include the
company’s environmental policy statement; important
environmental issues that affect the business; significant

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environmental aspects and impacts that occur from various parts of

the business; specific legal requirements; benefits that accrue from
good environmental management practices; the company’s
procedures for environmental protection; actions that may result
from not following procedures (e.g. disciplinary actions);
responsibilities; environmental management certifications such as
the Eco-Management and Audit Scheme (EMAS) or ISO 14001, etc.

(b) Relevant points may include demonstrating commitment at the top

level and managers and directors leading by example. Procedures
must also be effectively communicated to relevant persons and
should be clear and easy to understand. Having a culture where
environmental issues are seen as being important and promoting
involvement through various types of events and campaigns is also
relevant. Financial incentives might be implemented. The use of
disciplinary sanctions or other mechanisms of action to ensure
compliance will also be relevant.

 Question 2

ISO 14001:2004, on environmental management systems, requires an

organisation to identify its significant environmental aspects. Explain what
is meant by this phrase and how significant aspects may be identified. Use
appropriate examples in your answer. (20)
Interpretation

Although this is a 20-mark question there are really two parts to it. The first
is to explain the phrase ‘significant environmental aspects’ and the second is
to explain how significant environmental aspects may be identified.
Plan

Change in environment, control and influence, examples, abnormal,

emergency, environmental concerns, business concerns, risk assessment
process (screening, above threshold significant), LCA, EIA.
Suggested Answer

Significant environmental aspects are those activities, products or services

that may cause a change in the environment. These aspects must be ones

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that an organisation can either control (such as on-site activities – emissions

from processes, energy and water consumption) or those that it can
influence (such as energy supply and product use). Examples include
products, by-products, inputs to activities (energy, water, raw materials)
and outputs from activities (waste, effluent, noise, vibration). Abnormal
activities (such as those that happen on an infrequent basis – e.g. filling of
bulk storage tank with oil) and emergency scenarios (e.g. fire, spillage)
should also be considered.

When assessing significant aspects both environmental and business

concerns should be considered. Environmental concerns relate to actual
environmental damage, e.g. the scale and frequency of the impact, and
business concerns relate to the implications for the company, e.g. legal
exposure, deterioration in public image, the concerns of stakeholders or
impacts on process efficiency.

Typically a risk assessment process is used to identify significance. This

involves identifying both the likelihood of environmental aspects and the
potential consequences. Initially, this may involve screening aspects using a
ranking system based on business and environmental concerns (as
mentioned previously). The ones that are above a certain threshold score
will be classed as significant.
LCA is also a method of assessing the impacts of the whole life cycle of a
product (in addition to environmental impact assessment, which is used to
determine significant impacts from developments at the planning phase).

 Question 3

Describe the benefits and possible drawbacks to an organisation of

integrating its currently separate systems for health and safety management
and environmental management. (20)
Interpretation

This is a relatively open question. Although it is unlikely that you will want
to describe an equal number of benefits and drawbacks, in order to gain
marks it would be advisable to provide at least a few examples of both. Do
not solely describe cost savings that could accrue from integrating health
and safety and environmental systems.

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Plan

 Benefits – cost-saving, avoiding duplication, operational control

procedures, minimisation of conflicts, emergency response, decision-
making - time reduction, training, audits and other systems.

 Drawbacks – complex documents, lack of ownership, harder to change,

slower to respond, conflicts of interest, difficult to identify information.
Suggested Answer

Benefits include cost savings through reduced administration of the system,

e.g. control of documents. Avoidance of duplication of information in areas
where the two disciplines overlap should also be considered, e.g. this is
relevant to hazardous substances with regards to assessing risks and
providing appropriate storage. Having operational control procedures that
cover the requirements of both disciplines would also be beneficial as it
would reduce paperwork. Control systems could also be designed to take
into account and minimise conflicts between the two issues, e.g. design of a
ventilation system that takes pollutants from an activity to the outside
atmosphere. Emergency response requirements for environmental and
health and safety issues can also be similar so it would make sense to have
one emergency plan rather than separate ones for the two disciplines.
Other benefits would include reduction in decision-making time. Training
could also be integrated with awareness and auditor training being
undertaken once rather than twice (once for each discipline). Audits could
also be combined which would save time and expense and result in a
reduction of the amount of audits when compared to a company possessing
two separate systems. If the integrated system was successful there would
be the potential for integration with other systems, e.g. quality and
investors in people.

Drawbacks may include more complicated documentation systems due to

the increase in the number and type of documents. Those working under
the system could also experience a lack of a sense of ownership.
Additionally there may be some concern with regards to the complexity of
external certification. It is likely that the system would increase in size and
could become harder to change and slower to respond to pressure to
change. There may also be a conflict of interest in roles with managers in
the organisation. It may be more difficult for regulators (e.g. the
Environment Agency) and other interested parties to identify parts of the
system that are relevant.

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 Question 4

BS EN ISO 14001:2004 requires that an organisation establishes objectives

and targets for assessing environmental management performance. Using
suitable examples, explain:

(a) The difference between an objective and a target. (8)

(b) How an organisation should proceed in setting its objectives and

targets. (6)

(c) Actions that should be considered if a target is not likely to be

achieved within the specified time period. (6)
Interpretation

This question should be answered in the context of an environmental

management system developed to the ISO 14001:2004 standard. It must
also be based on objectives and targets and should be interspersed with
examples.

Part (a) is relatively straightforward to interpret - it requires an explanation

of differences (not similarities) between objectives and targets. So having a
good knowledge of objectives and targets and comparing differences
between the two would be useful.

For part (b) an explanation of the key stages of setting of objectives and
targets is required, as indicated by the word ‘proceed’. The third part
requires an explanation of what could be done if the target will not be met
within the specific timeframe.
Plan

(a) Objectives – long term, linked to policy, examples, targets –

requirements of performance, SMART.

(b) Environmental review/policy, present performance, measures, target

setting.

(c) Data review, corrective measures, project effect changes, target

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revision.
Suggested Answer

(a) Objectives are longer-term goals that are directly linked to

commitments in the company’s environmental policy (which is in
turn based on the issues that are highlighted in the aspects and
impacts analysis). Every significant environmental impact should
have an objective. This might include the provision of awareness
training to all staff. Linked to objectives are targets. Targets are
measurable requirements of performance such as achievement of
80% training of employees by the end of the year. Targets should
be SMART (specific, measurable, achievable, realistic and time-
bound).

(b) The objectives should reflect the information that is discovered in

the environmental review and the requirements of the
environmental policy. Following this, information should be
gathered on the company’s present environmental performance.
The next stage would be to identify the measures that are needed
to improve performance and quantify the effects of the required
improvements (e.g. possibly using key performance indicators).
The last stage would be setting targets to ensure that objectives
are to be achieved within the resources and economic constraints
of the organisation.

(c) If targets are not likely to be met the organisation could consider:

 Checking and reviewing performance data associated with the

target to highlight trends or weaknesses.

 Determination of other measures to ensure that performance

is improved (corrective actions).

 Project into the future the results of the change implemented

to ensure that the likely level of performance is in compliance
with the target.

 Decide whether to rewrite the target to increase the

timeframe or decrease the level of improvement in
performance.

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 Question 5

Describe the main features and requirements of the Eco-Management and

Audit Scheme (EMAS). (20)
Interpretation

A relatively simple question to interpret. A description of the key parts and

requirements of the EMAS is required. Although very similar to ISO 14001,
your answer should ensure that the requirements of EMAS are quoted.
Plan

Date, EU Regulation, all organisations, voluntary, initial review, policy,

planning, implementation, checking and corrective action, audit cycle,
management review, certification, environmental statement, independent
validation.
Suggested Answer

The Eco-Management and Audit Scheme was established by an EU

Regulation aimed at businesses of all types improving their environmental
performance. EMAS is a voluntary scheme being open to both private and
public sector organisations within the EU.

The key requirements of the standard are (from policy to review these meet
the requirements of ISO 14001:2004):

 Initial environmental review has to be produced.

 Environmental policy with provisions for compliance with environmental

law and commitments to prevention of pollution and continual
environmental improvement.

 Planning covering elements identified in the review.

 Implementation that includes involvement of employees and

compliance by contractors and suppliers.

 An audit cycle of at least three years covering environmental

performance forms part of checking and corrective action.

 Management review (taking into account various sources of information

such as results of audits).

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 Certification as part of an approved accreditation scheme.

 A publicly available environmental statement must be produced in line
with the requirements in Annex III of the EMAS regulation.

 The statement must be independently validated.

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ELEMENT 4: MONITORING, REVIEW AND

AUDIT

 Question 1

(a) Identify the aims and objectives of an environmental audit. (4)

(b) Describe the specific issues that should be addressed by an

environmental audit. (16)
Interpretation

Part (a) asks for a brief description of the aims and objectives of an
environmental audit. Clearly just a single aim would not be sufficient.

Part (b) asks for a description of the issues that should be addressed in an
environmental audit. This can apply to any type of environmental audit not
just internal audits (the type that most candidates are likely to have most
experience of undertaking). A good range of issues is required and an in-
depth explanation of just the basic requirements of EMS and internal audits
will not gain marks.
Plan

(a) Variety, legal compliance, EMS - policies and procedures, risk control
systems and procedures, generate awareness of EMS, costs.

(b) Impacts (e.g. waste, air, water), energy efficiency, nuisance, and
management controls.
Suggested Answer

(a) Environmental audits can be undertaken for a variety of issues such

as determining environmental liabilities (due diligence), legal
compliance, etc. This is dependent on the reason why the audit is
being undertaken in the first place. However, the aims and
objectives of most audits are to determine the level of compliance
with legal and other requirements, company policies and
management system standards (ISO 14001). The efficiency and
effectiveness of risk control systems and procedures could also be

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considered. This might involve determining where such procedures

are missing or where current procedures need amending. Audits will
also generate awareness of the environmental management system
to senior management and employees. From a financial point of
view they also may identify cost savings or areas where resources
could be used in a more effective way.

(b) As for issues that could be addressed by an audit there is a very

wide range but these might include:

 Waste management and waste minimisation.

 Water and effluent management.

 Controls for emissions to air.

 Energy efficiency of plant.

 Nuisance issues (noise, light, odour, etc.).

 Management controls including requirements of ISO 14001 (e.g.

aspects and impacts identification and evaluation, training,
documentation, emergency preparedness and response).

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ELEMENT 5: DEVELOPMENTS IN
ENVIRONMENTAL LEGISLATION

 Question 1

Describe the key requirements of the Site Waste Management Plans

Regulations 2008. (20)
Interpretation

This question asks for information regarding the key requirements of a

specific set of regulations (Site Waste Management Plans Regulations
2008). It is quite an easy question to interpret and a hard one to hazard a
guess at. It is not to be confused with environmental management systems
and how waste could be managed on industrial and commercial sites (it only
applies to construction).
Plan

 England only, construction and demolition projects only, £300,000

threshold, responsibilities, £500,000 threshold, review period, aim,
exemptions, contents of a plan.
Suggested Answer

The Site Waste Management Plans Regulations 2008 came into force
in April 2008 and require the preparation and maintenance of site waste
management plans (SWMPs) for specified construction and demolition
projects. The requirements of the regulations are based on construction
projects costing over £300,000. Included in the definition of ‘construction’
under the regulations are new build projects as well as maintenance,
alteration and insulation work and removal of services. The aims of SWMPs
are to reduce the amount of waste produced (recycling, reuse, etc.) and to
ensure that all waste is disposed of in compliance with the law.

