Go Green! Ten tips for coping with environmental regulations

Ed Conybeare, pictured left, a solicitor with Shulmans, is a regulatory specialist in areas including health and safety, environmental and trading standards.  

Going Green is good for business – just ask the big companies. The likes of Marks and Spencer and Tesco know that championing green causes and initiatives makes good business sense and can save money. However, for many smaller businesses who are struggling to cope with an increasing number of new environmental regulations, green issues can be seen as a burden.

As I talk to clients I find that many are overwhelmed by the sheer weight of environmental regulations.  They are concerned about how new laws, such as the smoking ban coming into effect in July, will impact on their businesses. 

Burying your head in the sand is not the answer and could even result in prosecution. However, there are some simple steps that all businesses can take to give them green credentials and help prevent a regulatory crisis.  

Be informed about “hot” environmental regulations

Only 19% of business can name any environmental legislation that applies to them, according to a recent survey,

Regulators continue to be extremely vigilant about the management and disposal of waste, including controlled materials and packaging.  In fact regulations in this area are increasing all the time.

The Integrated Pollution Prevention and Control (IPPC) Directive must be fully implemented in all European Union (EU) member states by October 2007. 

You may require a permit if your production capacity is above a certain level or you use certain hazardous substances.  The system is based upon the use of Best Available Techniques or BAT to prevent or reduce pollution levels.

 The latest environmental regulations are listed on www.netregs.co.uk – a really useful site to bring you up-to-date.  I would recommend making a diary note every couple of weeks to check what is new in your sector.

Identify your activities that will be regulated

Undertake an environmental audit of your business to identify the activities that are covered by regulations. 

This should include: 

• What are you doing with your waste?
• What packaging do you use and how do you dispose of it?
• Do you carry out any hazardous processes that could cause pollution?
• Are there any planning issues relating to your businesses or processes you carry out?
• What are you recycling and could you recycle more?
• What are your carbon emission levels?

Know your regulator

There are certain specific rules that will help businesses to deal with regulations and regulators.  The most important is to know your regulator and then build a relationship with them.

Your regulator might be the Environment Agency or an environmental health officer at your local authority.  So many people see a regulator as the big, bad wolf but that really isn’t the case as most regulators are helpful and respect those business owners who seek them out for advice.

Once you have identified your activities that are affected by environmental regulations then find out who regulates that area and get in touch. It is commonsense to build a relationship with your regulator because it is helpful to discuss ongoing concerns and difficulties with someone you know and trust. 

Keeping the regulator happy

Regulators have to enforce policies and practices and of course they can “bite”.  But keep them happy so they don’t feel that have to see you very often.

If your regulator says you should do something – then do it! I am surprised how often people think they can just ignore a regulator’s instruction, but that is where the trouble starts.

Build a positive relationship with your regulator and listen to its advice.

Consider using an environmental consultant

If you are unsure about how environmental regulations impact on your business it could be worth bringing in an environmental consultant at an early stage to help with a green audit.

They will be up to speed on best green and environmental practice and could actually save you money.  Bringing in an environmental consultant to conduct an audit also conveys a positive business message to your customers and suppliers about your ethics and values.

How to avoid being targeted

I often hear moans about “cowboys getting away with it” and there is a feeling that some regulators target established businesses, possibly seeing them as easy wins.

Regulators are target driven and it can be the case that businesses who are more visible will be targeted.  It can be very difficult to enforce regulations against ‘cowboy’ operators carrying out activities such as fly tipping, being both time consuming and expensive

However, if you follow some simple tips you should avoid being a target: 

• Take a careful look at your own business and be honest – is it complying with relevant regulations?
• Look and think “green”
• Establish contact with regulators and build relationships
• Keep up to date with regulations
• If you require guidance on an environmental issue don’t go immediately to a lawyer – contact your regulator 
• Don’t have off the record conversations with a regulator. Always make sure you record in writing any advice given.   

When to take legal advice

It’s crucial to get early legal advice if you think, or know, that you have committed an offence under environmental regulations.   This is particularly the case if the problem relates to waste, pollution or food hygiene. 

A lawyer will be able to identify the nature of the problem and whether any regulations have been broken. He or she will advise on contacting the regulator and minimising the damage to your business.

Non compliance is damaging

Not complying with environmental regulations can have a huge impact on your business. You risk prosecution and hefty fines and may also face clean up costs running into thousands of pounds. 

In addition, prosecution can be a PR disaster and will inevitably tarnish your reputation.   Last year the Environment Agency found this out at first hand when they themselves were fined £7,500 for polluting the River Exe in Somerset.

Even the judge remarked that it was surprising to find the Environment Agency as a defendant in the dock! 

Government recognition of the problems

The Government is recognising that the sheer weight of regulations is a burden on business – particularly for smaller companies.  They are looking at new initiatives that will result in a better regulatory system following the Hampton Review into business regulation.

Regulators themselves also acknowledge that environmental laws can put  huge pressure on perfectly well-managed and decent businesses.  Enforcement action should be reserved for the very worst offenders.

Useful information

There are some invaluable resources on the internet, including

www.envirowise.gov.uk  which specifically helps businesses with environmental compliance.  

Also useful is the Environment Agency’s own website www.environment-agency.gov.uk

For further information email econybeare@shulmans.co.uk or contact Ed on 0113 2977711

News date 16th February 2007