ENFORCEMENT - 20.09.2010

Environment Agency goes for “light-touch” approach

As part of the government’s efficiency drive, the Environment Agency (EA) is reviewing the way it regulates business, including the possibility of a system of self-certification of compliance. What can you expect from the review?

The age of austerity

The amount of cash central government provides to the EA is likely to be cut significantly in October’s Comprehensive Spending Review and the prospect of charge increases is extremely limited right now. So with strict instructions to cut its spending, the EA is considering ways to streamline its operation. The body has set itself a target of costing at least 25% less than it currently does, without compromising front line services.

How will it achieve this?

The EA expects the biggest savings can be found in the way it regulates business. It has just launched a forum to listen to the views of businesses on how it can improve the way it does things. One of the ideas is to implement a system of business self-certification of compliance, and it wants to work with businesses to develop an approach for using director level assurance (DLA) as part of its regulatory activity (see The next step).

What does it mean?

This is all about securing legal compliance and environmental outcomes at least cost - essentially leaving alone those companies that have historically behaved well and letting them self-certify their environmental performance by using DLA. The EA is setting up a joint working group consisting of EA staff and business people and says it wants to implement the self-regulation concept next April. Companies in the cement, manufacturing, chemicals, waste, water and retail industries are likely to benefit from the relaxed regime.

Note. The group needs to determine where and when DLA will be used as a regulatory approach, including the business types and sectors it will apply to, and how the system will dovetail with other EA sector-based approaches and tools (such as operator self-monitoring).

What it could mean for you?

If you are a well-managed business that has never been in trouble with the EA, this is good news, as you can expect an even lighter touch and reduced bureaucracy in the future. However, if your company doesn’t have a good track record on environmental protection, it’s unlikely the EA will allow you to suddenly start self-regulating your business - so expect little change.

Tip 1. Now is not the time to make the EA aware of your business. If you keep your head down, you’ll be left to it. However, if, for example, you cause pollution, or there’s a complaint made about your premises, you can forget about being put on the “light-touch” list.

Tip 2. Keep up with the paperwork. For example, If you have any environmental permits or consents in place, don’t let them lapse. Failure to submit the necessary paperwork could also see you moved onto the “keep an eye on” list.

Tip 3. Don’t let monitoring of discharge etc. lapse because you could be asked to send in copies of results at any point. If you can’t do this, then an inspector is likely to visit to find out why.

For further information on the EA’s change of approach, visit http://environment.indicator.co.uk (EN 05.04.03).

The EA is working on a director level assurance scheme which will give businesses the ability to self-certify their environmental performance. Only the best performers will be able to do this. To get on this list, keep your business below the EA’s radar, and ensure all paperwork etc. is submitted accordingly.

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