The SWMP must be written at the design stage and updated as the project
progresses. The responsibility for completing the plan is shared between
the client and the Principal Contractor. For projects above £500,000 a more
detailed plan is required and it must be reviewed at least every six months.

If a project was initially planned prior to the introduction of the regulations

and work commences before 1st July 2008 then a plan is not required. If

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the site has a Part A activity then there is no requirement to produce a

SWMP.

SWMPs should consider items such as types of waste removed, who

removed the waste (including carrier number), waste description, site of
final disposal/transfer, target for waste stream and actual performance. For
standard plans (for projects above £300,000 but less than £500,000) a less
detailed plan is required. When the project ceases the plan must be
reviewed and retained for two years.

The Site Waste Management Plans Regulations are regulated jointly

by Local Authorities and the Environment Agency.

 Question 2

A chemical manufacturing organisation operates under a Pollution

Prevention and Control permit as a Part A(1) installation. It also operates a
waste sorting and treatment process under a waste management licence.
Under the Environmental Permitting (England and Wales)
Regulations 2007 both the permits and licences have been modified to
become environmental permits.
Write a memorandum to site management to advise them of the key
features of the new environmental permitting regime including reference to
any benefits that the site may gain. (20)
Interpretation

There are two parts to answering this question. Firstly the key features of
the environmental permitting regime need to be provided and secondly the
benefits of the new system need to be referenced. The answer must be
written as a memorandum would be and must be written in the context of
the site in question (already has a Part A(1) Integrated Pollution Prevention
and Control (IPPC) permit and a waste management licence).
Plan

Introduction, purpose, BAT, applications, etc., partial surrender,

combination (one permit), EMS and reporting, standard permits,
competency, punishment increase.

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Suggested Answer

The environmental permitting regime was introduced in April 2008. It

combined around 40 regulations into a single new regulation. This is aimed
at reducing uncertainty as to the type of permit that is required and the
standards to be achieved. In comparison to the previous regimes there is
no change to which types of activities are regulated, who the regulators are
and the best available techniques (BAT) standard that is applied to the
granting of permits.

The mechanism for permit application, variation, transfer and surrender has
been streamlined by the use of a common form. Partial surrender of a
permit is also allowable under the new regulations. The regulations also
allow for possible online submission of application forms.

Both the site’s waste management licence and IPPC permit could be
combined to form one permit at the next review date or if a substantial
change is required. Having a single permit may be beneficial as site
management responsibilities are common across all parts of the site,
meaning that management systems and reporting requirements are
simplified. Opportunity also exists for the site to apply for standard permits
covering waste operations and there is the potential for this to extend to
other types of authorisations in the future, e.g. consents to discharge under
the Water Resources Act 1991 and Radioactive Substances Act
1993.

As the site operates a waste operation the change in the assessment of

competence is relevant with requirements for competency testing and
continuous professional development.

Non-compliance with the EP Regulations can lead to fines that are

increased from previous regimes with fines of up to £50,000 and/or 12
months in prison on summary conviction, and an unlimited fine and/or up to
five years in prison following conviction on indictment.

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ELEMENT 6: ENVIRONMENTAL
LEGISLATIVE FRAMEWORK AND METHODS
OF ENFORCEMENT

 Question 1

A chemical manufacturing organisation operates under a permit issued by

the Environment Agency for a Part A(1) process under the Environmental
Permitting Regulations 2007.

(a) Explain the enforcement options open to the Environment Agency in

the case of non-compliance with the conditions of the permit. (15)

(b) Explain the procedure to be followed by the organisation if they

wish to surrender their permit. (5)
Interpretation

A two-part question with part (a) requiring a clear account of the options
that the Environment Agency has for enforcement of an environmental
permit.

Part (b) requires an account of the set process that is followed upon
surrender of a permit.
Plan

(a) Notices may be served, enforcement notice and content, suspension

notice, revocation notice, pollution remediation, cost recovery,
prosecution.

(b) Application, site report, fee, notice no conditions, notice conditions.

Suggested Answer

(a) The Environment Agency (EA) may serve notices in the cases of non-
compliance with a permit. The EA could serve an enforcement notice
which would state advice, the potential contravention, the remedial
steps to be taken and the timescale for compliance. The process
does not become an offence until the time limit is exceeded and the

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tasks have not been undertaken. Suspension notices can also be

issued, but there must be a serious risk of pollution or actual
pollution must occur. A revocation notice cannot come into effect
until at least 28 days after the notice is issued and specifies action to
be taken to ensure the site is returned to a satisfactory state. The
EA may also remedy the pollution and recover cost from the
operator. The EA also has powers to directly prosecute operators if
there is a breach of permit conditions or if they fail to comply with an
issued notice.

(b) The operator of a permitted process must apply to the regulator (EA)
if they wish to surrender a permit. A site report forms part of the
application and includes a description of any environmental impacts
in comparison to the state of the site when the permit was granted.
A fee is also payable. The EA have three months to determine the
report. If they are satisfied with the state of the site then they will
issue a notice that allows surrender of the permit. If they are not
satisfied then the notice will identify the steps that are required to
return the site to its condition at the granting of the permit.

 Question 2

The potential liabilities arising from non-compliance with environmental

regulatory controls can be significant. Identify and illustrate the ways in
which such non-compliance may adversely affect a business. (20)
Interpretation

This question requires careful reading in order to produce an answer to gain

the full allocation of marks. There are two key action verbs in this question;
‘identify’ requires selection and naming and ‘illustrate’ requires examples to
highlight the scale of the consequences, e.g. scale of fines, level of damage
to reputation. The answer to the question is therefore a combination of the
two for each relevant issue.
Plan

Criminal prosecutions (enforcing authority, private); fines; prison; notices;

orders requiring remediation; clean-up costs; loss of value, property, land or
business; civil law; public image; insurance.

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Suggested Answer

Adverse effects arising from:

 Criminal prosecutions by enforcing authorities.

 Criminal prosecutions from private prosecutions.

 Fines that may occur for serious breaches of the law (may be unlimited
if the case is heard in a Crown Court).

 Prison sentences for Directors and Senior Managers (up to two years’
imprisonment if the case is heard in a Crown Court).

 Serving of notices (suspension, revocation and enforcement).

 Orders requiring work to be completed (may impinge on production

activities and cost can be claimed from the company).

 Clean-up costs for remediating environmental damage (can run into

millions of pounds for serious damage).

 Loss of value of property, land and business.

 Civil prosecutions (claims for damages and injunctions on actions that

cause pollution).

 Poor public image with effects on stakeholders such as regulators and

customers, neighbours (affects sales, future planning permissions,
future relationships with regulators).

 Insurance issues (no coverage for environmental damage unless

sudden and not foreseeable, increase in premiums when covered for an
incident).

 Question 3

A company is proposing development of a new facility for the chemical

treatment of hazardous waste. The proposed system will involve
neutralisation of acidic waste prior to discharge to the foul sewer.

(a) Identify the notification, licensing or permitting requirements that

may apply to the treatment of hazardous waste in this situation. (10)

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(b) Outline the environmental factors that should be considered in

selecting a suitable site for the new facility. (10)
Interpretation

For part (a) of this question a short description of the legally required
notifications, licences or permits that must be gained by the site is required.
This is not to be confused with other more general regulatory requirements
that may be needed (e.g. waste consignment notes). They must also be
relevant to the treatment of hazardous waste.

Part (b) is quite an open question that does not require an in-depth
knowledge of hazardous waste treatment but of the potential environmental
issues that should be considered in choosing a site. To achieve maximum
marks you should consider the likely impacts of any activities that may
occur on the site.
Plan

(a) Environmental permit, COMAH, planning permission, EIA, discharge

consent, hazardous waste notification.

(b) Proximity to generators, proximity to designated sites, ground and

surface water, plants/animals on or near site, transport networks,
contaminated land, treatment works capacity, local residents,
flooding, land stability, planning zones.
Suggested Answer

(a) A wide range of legal requirements may apply to the site. The site
will need to obtain an environmental permit under the
Environmental Permitting Regulations 2007. The permit is
required to treat and dispose of hazardous waste. The Control of
Major Accident Hazards Regulations 1999 may also apply if the
quantities of hazardous substances stored at the site exceed the
threshold levels that are stated in the regulations. Planning
permission for the site must also be gained under the Town and
Country Planning Act 1990. The site is also likely to need an
environmental impact assessment, which requires an environmental
statement to be prepared under the Town and Country Planning
(Environmental Impact Assessment) Regulations 1999 as
part of the planning application. The site must also gain consent to

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discharge trade effluent to the foul sewer under the Water

Industry Act 1991 (it is an offence to discharge trade effluent
without one). The company will need to notify the Environment
Agency if it stores more than 500 kg of hazardous waste on the site
under the Hazardous Waste Regulations 2005.

(b) There are a wide range of environmental issues that should be

considered when selecting a suitable site for the new facility. These
include:

 Proximity to those who generate the waste that is being treated

by the facility.

 Proximity to designated sites such as SSSIs and SACs.

 Location of a sensitivity of groundwater and surface water to

potential pollution occurring at the site.

 Protected plants and animals present on or near to the proposed

site such as great crested newts, bats, etc.

 Accessibility to transport networks and impact upon them from

increased traffic to and from the proposed site.

 Presence of land contamination that may require remediating.

 Capacity of the sewage treatment works to which the trade

effluent will be discharged.

 Facilities available locally for the disposal of solid waste that

could occur from the activities proposed at the site.

 Presence of local residents that could be affected by noise,

odour, etc. originating from the site.

 If the site is located in an area that is at risk of flooding.

 Stability and form of the land.

 Land use zoning in local plans that may constrain development

of industrial facilities.

 Greenfield site that has not been constructed on before.

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ELEMENT 7: PUBLIC ACCESS TO

ENVIRONMENTAL INFORMATION

 Question 1

Non-governmental organisations (NGOs) play an important role in

protecting the environment.

Describe:

(a) The advantages (10)

and

(b) Limitations (10)

of non-governmental organisations in this role.

Interpretation

A good understanding of what NGOs are and what they do is key to this
question. NGOs are organisations that have no links to governments, e.g.
Greenpeace, Friends of the Earth, Royal Society for the Protection of Birds.
Regulators such as the Environment Agency, SEPA, Local Authorities,
Natural England, etc. are not classed as NGOs. To gain full marks it is clear
that a description of the advantages and limitations of the role of NGOs
must be provided.
Plan

 Advantages – independence, public acceptance, past experiences, grass

roots support, good experience of practical environmental
management, innovative, flexible, cost-effective solutions.

 Limitations – poor managerial experience, lack of understanding of

issues, lack of long-term financial stability, less effective internal
communication and co-ordination, answerable to funding bodies,
interventions limited in scale.

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Suggested Answer

(a) Advantages of the role of NGOs in protecting the environment

include the fact that they are totally independent of government
influence and control and as a result are likely to have a greater level
of public confidence and trust. Some are also international
organisations (e.g. Greenpeace) and therefore have experience of
practices in other areas of the world. In comparison to governments
they can more easily confront polluters and highlight unacceptable
practices. They also tend to have good grass roots support and can
promote participatory approaches to managing the environment.
Many also have excellent experience in practical environmental
management and field-based issues. NGOs can also be more
innovative and flexible in their approach in comparison to
governments. They may provide more cost-effective solutions since
they often have limited finance and rely on raising money through
charitable activities.

(b) Limitations of the role of NGOs in protecting the environment might

include the fact that smaller NGOs (they can exist at a local level as
well as international) can be restricted by limited levels of managerial
experience and a lack of understanding of issues faced by large
organisations. Since such organisations rely on charitable donations
they may also be less financially stable in the long term, making
effective planning difficult. There can also be a tendency for less
effective communication and co-ordination within the organisation.
They may also be answerable to funding bodies which can lead to
conflicts of principles. Smaller NGOs may also provide interventions
that are limited in scale and relevant only to a limited local area.

 Question 2

Many organisations produce publically available corporate environmental

reports.

(a) Identify four drivers behind organisations publishing reports on

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their environmental performance. (4)

(b) Outline the typical content of what should be included within an

annual environmental performance report. (16)
Interpretation

Part (a) is reasonably straightforward - you need to identify four relevant

factors in order to gain maximum marks.

Part (b) requires a brief description of what should be included within a

report, i.e. the issues that an organisation might want to report. This is
quite an open question. One approach may be to imagine reading a report
- what would you expect to find from beginning to end? For example, a
description of responsibilities is likely to be the first item you would
encounter.
Plan

(a) Government pressure, EMAS statement, NGO pressure, corporate

governance and supply chain pressure, legal requirement.

(b) Statement about responsibilities, scope, set targets, achievement of

targets, sustainable development, supply chain impacts, product use,
product disposal, air, water, land, waste, resource use, recycling
levels, fines, prosecutions, expenditure, awards, benchmarking.
Suggested Answer

(a) Drivers for corporate environmental reports include government

pressure for disclosure. The Eco-Management and Audit Scheme
(EMAS) also requires that organisations produce an environmental
statement. NGOs and other environmental pressure groups can also
cause companies to produce such reports. Corporate governance
requiring transparency and supply chain pressure may also be
another driver. Some organisations may use such reports to
promote a good environmental image and in some countries it is
actually a mandatory requirement under law (e.g. Denmark).

(b) An annual environmental performance report might include a

statement regarding the organisation’s environmental responsibilities
and identification of the scope of the company’s activities to which

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the report applies. It will also set targets for the forthcoming year in
addition to reporting on performance against targets in the previous
report. It may also highlight the company’s approach to achieving
sustainable development (taking into account social and economic
issues as well as environmental). The report may also include a
description of how the company manages the environmental impacts
of its supply chain and product use and disposal. Compliance with
an Environmental Management System (EMS) standard such as ISO
14001 may also be identified. Often information regarding emissions
to air, water, land; waste production; and resource use is identified.
Other information provided might include recycling levels, fines and
prosecutions, expenditure on environmental issues, environmental
awards gained and benchmarking against other organisations.

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ELEMENT 8: CIVIL LIABILITY IN RELATION

TO ENVIRONMENTAL POLLUTION

 Question 1

In the civil law case of Cam bridge W ater Com pany v. Eastern
Counties Leather plc (1984) , the House of Lords (now the Supreme
Court) unanimously found that the defendant was not liable under the rule
of ‘Rylands v. Fletcher’ for contamination of a water supply borehole.

(a) Describe the origins and principles of, and possible defences to, the
rule of ‘Rylands v. Fletcher’ . (15)

(b) Comment on the implications of the House of Lords’ decision in

Cam bridge W ater Com pany v. Eastern Counties Leather plc
that foreseeability of damage is necessary in establishing liability
under the ‘Rylands v. Fletcher’ rule. (5)
Interpretation

Part (a) requires a description of the background to the case of ‘Rylands v.

Fletcher’, followed by what the judgment actually means from a civil law
perspective in addition to possible defences against an action based on the
case.

Part (b) requires comment on the foreseeability under ‘Rylands v.

Fletcher’. Although an understanding of the Cam bridge W ater
Com pany v. Eastern Counties Leather plc case is required, the
question does not ask for a description of it; you must apply what the
question requires from the case.
Plan

(a) Reservoir construction, leakage to mine, damage, retain things

causing mischief, escape causing damage, strict liability, non-natural,
must escape, damage to land, defences (consent, authorisation by
statute, “Act of God”).

(b) Historical contamination less likely (risk not understood), source-

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pathway-target, contaminated land regime.

Suggested Answer

(a) Fletcher built a reservoir on his land. Subsequently, water escaped

and flooded a mine owned by Rylands. Fletcher had committed a
negligent act as he was not aware that a mine shaft was beneath the
reservoir. The courts determined that a person who for his own
purpose brings onto, collects or keeps on his land something that
may cause mischief must keep it in at his peril. If it does escape he
is liable for all the damages which occur as a result of its escape.
This is a principle of strict liability in that no fault has to be proved to
establish liability. Further cases have amended the ruling with
liability now resting on a non-natural use of the land from which an
escape has occurred – it must be a special case that has inherent
danger. Consideration should also be given to the issue that
mischievous things must escape from the land (not from damage
occurring by someone coming into contact with it while it has not
escaped). Any claim resulting from the case must be for damage
that has accrued from land that is owned by another person.

Rylands v. Fletcher is an extension to tort of nuisance applying to

specific cases.

The main defences under the case are that the person who owned
the land consented to the escape, the action was authorised by
statute law or that the damage was an “Act of God”.

(b) The House of Lords made a ruling that it was necessary to establish
foreseeability of damage for any case made under Rylands v.
Fletcher . The result of this ruling for claims of historical
contamination where the level of knowledge at the time of an
incident was reduced, is that there would be less likelihood of the
case succeeding (unless the risks associated with the activity were
particularly well known and understood at the time). Additionally,
where there is a complicated relationship surrounding the historic
escape of the dangerous thing and damage occurs that is very
remote to the receptor via an indirect pathway, a claim would be less
likely to be successful. This is because knowledge of the source-
pathway-receptor is still relatively recent and embryonic.

Additionally the contaminated land regime imposes liability (in

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criminal law) for pollutants that come from the land.

 Question 2

Residents living close to a factory have been complaining of an intermittent

pungent smell and of a dust that appears to have a corrosive action on the
body work of their cars.

Describe the legal remedies under civil law that might be available to the
residents. (20)
Interpretation

An open question that is designed to determine your understanding of civil

law as applied to both environmental nuisance and pollution. A good clear
understanding of civil law is therefore required. Note that the question asks
for civil law remedies. Criminal law such as the statutory nuisance
provisions in the Environmental Protection Act Part III would not be
relevant in its own right (although may be applied in the context of the tort
of breach of statutory duty). The answer should be based on the scenario
described in the question.
Plan

Civil law torts, negligence, nuisance, rule in Rylands v. Fletcher and

breach of statutory duty.
Suggested Answer

Negligence – for a negligence claim to succeed the residents must establish

proof of causation and that harm has occurred. They must also identify that
they were owed a duty of care, that the duty was breached by the factory
owner (he had not done all that was reasonably practicable to prevent harm
that was foreseeable) and the breach led directly to the harm.

Nuisance - both public and private nuisance may be relevant. The residents
must demonstrate that there has been an unreasonable interference with
their use and enjoyment of the land. Whether the person in question was
of an average sensitivity would be taken into account, as would the general
character of the neighbourhood.

Breach of statutory duty – under the tort of breach of statutory duty it must
be shown that a statutory breach has directly lead to the damage that has

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been caused and that the statute does not specify that such a civil law
action is not allowed. A double-barrelled action may occur for negligence
and breach of statutory duty.

Rylands v. Fletcher – imposes a strict liability on the escape of things that

cause foreseeable harm. The thing that causes harm must not be natural.

Other considerations – injunction and court order may be sought for all of
the above to stop further harm from occurring and compensation for harm
already caused may be applied for. Compensation may be for general
damages (pain, suffering, loss of amenity) and special damages (for
damage to cars and property).

 Question 3

Explain the meaning of the common law torts of private nuisance and
public nuisance, illustrating your answer with examples of situations that
may give rise to an action under these torts, with reference to the possible
defences and remedies available. (20)
Interpretation

A good understanding of nuisance is required to answer this question well.

The answer must also be illustrated with examples of situations that give
rise to nuisances. Defences and remedies must also be provided. The
question asked for explanation of common law nuisance so an explanation
of criminal law nuisance under the Environmental Protection Act 1990
should not be provided.
Plan

 Private – definition, foreseeable, examples, liability factors, defences.

 Public – similarities to and differences from private.

 Remedies – injunction, right to take action, damages.

Suggested Answer

Private nuisance involves an unreasonable interference with a person’s use

or enjoyment of land, or some right over or in connection with it. It must
be foreseeable that actions would be likely to give rise to a nuisance.
Activities that may result in an action under private nuisance include

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encroachment (e.g. landslide), physical damage to land (e.g. migrating

landfill gas causing damage to vegetation), interference with the enjoyment
of property (e.g. noise or odour). Whether a person is liable under the
private nuisance depends on factors such as duration of interference,
sensitivity of the claimant, malice or character of the neighbourhood.
Defences against private nuisance include prescription (carrying on with a
nuisance for over 20 years may legalise it), statutory authority and “Act of
God”.

Public nuisance – similar to private nuisance but there is not a requirement

to have an interest in the land affected and prescription cannot be used as a
defence. Public nuisance is often used for situations such as dust that
settles over a large number of houses, noise from blasting at quarries and
an offensive smell that affects a town centre.

Remedies under nuisance include issue of an injunction. The right to take

action to stop the nuisance may also occur where notice is given to the
person causing it, as long as no unnecessary damage is caused, abatement
is required and it is the action of least cost. Damages may also be paid
under nuisance.

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ELEMENT 9: SOLID AND LIQUID WASTES

 Question 1

Under the Landfill Directive, all non-hazardous waste consigned to landfill

disposal must be pre-treated.

(a) Outline the options that could be considered for pre-treatment of

waste. (12)

(b) Describe the practical measures that could be taken to minimise the
generation of waste in commercial office premises. (8)
Interpretation

An answer to part (a) may cover treatment for both liquid and solid waste.
To gain full marks a brief explanation of a number of treatment methods is
required (rather than an in-depth understanding of the Landfill Directive).

For part (b) the question must be read carefully as it asks for methods to
minimise the generation of waste in an office. A description of the recycling
options for different types of waste is therefore beyond the scope of what
this question actually requires. The answer must also be relevant to wastes
that are produced in an office and not another type of workplace.
Plan

(a) Physical, biological and chemical methods.

(b) Returnable packaging, double-sided printing, paperless office,

cups/plates, cartridges, reuse of paper, washable towels, reuse of
office equipment, purchasing policy, order control.
Suggested Answer

(a) There are many methods that could be used to treat waste prior to
being disposed of to landfill. These could be categorised as physical,
biological and chemical treatments.
Physical treatments might include:

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 Sorting waste to ensure that recyclable or reusable elements are

separated.

 Thermal treatment (e.g. incineration, evaporation).

 Crushing of waste (e.g. waste compaction, baling, etc.).

 Screening.

 Using waste as a fuel (e.g. biofuels).

Biological treatments might include:

 Composting (garden waste).

 Anaerobic digestion (allowing waste to be broken down by

micro-organisms under no/little oxygen condition producing
gas).

Chemical treatments may constitute:

 Neutralisation (e.g. adding an alkali to an acid to ensure that it

is of a neutral pH).

 Sterilisation (e.g. using UV light to destroy pathogens).

 Chemical reactions (to reduce the mobility of heavy metal in the

waste).

(b) Measures to minimise waste include:

 Ensuring that suppliers use returnable delivery packaging.

 Double-sided printing of e-mails and reports.

 Reading from the screen rather than printing (paperless office

practices).

 Washable cups and plates.

 Toner and printer cartridges that are refilled.

 Reuse of surplus paper and card, e.g. for packaging.

 Provision of washable towels rather than paper towels.

 Reuse of surplus office equipment through charities.

 Purchasing policy to require equipment with a long life is

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bought.
 Order control to reduce chances of over purchasing.

 Question 2

Prepare a brief to advise senior managers of a computer printer

manufacturer of how the Waste Electrical and Electronic Equipment
(WEEE) Regulations may apply to the Company. (20)
Interpretation

For this question an in-depth knowledge of the WEEE Regulations is

required. A brief must be produced which outlines the key requirements of
the regulations to the company.
Plan

Background, approved compliance scheme, producer responsibilities,

compliance scheme responsibilities, collector/carriers’ responsibilities,
treatment of WEEE, exemptions.
Suggested Answer

All producers who put electrical and electronic equipment (EEE) on the
market in the UK are responsible for funding the cost of collection,
treatment, recovery and disposal of WEEE from households that is disposed
of at designated collection facilities or returned under an in-store take back
service. All producers must join an approved compliance scheme. Charges
must be paid to EA/SEPA for those who set up such a scheme. A producer
is required to provide the regulator (EA/SEPA) with a declaration of
compliance with evidence supporting it.

A producer is required to mark the EEE with a crossed-out wheelie bin

symbol, producer identification mark and a date mark. They must also
provide information regarding reuse and environmentally sound treatment
for each new piece of EEE that is put onto the market.

Approved compliance schemes are required to register or notify all

producers with the Environment Agency. A compliance scheme operator
has reporting, record-keeping and compliance obligations.

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Persons that collect and/or transport WEEE must ensure that the recycling
or reuse of WEEE is optimised and have a duty to refuse WEEE if it is
contaminated.

A person who treats WEEE must do so at an authorised treatment facility

(ATF) or exporter. Evidence notes showing that the WEEE has been treated
may be issued by the ATF or exporters and may be purchased by operators
of producer compliance schemes.

Exemptions are also in place for those who store or treat WEEE for the
purpose of recovery, reuse or recycling (Waste Electrical and Electronic
Equipment (Waste Management Licensing) Regulations 2006 (and
amendments)).

 Question 3

The Managing Director of a private golf club has instructed the grounds
staff to take a large amount of demolition waste that was left following
recent construction work at the clubhouse and use it to infill a wet hollow in
a field near the golf course that is owned personally by the Managing
Director. The demolition waste includes brick rubble, soil, wood, plaster,
tins of paint and solvent-based adhesives and broken asbestos cement
guttering. A neighbour is concerned about the tipping and has contacted
the Environment Agency, which has no knowledge of the activity.

Compose a letter to the Directors of the golf club, advising them of their
liabilities and those of the company with respect to the deposit of the waste.
(20)
Interpretation

A long question where highlighting the key words will definitely help in
interpretation. Illegal dumping of waste can pose a significant risk to the
environment and health. Waste management is therefore strictly controlled
by the law. This question tests a candidate’s knowledge of relevant legal
requirements, poor publicity, stakeholder concerns and clean-up costs. The
answer should be written in the form of a letter.
Plan

Breach of relevant laws (duty of care, deposit waste, no licence, no carrier’s

registration, waste pollution, protected species, groundwater regulations),

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penalties, personal prosecutions, bad publicity, concern of stakeholders,

clean-up costs, Special Areas of Conservation.
Suggested Answer

Criminal liabilities that may accrue include:

 Breaches of Environmental Protection (Duty of Care)

Regulations 1991 for failure to produce a transfer note, transferring
waste to a non-authorised person and allowing the escape of waste.

 Depositing waste on land without a permit or licence under Section 33

of the Environmental Protection Act 1990.

 Control of Pollution (Amendment) Act 1989 breach for carrying

waste and not being registered.

 If water pollution occurred this could be a breach of the Water

Resources Act 1991 for causing noxious, offensive or polluting
matter to enter controlled water (river, stream, etc.).

 Should any protected species have been affected this could be a breach
of the Wildlife and Countryside Act 1981.

 Groundwater Regulations 1998 may be breached should the waste

enter groundwater.

Potential criminal liabilities may also occur including up to £50,000 and/or

six months in jail on summary conviction and unlimited fine and/or two
years on indictment (five years for hazardous waste). A potential personal
prosecution under the EPA 1990 Section 157 could also occur if the
offence was committed with consent, connivance or neglect of the
Managing Director and/or Board of Directors.
Linked to the above would also be impacts arising from the bad publicity
that the incident would cause, impact on the concerns of stakeholders (e.g.
club members) and clean-up costs (which may cost much more than a fine
that is payable for breaches of the above).

Reference could also be made to the Conservation (Natural Habitats,

etc.) Regulations 1994 under which sites of European importance can be
designated Special Areas of Conservation (SACs).

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 Question 4

Write a memorandum to the facilities manager for a large commercial

office building explaining the main requirements of the Hazardous
Waste Regulations 2005. Your answer should make reference to
examples of typical types of waste produced at commercial offices that
could be classified as hazardous waste. (20)
Interpretation

This question is an ‘explain’ question and some depth is therefore required

in the answer, which should be written in the form of a memo. The key
requirements of the Hazardous Waste Regulations 2005 should be
explained. Reference must be made to specific waste types found in an
office (not a manufacturing or other type of facility).
Plan

Purpose, registration, exemption, contractors, producer responsibility, list of

wastes (absolute and mirror), ban on mixing, consignment note, EWC code,
landfill waste acceptance criteria, examples of hazardous waste.
Suggested Answer

The purpose of the regulations is to implement the EU Hazardous Waste

Directive. Under the system those that produce hazardous waste must
register with the Environment Agency unless exempt from the requirements
of the regulations. A company is exempt from registration if it produces
less than 500 kg of hazardous waste in a year. Contractors that produce
waste at premises may also be registered as producers. The producer of
the waste has responsibility for ensuring that it is classed as hazardous.
This is achieved by comparing the waste against those that are listed in the
List of Wastes Regulations 2005 (annotated by an *).

Absolute entries are those that are always considered hazardous, whatever
the level of hazardous substance they contain. Mirror entries are those
where testing may be required to determine the dangerous properties
against the threshold stated.

There is a ban on the mixing of hazardous waste under the regulations so

hazardous wastes must be kept segregated. Consignment notes are also
used to ensure that a written description of the waste is carried with the

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waste. The consignment notes must indicate the six digit European Waste
Catalogue (EWC) code. If hazardous waste is to be accepted to landfill the
waste must be in compliance with the Waste Acceptance Criteria for the
landfill site (pre-treatment may be necessary).

Typical types of hazardous waste produced by an office might include

computer equipment, fluorescent tubes, oils, batteries, paints, solvents,
asbestos, clinical waste (first-aid treatments).

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ELEMENT 10: GASEOUS AND

PARTICULATE RELEASES TO ATMOSPHERE

 Question 1

(a) In relation to stack emissions, explain what is meant by:

(i) ‘In-situ’ and ‘extractive’ monitoring. (4)

(ii) ‘Continuous’ and ‘periodic’ monitoring. (4)

(b) Describe three quantitative methods that can be used to monitor

stack emissions, identifying the types of pollutant and monitoring
regimes for which each may be appropriate. (12)
Interpretation

Part (a) is quite clear on what is required, i.e. a clear account of the four
terms associated with air-monitoring is needed to gain full marks.

Part (b) requires a basic description of three (and only three) relevant
quantitative methods as well as the types of pollutants each can be used to
monitor and the appropriate monitoring regimes (i.e. in-situ, extractive,
continuous or periodic).
Plan

(a) (i) In-situ (within stack), extractive (sample taken).

(ii) Continuous (continuous measurement) and periodic

(measurement taken at certain frequencies).

(b) Description of technique, types of pollutant, monitoring regime for

any three of the following: gravimetric, gas chromatography, mass
spectrometry, atomic absorption spectrophotometry,
chemiluminescence, electrochemical cells, spectrophotometry.

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Suggested Answer

(a) (i) In-situ monitoring is where measurements are taken directly in

the stack without removing a sample. For extractive
monitoring a sample is taken from the stack and concentrated
for analysis or directly analysed.

(ii) Continuous monitoring (sometimes known as continuous

emission monitoring (CEM)) is usually a static installation that
will provide a continuous measurement of gas concentrations.
Periodic monitoring on the other hand is a short-term sample
that is taken at a regular frequency (e.g. every six months).
CEM is the best method as it provides continuous data and is
more accurate than just taking an extractive sample which,
depending on when the sample was taken, does not identify
short-term differences in emissions.

(b) Any three of the following:

 Gravimetric analysis involves accurately weighing a sample before

and after exposure to the dust or other pollutant. Exposure of
the sample filters will take place for a predetermined time and the
pre-weighed filters will be used to collect the requisite sample,
which will then be weighed again. The gain in weight will
represent the amount of pollutant collected over the period
chosen. This is an extractive and periodic monitoring method.

 Gas chromatography methods can be used for CO2, CO, O2, N2,
N2O, H2, sulphur, nitrogen, halogen compounds and light
hydrocarbons. The gases to be analysed are drawn through a
packed column containing a porous polymer mixture or molecular
sieve, which absorbs the gases. An inert carrier gas, such as
helium, is passed through the column. Each gas has a
characteristic retention time. This is an extractive and periodic
monitoring method.

 Mass spectrometry is an instrumental technique used for the

simultaneous analysis of several gaseous components of a gas
stream. The gas to be analysed is ionised by an electron beam,
producing positively charged molecules and molecular fragments.
These are separated on the basis of their mass to charge ratio

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using, for example, a magnetic sector analyser.

 Atomic absorption spectrophotometry is a widely used method for
the analysis of metals, including heavy metals such as lead or
mercury. It relies on the principle that each element has a
characteristic wavelength when heated in a high temperature
flame. A solution containing the substance to be analysed is
excited through a high temperature flame and a lamp of
characteristic wavelength is shone through the gas stream. The
resultant absorption pattern both identifies and quantifies the
concentration of the metal being analysed. This is an extractive
and periodic method.

 Chemiluminescence is when a chemical reaction produces energy

in the form of light. The technique can be used for
the measurement of various substances and is commonly used for
the measurement of nitrogen monoxide (NO) by introducing it to
an excess level of ozone (O3). The operation of direct-reading
instruments for the measurement of NO/NO2 is based on this
principle. When using this technique for the measurement of
gases, it is usually referred to as ‘gas phase chemiluminescence’.
Ozone is usually generated by the measuring equipment and
introduced into a reaction cell. The sample containing nitrogen
monoxide is then added to the reaction cell. The two gases then
chemically react and light, which is recorded by a photo detector,
is emitted - mainly in-situ and continuous method.

 Electrochemical cells are mainly utilised by portable gas analysers.

Oxygen can be monitored by their use, but they may also be used
to analyse up to six gases simultaneously. The basis of the cell is
a device with an anode, a cathode and an aqueous electrolyte.
The gas sample is led through a thin Teflon membrane that
allows the preferential diffusion of oxygen molecules to a
cathode, where the oxygen is absorbed and then moves to the
electrolyte, where it is ionised and can be measured - extractive
and periodic measure.

 Spectrophotometry uses specific frequencies of light to measure

specific elements/gases. Three main frequencies of light are used
- infrared (IR), visible and ultraviolet (UV). The choice depends
on which part of the spectrum the pollutant’s characteristic
absorption frequency lies on. Sometimes they overlap and it is

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difficult to distinguish between pollutants - extractive and periodic

measure.

 Question 2

Explain the principles of operation of the following types of air pollution

control device, making reference to the categories of pollutant and types of
plant on which it would be used:

(a) Bag filter. (5)

(b) Electrostatic precipitator. (5)

(c) Wet scrubber. (5)

(d) Activated carbon adsorption device. (5)

Interpretation

This question requires a basic explanation of each of the four air pollution
control devices. Part of the question also asks for reference to the type of
pollutants the control device could be used for in addition to the type of
plant it could be used on (so do not forget these two parts of the question
in addition to a description of the device).
Plan

(a) Bag filter – dust, fabric filter, shaking device, collection device, type of
plant (woodworking, foundry).

(b) Electrostatic precipitator – dust, electric forces, wire and corona,

collector plate and rapping, type of plant (any example).

(c) Wet scrubber – droplets, removal, gas stream, types of material

(metallic dusts), plant.

(d) Activated carbon adsorption device – surface retention, forces, large

surface area.

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Suggested Answer

(a) Bag filters (also known as fabric filters) remove dust from a gas
stream by passing through a fabric. The fabric must allow air to pass
through it and remove the dust particles from the air. The layer of
dust which accumulates on the fabric surface is called the filter cake.
With time, more and more pores are closed and the airflow through
the remaining open pores increases. At some point, there are very
few pores left open and the airflow through them may be several
orders of magnitude higher than that through the pores when they
were all open. Bag filter plants employ mechanical shaking devices to
vibrate the bag. Generally the bag is open at the bottom and closed
at the top. The dust-laden air enters the bag at the bottom and
passes up and through the bag to leave the filter plant through vents
at the top. Types of plants they could be used on include
woodworking, engineering, foundries, etc.

(b) An electrostatic precipitator (ESP) is a particulate and droplet-control

device which uses electrical forces to remove particles from a dust-
laden airstream. An area of ionised air molecules is established,
usually around a wire, by maintaining the wire at a very high voltage,
typically 20,000 to 100,000 volts. This region of ionised air molecules
is called a corona. As dust particles flow through the corona, they
collect the ions then they themselves become charged. A plate, called
the collector plate, is maintained at the opposite electrical polarity to
the wire and the particles, so that the charged particles migrate
toward the plate. Removal of dust from the plates is often
accomplished by rapping the top of the plates mechanically using a
hammer or piston. The types of plant this could be used on include
coal-fired boilers, cement kilns, solid waste incinerators, paper mill
recovery boilers, petroleum refining and catalytic cracking units, sinter
plants, basic oxygen furnaces, open hearth furnaces, electric arc
furnaces, coke oven batteries and glass furnaces.

(c) The principle of all wet scrubbers is that water droplets are generated
within the device and particles are captured within the droplets. The
droplets are then removed from the airstream which is now clean.
The droplets are collected as contaminated water and transported out
of the device for treatment or disposal. Wet scrubbing is used to
control sticky emissions which may block filter-type collectors; to
handle waste gas streams containing both particulates and gases; to

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recover soluble dusts and powders and to remove metallic dusts such
as aluminium, which may explode if handled dry. Plants where used
might therefore include food manufacturing (e.g. flour dusts) and
engineering (grinding of aluminium and paint spraying).

(d) The process of adsorption involves the retention of a gas or vapour

molecule on the surface of a particle or droplet. The physical
adsorption utilises the surface forces present on the surfaces of most
solids to attract gas molecules. When these surface forces are
stronger than the intermolecular forces between the pollutant gas
molecules and the air molecules, the pollutant gas molecules will
adhere to the surface of the solid. Activated carbon with many pores
and crevices presents extremely large surface areas to gases.
Activated carbon is so-called because after heating the carbon is
activated to remove the volatile components. In the case of coal, high
temperature steam is used. Such devices have to be regenerated
before they can be used again. The technique can be used to remove
many pollutants, e.g. specialist applications include VOC removal,
dioxins removal and radioactivity. As such the technique can be used
for many types of plant, e.g. wall covering manufacture, metal
finishing, sewage treatment, etc.

 Question 3

(a) Describe the effects that may be caused by emissions of nitrogen

oxides to the atmosphere. (14)

(b) Describe, with the aid of diagrams, two methods that could be
used to quantify emissions of nitrogen oxides. (6)
Interpretation

Part (a) requires a description of the main effects of nitrogen oxides to the
atmosphere. Nitrogen oxides are common pollutants that have many
effects on a range of different receptors.

Part (b) requires a description of two techniques that may be used to gain a
quantitative reading of emissions of nitrogen oxides. Diagrams may be
used to help describe the two techniques chosen.

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Plan

(a) Ground level, respiratory problems, odour, vegetation, acid

deposition (wet and dry) effects (damage to trees, monuments and
buildings, plants and aquatic systems, release of metals),
photochemical smogs.

(b) A description of any two of the following: chemiluminescence,

infrared spectrometry, colorimetry, and ion-chromatography.
Suggested Answer

(a) A description of the main effects of nitrogen oxides is required

including pollution of the air at ground level causing exceedance of
air quality standards. Nitrogen oxides may also cause harm to
human health, for example respiratory damage. Odour causing
nuisance may also occur from emissions. Damage to vegetation by
deposition may also result. Acid deposition (both wet and dry) can
also be formed by nitrogen oxides causing damage to monuments
and buildings, damage to trees, plants and aquatic systems and
causing release of harmful metal in soils (such as aluminium) which
contaminate drinking water. Nitrogen oxide is also involved in the
formation of photochemical smog.

(b) Methods that could be used to quantify emissions of nitrogen oxides

include chemiluminescence, infrared spectrometry, colorimetry and
ion-chromatography.

Chemiluminescence is when a chemical reaction produces energy in

the form of light. The technique can be used for the measurement
of various substances and is commonly used for the measurement of
nitrogen monoxide (NO) by introducing it to an excess level of ozone
(O3). The operation of direct-reading instruments for the
measurement of NO/NO2 is based on this principle. When using this
technique for the measurement of gases, it is usually referred to as
‘gas phase chemiluminescence’.

Continuous monitoring of carbon dioxide, carbon monoxide and

methane is usually undertaken by infrared absorption. Molecules
containing two or more dissimilar atoms display unique absorption
characteristics in the infrared region, the intensity of the absorption

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being equal to the concentration. Many gases can be analysed by

these methods, including carbon oxides, nitrogen oxides, ammonia,
sulphur oxides, hydrogen chloride, etc.

CO2 Molecules

IR Source

Infrared Spectrometry

Colorimetric techniques can be used by reacting the substance to be

sampled with an organic dye and a quantified result obtained by
measuring optical absorption in the UV or visible region.

Gas chromatography methods can be used for CO2, CO, O2, N2, N2O,
H2, sulphur, nitrogen, halogen compounds and light hydrocarbons.
The gases to be analysed are drawn through a packed column
containing a porous polymer mixture or molecular sieve, which
absorbs the gases. An inert carrier gas, such as helium, is passed
through the column. Each gas has a characteristic retention time.

Gas Chromatogram

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The technique for the analysis of liquid samples in aqueous solution

produces similar characteristic spectra, and is the preferred method
for anions such as sulphate, nitrate, chloride, bromide and sulphide.
A similar procedure is used but a liquid, as opposed to a gaseous
eluant is used.

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ELEMENT 11: WATER RESOURCES

MANAGEMENT

 Question 1

A drain valve serving an above-ground fuel oil storage tank at a commercial

garage has been opened by vandals, allowing the escape of several
thousand litres of oil, some of which has entered the site drainage system
that leads directly to a nearby stream. The tank was not protected by a
suitable bund wall and was situated close to a public thoroughfare, across
the forecourt of the garage.

(a) Describe the steps that should be taken to minimise any

environmental pollution that may arise from the incident. (8)

(b) The company has issued a statement to the effect that the valve was
not opened by a company employee and therefore it is not liable for
the resulting pollution. Comment on why, in the circumstances, this
line of argument would be unlikely to provide an effective defence
against a prosecution brought by the Environment Agency for
causing or knowingly permitting polluting matter to enter a controlled
water. (12)
Interpretation

A very long question that requires careful reading. Underlining the key
words is vital in interpreting this question. Part (a) requires a description of
measures that could be taken to minimise pollution resulting from the
incident. It is therefore asking for mitigation measures rather than
measures to prevent pollution (e.g. building a bund wall). Part (b) requires
comment on the effectiveness of the defence that has been put forward by
the company (valve was not opened by one of their employees and they did
not therefore cause the pollution).
Plan

(a) Isolation, containment, sealing drains, tracing drains, booms,

dispersant, notifying EA, notifying sewage undertaker, removing
contaminated material, decontamination.

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(b) WRA 1991, tank provision, foreseeability, vandalism (and lack of

prevention measures), oil storage regulations, guidance, lack of
containment, non-compliance, vandals.
Suggested Answer

(a) The steps that could be taken to minimise pollution from the incident
include:

 Isolating the oil leak to stop further oil from leaking.

 Containing the spill with absorbent material or booms/bunds.

 Sealing drains to prevent further oil from entering them.

 Tracing drains and containing oil within drains where it is found.

 Placing booms across watercourses where oil is found to absorb

the oil.

 Spraying oil dispersant onto the oil that has escaped to a

watercourse.

 Notifying the sewage undertaker if the oil spillage enters the foul
water system.

 Notifying the Environment Agency/SEPA if the oil enters the

surface water system.

 Removing materials contaminated with oil (e.g. contaminated

absorbent material/waste oil) and disposing of them
appropriately.

 Decontaminating all surfaces that have had oil spilled on them.

(b) Under the Water Resources Act 1991 Section 85 it is an offence

to knowingly permit polluting matter to enter controlled water. By
providing an oil storage tank this is a positive act that contributes to
causing an incident. Vandalism is a common offence that is easily
foreseen and was a definite possibility in this scenario. Neglecting to
guard against such vandalism was a serious omission by the
company that is likely to increase the chances of a successful
prosecution under the Water Resources Act 1991.

Additionally oil storage is a known high risk activity to water and the

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Control of Pollution (Oil Storage)(England) Regulations 2001

have requirements for oil storage including ensuring that tanks are
provided with adequate secondary containment (which was not the
case in this scenario). This is backed up by the Pollution Prevention
Guidelines for the storage of oil. The lack of compliance with the
above would also vastly increase the likelihood of a successful
prosecution.

If the vandals had been identified then they could also be prosecuted
for their action in jointly causing pollution to occur at the site.

 Question 2

Your organisation’s water supply costs appear to be excessive. Describe

the actions that could be taken to reduce water bills without the need for
heavy capital expenditure. (20)
Interpretation

This question requires a description of methods that can be used to control

consumption of water that do not require a great capital expenditure. It is
a relatively straightforward question to interpret. However, it must be
ensured that the measures described have no - or very low - financial cost.
Any measures that require a large capital outlay will not gain marks. For
questions such as this a simple listing will not gain full marks - a full
description of relevant methods is required.
Plan

Management, monitoring, patterns of use, action plan, mass balance, staff

awareness, controlling plant, efficient equipment, rainwater, treatment,
evaporative loss, abstraction and leaks.
Suggested Answer

Methods could include:

 Ensuring that management are committed to the process through

development of a formal policy statement and/or improvements to the
company’s management system.

 Monitoring water consumption (this could be achieved by reviewing bills

or installing water meters) and setting targets for water savings.

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 Reviewing current patterns of water use and identifying common trends

and linkages with certain types of high consumption activities (e.g.
cleaning).

 Developing and implementing an action plan to ensure that targets are

achieved.

 Undertaking a water mass balance to determine the inputs and outputs

of water at the site.

 Raising staff awareness through training, briefings, poster campaigns

and suggestion schemes.

 Controlling plant use, e.g. turning off equipment when not in use.

 If cost-effective (as short a payback as possible), replacing equipment

with types that use water more efficiently (e.g. controlled flushing of
urinals).

 Using collected rainwater rather than town water where possible (e.g.
for outside cleaning).

 Treating wastewater from process rather than discharging off-site.

 Lowering process temperature so as to reduce the amount of water

that is lost through evaporation.

 Abstracting water for use at the site (providing a licence is gained for
this to occur).

 Checking for leaks and ensuring that a planned preventative

maintenance system is in place so that they are fixed as soon as
possible.

 Question 3

A factory discharges an effluent into a nearby stream. The Environment

Agency has issued consent under the Water Resources Act 1991.

(a) Explain the management controls that you would expect to be in

place to ensure that the organisation meets the consent conditions.
(15)

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(b) Outline the action the Environment Agency could take if the
organisation were to breach the consent conditions. (5)
Interpretation

The question states that the company is already in possession of consent so

simply explaining that the company needs to apply for consent would not
gain any marks. The term ‘management controls’ is quite broad and can
constitute parts of an EMS provided to ensure that the company meets the
requirements within its consent.
Plan

(a) Monitoring, control of discharges, responsibilities,

training/information, emergency response.

(b) Informal (letter, advice), enforcement notice, appeal, revocation,

anti-pollution works, clean-up costs.
Suggested Answer

(a) Management control could include reference to the following

mechanisms to ensure compliance:

 Monitoring – regular sampling of the effluent prior to discharge

into the stream. Following analysis the results should be
compared against the parameters that are stated in the
consent (e.g. rate of flow, pH, BOD, oil content, etc.). Such
comparisons against the limits in the consent will assist in
identifying trends and any potential breaches of the conditions.

 Control of discharges – having good knowledge of the drains

on the site and where they lead to is vital. A drain plan should
therefore be constructed identifying foul and surface water
drains and where they discharge external to the site. There
should also be some control over discharge into site drainage
inlets. This could be achieved by marking drains (e.g. red for
foul, blue for surface water) and training staff as to what can
be emitted to each.

 Responsibilities – there should be clear and accurate authority

and accountabilities for key actions that need to be undertaken
to ensure consent compliance, e.g. monitoring, control,

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emergency response, etc.

 Training/information – training should be given such that all
relevant staff and third parties (e.g. contractors) are aware of
the system to control discharges.

 Emergency response – in order to ensure that consent

conditions are not breached during an emergency situation it
should be ensured that there are plans for an emergency, e.g.
spillages of liquid materials. This would need to include
identification of the possible emergency, in addition to what is
required when it does occur (links with training). Emergency
plans should also be tested (perhaps by allowing staff to clean
up a spill of a non-hazardous material). Adequate spillage
response equipment such as bunds, absorbent materials, PPE,
etc. should also be provided at appropriate points around the
site.

(b) Actions that could be taken by the Environment Agency include

issuing informal advice or a letter stating the problem and possible
solutions. An enforcement notice could also be issued that would
detail specific measures and a timeframe by which matters should
be put right (right of appeal). Prosecution may also occur against
the company and/or Directors and managers directly. In some
extreme cases the consent may be revoked, meaning that the
discharge to the stream can no longer occur. The EA can also
remedy the pollution and charge the offending company for the
cost of taking such measures (including investigation of the
incident) under the Anti-Pollution Works Regulations 1999.
There are other associated costs that may be incurred, e.g. clean-
up costs.

 Question 4

The Groundwater Regulations 1998 regulate the discharge of listed

substances to groundwater. Explain the main provisions of the regulations.
(20)

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Interpretation

A question that requires a thorough understanding of the Groundwater

Regulations 1998. It is a relatively straightforward question which simply
requires a clear account of the provisions of the regulations.
Plan

 Authorisation (List I and List II).

 List I requirements (reasons for not giving authorisation –

disposal/tipping, indirect discharges (prior investigation)). List I
situations where allowed (geothermal, quarries and mines, civil
engineering).

 List II (reasons for not giving authorisation – disposal/tipping, indirect

discharges (prior investigation), EA monitoring, four-year review,
required format and charges, refusal to grant, further definition of
investigation.
Suggested Answer

The Groundwater Regulations 1998 are enforced by the Environment

Agency through the granting of authorisations for discharges to
groundwater that may contain substances as listed in List I and List II of the
regulations.

The EA cannot give authorisation for any substance that is in List I if the
following circumstances apply: there is direct discharge to groundwater;
disposal or tipping occurs; the substance is likely to contaminate
groundwater; any activity that may lead to an indirect discharge occurs
(unless prior investigation has shown that entry of the substance cannot
occur or the groundwater is not suitable for use on a permanent basis).
There are certain situations where water containing a List I substance is
allowed, e.g. reinjection of water into the same aquifer that has been
abstracted for geothermal power; water that has been pumped from
quarries and mines; water that has been pumped out for the purposes of
civil engineering.

For List II substances an investigation must occur before authorisation is

granted for direct discharge, or any disposal or tipping activity that may lead
to indirect discharge. Authorisation will only be granted if technical
measures have been implemented to prevent pollution of groundwater by
List II substances.

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If an authorisation is granted the EA has a requirement to monitor such

discharges. Authorisations must be reviewed on a four-year basis. The
application for an authorisation must be put in the required format and fees
must be paid.

There are provisions for appeal within the regulations or for refusal to grant
an authorisation. Prior investigation is also defined further such that it
includes an examination of the hydrogeological conditions; the ability of the
soil to remove List I and List II substances prior to entering groundwater, in
addition to the risk of pollution or changing of the constituent quality of the
groundwater from the discharge.

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ELEMENT 12: CONTROL OF

ENVIRONMENTAL NUISANCE

 Question 1

A commercial printing company, situated in a predominantly residential

area, currently operates a day shift only. Having secured new contracts for
printing mail order catalogues, it is now proposed to introduce a night shift.
Describe:

(a) The various sources of night time noise disturbance that could be
caused by the proposed changes. (8)

(b) How the company should assess whether these sources of noise
disturbance could cause complaints from local residents. (12)
Interpretation

Part (a) is relatively straightforward and requires a description (not a list) of

sources of potential noise nuisance at the site. These could be many and
varied.

For part (b) a description of the British Standard BS 4142 is required,

making sure that the answer quotes night time noise.
Plan

(a) Potential sources – traffic, forklift trucks, delivery vehicles,

machinery/equipment, general factory noise, tannoys, radios,
shouting.

(b) BS 4142 – background noise, site noise, difference, comparison with

standard, tonal nature/impact, other issues (e.g. current noise
sources and sensitivity of local residents).

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Suggested Answer

(a) Night time noise is a common cause of nuisance to residents living

near to industrial facilities. There are various noise sources that
could be described, e.g. traffic to and from the site (including
employees’ cars), forklift trucks, delivery vehicles, process machinery
and equipment, noise from the site generally escaping through
doorways and windows, tannoys, radios, employees shouting
instructions.

(b) The company should undertake a noise assessment to determine the

likelihood of complaints being caused by the activities of the
company at night. This could be achieved by following the
requirements of BS 4142 which identifies the method for undertaking
a noise assessment for industrial noise. The steps that would have
to be taken in line with BS 4142 include undertaking measurements
of the level of background noise at night. The noise level of the
plant operating at night should then be taken. The next step is to
determine the chances of noise emissions due to the operation of the
plant. It is then required for the actual increase in noise level to be
assessed against the levels stated in BS 4142 with an increase in 10
dB(A) being likely to give rise to complaints (adjustments may be
required if the noise has certain tonal characteristics and impact
noise). The findings of the assessment should then be evaluated in
the light of other issues such as existing noise nuisance problems
that may be occurring and the sensitivity of the residents in the local
area.

 Question 2

After complaints by local residents, drivers of heavy goods vehicles have

been instructed not to leave their engines running when making warehouse
deliveries at night. Despite the instruction, the problem has persisted. One
of the residents has claimed that the noise and vibration caused them
nervous exhaustion, preventing them from working for several weeks.

Describe the legal actions that may be open to the residents, what would
need to be shown for actions to succeed and the remedies that a court may
find. (20)

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Interpretation

The question requires careful reading so that the key words are highlighted
and understood. It requires a description of nuisance, in particular in
relation to civil law (although statutory nuisance can be quoted also). As
well as a description of possible legal actions, factors influencing the
likelihood of success should also be described, as should the remedies
available to the courts (injunctions, etc.)
Plan

Common law nuisance, private nuisance – balance, factors, public nuisance,

differences from private, description, likelihood of success factors,
negligence, statutory nuisance, remedies (injunctions/orders, compensation
for loss).
Suggested Answer

Common law nuisance violates the principles which the common law lays
down for the protection of the public and of individuals in the exercise and
enjoyment of their rights. A nuisance has also been defined as an act not
warranted by law, or an omission to discharge a legal duty, which act or
omission obstructs or causes inconvenience or damage to the public in the
exercise of rights, the inability to enjoy one’s land or property.

There are two types of civil law nuisance - private and public. Private
nuisances constitute some form of act, or failure to act, on the part of an
individual or group that results in obstruction, inconvenience or damage to
another individual or group. Private nuisance consists of continuous,
unlawful and indirect interference with the use or enjoyment of land, or of
some right over or in connection with it.

Private nuisance is an attempt to preserve a balance between two

conflicting interests. To be successful, the claimant must show that he has
an interest in the land or property, i.e. he is the owner or tenant - visitors,
for example, have no such rights. The exception to this is that in the case
of a child, the parent or guardian may complain on his behalf, e.g. if noise
from premises is keeping a child awake at night.

The court will consider whether the action complained of is reasonable, i.e.
the courts will take into account the extent of the damage, the seriousness
of the harm, the nature of the area, any general benefit to the area from
the defendant’s activity, the duration of the nuisance, any abnormal
sensitivity on the part of the claimant, and whether the nuisance was

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malicious or in the exercise of a right. Unduly sensitive people cannot

expect a higher standard of protection than everyone else.

Public nuisances have a direct effect on the public at large, e.g. obstruction
of a public right of way. This could be applicable to the local residents
mentioned in the question as they are being affected by the noise as a
group.

Actions in respect of public nuisances can be initiated by residents. A public

nuisance can be defined as an act “which materially affects the reasonable
comfort and convenience of life of a class of Her Majesty’s subjects”.

Factors that will influence the likelihood of success include the conduct of
the company, any abnormal sensitivity of the residents (nuisance is not
actionable unless there is proof of damage - the damage must be sensed by
reasonable members of the public and it has to be capable of being seen,
smelled, heard, etc. by more than the defendant), character of the
neighbourhood.

Negligence may also be relevant. Negligence implies a failure to do

something that would be expected in the circumstances (an omission) or
careless behaviour (an act); it is the lack of duty of care.

In order to sue successfully for negligence, there are three main points to
establish:

 That the drivers or the warehouse were under a duty of care to the
local residents (the injured person was the ‘neighbour’ of the
defendant).

 That the duty had been breached (noise was emitted).

 That as a result of the breach the local residents suffered harm, the
harm suffered being not too remote from the breach.

From a criminal perspective the noise may constitute a statutory nuisance

as identified by the Environmental Protection Act 1990 Part III if it can
be shown as being prejudicial to health or a nuisance. The local authority
has powers under the Act to issue an abatement notice stating what should
be done and the specified timescale, otherwise prosecution could occur.

Actions in respect of nuisance and negligence may take the form of a

personal claim for damages and/or the obtaining of an injunction/order to
stop or limit further activities that are causing disturbance.

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 Question 3

A company is planning to construct a new warehouse facility alongside its

adjoining factory. Residents living near to the proposed site have
complained that construction site noise could be a nuisance for them.

(a) Identify typical sources of noise emission that may occur during
construction works. (8)

(b) Explain how section 60 and section 61 of the Control of Pollution

Act 1974 could be used to give the company some protection
against action taken by the local authority under Statutory Nuisance.(1
Interpretation

Part (a) is an ‘identify’ question requiring a very brief explanation of the

noise sources that could cause noise to be emitted from construction.
Visualising the potential activities is the key for this one.

For part (b) an explanation of the relevant sections of the Control of

Pollution Act 1974 is required. This should be in the context of protection
against action by local authorities under statutory nuisance.
Plan

(a) Access, transport on site, piling, tannoys, radios, people, compaction,

mechanical plant, deliveries, tools and equipment, impact noise,
pumping of concrete.

(b) COPA 74 Section 60 – LA issue notice, activities, limits.

COPA 74 Section 61 – advance consent, activities, limits.

BS 5228 (including parts) - defence, individual Magistrates’ Court.

Suggested Answer

(a) There are numerous different noise sources that could occur from
the construction activities, e.g. access to the site, transport on the
site, piling, tannoys, radios, noise from people (e.g. shouting),
compaction (e.g. rollers and vehicles), mechanical plant (e.g.
excavation, mixers), deliveries to the site, tools and equipment (e.g.

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drills and saws) and impact noise from the pumping of concrete.

(b) The Control of Pollution Act (COPA) 1974 Section 60 allows

local authorities to issue notices that state how construction work
should be undertaken and what the limits on noise should be. By
complying with the requirements of the notice the company has a
defence against any further action. Under COPA 74 Section 61 the
company can apply in advance for consent for the method of work,
etc. Compliance with the notice will again give the developer a
defence against further action. BS 5228 provides guidance for
companies to comply with Section 60 of COPA (Parts 1 and 2 cover
guidance for construction generally, whereas Part 4 identifies
requirements for piling). No noise limits are set in BS 5228 but
compliance with the standard is a defence (best practicable means)
under the Control of Noise (Codes of Practice for Construction
and Open Sites) Orders 2002.

An individual may apply to a Magistrates’ Court and the problem may

still be classed as a statutory nuisance even if the development
complies with a Section 60 notice.

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ELEMENT 13: HAZARDOUS SUBSTANCES

 Question 1

As the Environmental Manager to a manufacturing organisation, you have

recently discovered drums of flammable solvent being stored on open land
at the rear of the factory.

(a) Draft a memorandum to the Production Manager explaining why

storage in this manner is inappropriate. (12)

(b) Describe, with the aid of sketches, the main features of an

appropriate storage facility for the drums. (8)
Interpretation

Ensure that the question is closely read. The scenario is about solvents and
not other substances such as oils, acids, etc. Your answer should therefore
be relevant only to the storage of flammable solvents, e.g. oil storage
regulations would not apply. For both parts of the question the answer
should be in the identified format – a ‘memorandum’ for part (a) and
sketches and text for part (b).
Plan

(a) Ignition, leaks and spills, risk of prosecution (including relevant

laws), civil liability, poor publicity, breach of insurance conditions,
EMS certification.

(b) Bunding, base impermeable, design specifications (fire-resistant

building materials, use of non-combustible materials), security,
warning signs, ignition (heat or sunlight), ventilation, separation from
other buildings, emergency equipment.
Suggested Answer

(a) The format of a memorandum should be followed taking into account

issues such as inappropriate storage of the drums, risk of the solvent
in the drums igniting, the risk of leaks and spillages occurring, the
risk of the company being prosecuted (Water Resources Act

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1991) for pollution of water, contaminated land regulations if the

land causes harm or pollution of water, and any relevant waste
legislation (if the solvent is waste). Compliance with the Dangerous
Substances and Explosive Atmospheres Regulations (DSEAR)
2002 also needs to be considered, in addition to breach of permit
conditions if the site has a permit under the Environmental
Permitting Regulations 2007. Civil liability should also be
considered if the situation may be covered by the rule of Rylands v.
Fletcher , negligence, etc. resulting in damages to be paid if the
contents of the drums leads to harm. The incident may also lead to
poor publicity and be a breach of insurance conditions or
environmental management system certification (EMAS or ISO
14001).

(b) In describing and drawing a sketch for the scenario, features should
include bunding to contain any spillage or discharges, a base which
is impermeable to the contents of the drums, design specifications
(fire-resistant building materials, use of non-combustible materials),
features to improve security (e.g. locks, fencing, etc.), warning signs,
methods to protect against ignition (heat or sunlight), adequate
ventilation arrangements, separation from other buildings, provision
of emergency equipment (e.g. fire-fighting materials and sprinklers).

 Question 2

Demonstrate your understanding of each of the following terms in the

context of environmental hazardous substances. Give two relevant
examples to illustrate your answer in each case.

(a) Persistence. (4)

(b) Bioaccumulation. (4)

(c) Ecotoxicity. (4)

(d) Biotransformation. (4)

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(e) Half-life. (4)

Interpretation

This question requires a short demonstration of your understanding of the

terms identified. It must be in relation to environmentally hazardous
substances (not any substances). In order to gain the full marks, in
addition to a description of the term TWO examples should be quoted for
each.
Plan

(a) Persistence – resistance, mechanism, examples.

(b) Bioaccumulation – build up, above background, food chain,

examples.

(c) Ecotoxicity – effects on ecosystem, examples.

(d) Biotransformation – changes, biological process, examples.

(e) Half-life – reduction, 50% concentration, examples.

Suggested Answer

(a) Persistence is the resistance to breakdown of an environmentally

hazardous substance. This may include chemical, physical and
biological mechanisms when under conditions that would normally be
expected. Examples quoted for persistent substances could include
toxic metals (e.g. cadmium) and many chlorinated organic compounds
(e.g. CFCs).

(b) Bioaccumulation is when a substance has the ability to build up within

plants and animals (e.g. tissues and organs) above the usual
background level. This may lead to further accumulation of the
hazardous substance up the food chain. Examples of hazardous
substances that bioaccumulate are mercury, cadmium, pesticides,
polychlorinated biphenyls (PCBs).

(c) Ecotoxicity is when a particular substance has toxic impacts upon one
or more members of an ecosystem. Any environmentally toxic
substances could be referred to as examples.

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(d) Biotransformation is the change of a substance into another substance

by the action of an organism (often micro-organisms). Methylation of
mercury is one example which occurred in the Minimata Bay incident.
Another example might be breakdown of hydrocarbons by micro-
organisms.

(e) Half-life is classed as the amount of time it takes for a substance to be

reduced to 50% of its original concentration. Radioactivity is a good
example, although the concept of half-life could be applied to any
substance.

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ELEMENT 14: ENVIRONMENTAL

IMPLICATIONS OF DEVELOPMENT AND
LAND USE

 Question 1

A company has an oil storage depot close to a marshland area which is a

designated Site of Special Scientific Interest (SSSI).

(a) Outline the ways in which the company’s activities may affect the
SSSI. (10)

(b) Explain the possible consequences the company may face if the
SSSI is adversely affected by its operations. (10)
Interpretation

Part (a) is quite an open question. An outline can be provided of the

numerous ways the SSSI could be affected. It does require broader
thinking to pick up the marks beyond just oil leakage/spillage.

Part (b) requires an explanation of the main statutory controls to protect

rare species and habitats. Also relevant are other regulatory regimes which
could give protection by ensuring that pollutants do not damage the area.
The possible consequences for the company of breaching these provisions
must be explained.
Plan

(a) Emissions to atmosphere, noise, direct damage, land management,

drainage, flooding, pollutant escape, food waste, non-native species,
emergency.

(b) WCA legal, fines, affect SSSI, specific laws, other laws (EP Regs,
WRA 1991, Contaminated Land (England) Regulations),
breaches (notices and clean-up costs).

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Suggested Answer

(a) The ways in which the oil storage depot could affect the SSSI
include:
 Emissions to atmosphere – emissions of toxic substances,
deposition of particulate matter and other pollutants with
accumulation in the soil and sediments of the marshland.

 Noise – may lead to disturbance of the animals in the

marshland affecting breeding, etc.

 Direct damage – litter picking, walking over it and cutting.

 Land management – changes in the land management regime.

 Drainage – drainage or water abstraction that leads to a

lowering of the water table if hydraulically connected.

 Flooding – may occur if there is increased run-off of storm

water (due to tarmacing, concreting the oil storage depot),
blocking of drains, etc.

 Pollutants escape – this may occur into the area through site
drains and overland flow.

 Food waste – presence of food or food waste attracting pests

and associated pest control activities.

 Non-native species – introduction of non-native species.

 Emergency – effects of fires and spillages.

(b) The main legislation covering the situation is the Wildlife and
Countryside Act 1981 (amended by the Countryside and Rights
of Way Act 2000). This gives Natural England (and regional
equivalents) the power to designate an SSSI. They must inform all
owners/occupiers of land that could cause damage to the SSSI. If a
person carries out an operation, without reasonable excuse, that
damages an SSSI then they are liable to a fine of up to £20,000 in a
Magistrates’ Court or an unlimited fine in a Crown Court. It is also
an offence to pick, uproot, injure or kill species protected by the Act
or damage the habitats in which they reside. Some species also
have specific legislation and so are not included under the
requirements of the Act, e.g. badgers are covered under the

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Protection of Badgers Act 1992.

Although the above is the main legislation that should be quoted,

other regulatory regimes may also give protection to the SSSI.
These include contravention of an environmental permit
(Environmental Permitting Regulations 2007); discharges of oil
from the site may be a breach of water pollution legislation (Water
Resources Act 1991) and the Contaminated Land (England)
Regulations (if water pollution and/or harm can be proved).
Breach of the provisions of this raft of legislation may lead to fines,
prohibition notices, revocation notices and recovery of cost for clean-
up of pollution caused.

Additionally there could also be impacts on the corporate image of

the company (through adverse publicity) which could affect the
reputation of the business. There could also be other financial
consequences.

 Question 2

Identify and describe the different pathways through which contaminated

land may affect human and other environmental receptors. (20)
Interpretation

This question is aimed at testing knowledge on contamination occurring if

there is a pathway that links the source to the receptor. Reference to
sources and receptors should only be made in the context of a pathway.
Some pathways are easy to identify (e.g. water pollution, ingestion and
inhalation) but there are other routes also. The question does not ask for
information on legislation and remediation techniques.
Plan

Pathways – leaching/washing, vertical migration groundwater, soil

migration, crops, ingestion soil, and dust transfer, odour nuisance,
flammable.
Suggested Answer

Possible pathways might include:

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 Leaching from the land or being washed into a river, stream or other
surface water and abstraction of the water for drinking water.

 Vertical migration from the land may occur into groundwater which
may be hydraulically connected to surface water and abstracted for
drinking or abstracted directly from groundwater.

 Toxic, flammable and asphyxiant gases may migrate into the soil and
fissures may lead to inhalation and explosion risks.

 Migration may occur through soils and into plastic pipes containing
drinking water.

 Contaminants may be directly taken up by crops which could then be

eaten by animals and people.

 Children and site workers may ingest contaminated soil.

 Dust may be blown from the surface onto agricultural land or be

inhaled.

 Gases and vapours escaping from the land surface may lead to odour
nuisance.

 Flammable materials in the ground may combust, leading to serious

environmental and health and safety problems.

 Question 3

Describe the measures organisations could take to minimise adverse

impacts on plants and animal communities (biodiversity). (20)
Interpretation

This question is not limited by a particular scenario. Marks could therefore

be gained by describing just about any action that could improve
biodiversity (the amount of different plant and animal species in an area).
Plan

Timber, supplies and raw materials, minimising disruption, creating new

habitats, encourage wildlife, control of releases, control of noise and light,
drainage, pesticides, fertilisers, waste, education/information, policies,
biological action plans.

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Suggested Answer

A good answer should describe a selection of the following:

 The purchasing of timber from a location that is managed sustainably
(Forestry Stewardship Council (FSC) certification may be considered).

 Purchasing of supplies and raw materials from sources that are

accredited.

 Ensuring that there is minimal disruption to species and habitats when

developing land for company expansion, etc.

 Creating new habitats during landscaping schemes and using native

plant species that are valuable to local wildlife.

 Facilities that encourage wildlife to exist in the area (e.g. bird boxes,
roosting areas for bats).

 Control of releases to air, water and land that may affect wildlife.

 Controlling issues such as noise and light that may disturb wildlife.

 Creation of new wildlife habitats through the implementation of

sustainable drainage systems.

 Using pesticides and fertilisers such that they do not significantly affect
wildlife.

 Waste containment to stop escape.

 Education and information for staff and others to ensure that they are
aware of wildlife issues.

 Providing finances and assistance to projects that improve biodiversity.

 Policies to promote biodiversity.

 Biological actions plan.

 Question 4

Under Part IIA of the Environmental Protection Act 1990, local

authorities have powers to serve notice requiring the investigation and
remediation of contaminated land.

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(a) Define the criteria that must be met before a local authority can
determine whether the land appears to be ‘contaminated land’. (7)

(b) Explain how a local authority may determine who might be deemed
to be an ‘appropriate person’ in respect of liability for remediation.(13)
Interpretation

Part (a) requires repeating of the definition of contaminated land as near to

the actual definition in the Environmental Protection Act 1990 Part IIA
as can be remembered.

Part (b) requires that the way to assess liability in the DEFRA Circular
01/2006 is explained (Class A and Class B persons mainly).
Plan

(a) EPA 1990, local authority, substances, harm or possibility of harm,

pollution of water, source-pathway-receptor.

(b) DEFRA Circular 01/2006.

Class A – caused/knowingly permitted, pollutant linkages.

Class B – no Class A, owner/occupier.

One or more appropriate persons, Class A and Class B exclusion

tests, investigation methods.
Suggested Answer

(a) The Environmental Protection Act 1990 defines contaminated

land as ”any land which appears to the local authority in whose area
it is situated to be in such a condition, by reason of substances in, on
or under the land, that:

 significant harm is being caused or there is a significant

possibility of such harm being caused; or

 pollution of controlled waters is being, or is likely to be caused.”

The local authority would need to determine whether water pollution

or some kind of harm is occurring from the land. The source-

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pathway-receptor relationship would therefore need to be

determined.

(b) The ‘appropriate persons’ are identified through comparison with two
groups known as Class A and Class B. The responsibilities of these
two groups are identified in DEFRA Circular 01/2006.

Class A includes persons who caused or knowingly permitted

substances to be in, on or under the land in question. Such persons
are responsible for one or more significant pollutant links.

A Class B person is liable if the Class A person cannot be identified

after reasonable enquiry for a specific significant pollutant linkage.
This Class B person is the current owner or occupier of the
contaminated land.

When pollution of controlled waters occurs and no Class A person

can be identified, then there is not an appropriate person (the site is
classified as an orphan linkage). Where there is more than a single
appropriate person for a significant pollutant linkage then a liability
group will be identified with group members’ liability apportioned.

Class A and Class B persons can be exempted from liability to

remediate the land through exclusion tests, e.g. Class A persons are
not liable for contamination from an abandoned mine. Class B
persons are not liable for escape of pollutants from one piece of land
to another or for ‘acting in a relevant capacity’ (such as a bank or
liquidator). Investigation measures to identify who could fall into
either of the classes are also relevant, e.g. historical record searches.

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ELEMENT 15: ENERGY USE AND

EFFICIENCY

 Question 1

The burning of fossil fuels has many impacts on the environment. Explain
the potential impacts of such activities. (20)
Interpretation

An explanation of the impacts on the environment (including human health)

is required in answer to this question. An answer should not concentrate on
just one or two impacts (e.g. climate change) but should discuss a range of
potential impacts from the burning of fossil fuels.
Plan

Acid rain, smog, dwindling resources, health and welfare, deforestation,

climate change, thermal pollution.

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Suggested Answer

 Acid rain - acid gases resulting from fossil fuel combustion combine
with water vapour to create acid rain which corrodes buildings,
damages and kills trees and destroys life in rivers and lakes. Road
transport produces around 51% of acidic oxides of nitrogen (NOX),
while power stations produce 72% of acidic sulphur dioxide (SO2) and
a further 28% of NOX.

 Smog - when gases from vehicle exhausts react with sunlight, smog is
formed over cities, damaging trees and crops and affecting health.
Road transport produces 90% of carbon monoxide (CO) which
contributes most to this effect.

 Dwindling resources - fossil fuels cannot be rapidly reproduced - it

takes millions of years to produce coal, gas and oil and existing
reserves will eventually run out. At current rates of consumption,
proven world reserves for fossil fuel are estimated to be 44 years for
oil, 56 years for gas and 250 years for coal. It has been estimated
that by 2020 energy consumption in the UK will be around 30%
greater than in 1990.

 Health and welfare - energy production from fossil fuels can have
significant effects on health, particularly energy used by transport
which results in traffic fumes. Such emissions have acute effects on
certain people, e.g. streaming eyes, coughing, breathing difficulties
and asthma attacks. Smog can irritate the lungs, cause bronchitis and
pneumonia and decrease resistance to respiratory infections.

 Deforestation - carbon dioxide is taken from the air by vegetation,

which helps regulate the amount of CO2 in the atmosphere. Every
year it is estimated that an area of tropical rainforest one and a half
times the size of England is lost around the world. Some deforestation
involves large-scale burning, increasing global warming further. In
addition to reducing the amount of CO2, trees can help to reduce the
energy demand of buildings by affording shelter from cooling winds.

 Climate change - a number of gases are emitted during the

combustion of fossil fuels with the most significant being carbon
dioxide, which traps heat in the Earth's atmosphere. It has been
estimated that over the past 150 years, the burning of fossil fuels has
caused a 25% increase in the quantity of carbon dioxide in the
atmosphere. Fossil fuels also result in increased concentrations of

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atmospheric methane and nitrous oxide. Since the collection of

reliable records in the latter part of the 1800s, the world’s global
average temperature has risen by around 0.5° Celsius. The IPCC
(Intergovernmental Panel on Climate Change) identified in a 1995
report that “this is unlikely to be entirely natural in origin" and that
"the balance of evidence suggests that there is a discernible human
influence on global climate". Scientists have predicted that if
temperatures continue to increase, glacial melting will cause sea levels
to rise, leading to inundation of low-lying areas such as coastal
wetlands.

 Thermal pollution - fossil fuel combustion for electricity production

results in heat, which is used to generate electricity. As the process is
relatively inefficient, much of the heat is emitted to air or to water that
is used as a coolant. Heated water can have effects on aquatic
systems.

 Question 2

Describe the key features of the European Union Emissions Trading

System. (20)
Interpretation

This question is quite simple to interpret – it requires a description of how

the EU Emissions Trading System works and what its purpose is.
Plan

Purpose, general theory, cap on system, trading, allowances, surplus/less,

comparison emissions limits, Kyoto Protocol, national allocation plan,
monitoring and reporting.
Suggested Answer

Emissions trading is viewed by the EU as a significant tool with which to

decrease greenhouse gas emissions and meet its Kyoto target of 8% below
1990 levels. Emissions trading works on the theory that emission
reductions are carried out where the cost of the reduction is least, therefore
lowering the overall costs of reducing climate change.

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Emissions trading enables regulation of the amount of emissions in

aggregate by setting an overall cap for the system. Companies are,
however, given the power to determine how and where the emission
decreases will be achieved.

Companies involved in the system are given allowances, with each

allowance equivalent to a tonne of carbon dioxide equivalent. Emissions
trading allows companies to emit above their allocation by purchasing
allowances from the market. However, if a company emits below its
allocation it can sell surplus allowances. When compared to regulation
which places strict emission limit values on individual sites, trading of
emissions allows companies to decrease emissions according to their own
individual plan.
The EU Emissions Trading System (ETS) is a European scheme with the
objective of reducing carbon dioxide emissions and mitigating climate
change. The ETS allocates a price on carbon that companies use and
creates a carbon market. The system has been operating since 2005 and
was the first of its kind in the world.

The ETS consists of phases and all member states must produce a National
Allocation Plan (NAP) approved by the EU. Such plans must set an overall
‘cap’ on the sum of emissions allowed from facilities included in the system.
This is converted to allowances, with one allowance being equal to one
tonne of CO2. Installations included within the system must monitor and
report emissions. At the end of the year they must surrender allowances to
account for the installation’s individual emissions. Installations have
flexibility within the system; they can use all or part of their allocation, and
can ‘trade’ allowances by purchasing additional allowances or selling any
extra they have accumulated by reducing emissions below their allocation.

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