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Environmental legal update Early autumn 2018
John Mitchell, consultant, Regulatory

Japanese knotweed case• Two bungalows back on to a railway line

• Railway line is choked with Japanese knotweed• The knotweed encroached on the bungalows’ land but
had not yet caused damage• Network Rail refused to remediate• Owners sued NR in nuisance and succeeded• The court ruled:– No need for actionable damage to be proved– All that is needed is proof of encroachment
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Meaning of the term ‘recovery’ inWFD• Recovery is a concept which plays a large part in theWaste Framework Directive• Also in the Waste Regulations• It appears in the waste hierarchy• Defined in the WFD, but not in case law until now• Neal Soil Suppliers Limited & Others v NaturalResources Wales Ltd• The issue was the point in time at which ‘recovery’ could
be said to have commenced or happened

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EIR decision by ICO• Jargon buster:– Environmental Information Regulations– Information Commissioner’s Office• EIR allows/requires disclosure of environmental
information subject to exceptions• One exception is ‘confidentiality of commercial orindustrial information where such confidentiality isprovided by law to protect a legitimate economic interest’• The decision in Gloucestershire County Council (June2018) now provides guidance
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First enforcement undertaking forodour• Enforcement undertakings are a form of civil enforcementof breaches of certain environmental laws, e.g:
– Breach of environmental permitting regulations– Breach of packaging waste regulations• Most have been for packaging waste and water pollution• This is the first for odour – breach of the odour conditionsof an environmental permit

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ESOS
• EA has published its civil penalties dataset• Includes 15 companies fined for failure to comply withESOS• Total value of penalties = £157k• Highest £45k

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Access to the EU’s REACH database• Jargon buster: Registration, Evaluation, Authorisation &restriction of CHemicals• The REACH process has resulted in a huge database ofknowledge about harmful chemicals• When the UK leaves the EU it will no longer have accessto it• In July Therese Coffey (Environment Minister) suggested
that the simple solution would be to download it• The EU has explained why that would be legally
impossible
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Chemicals after Brexit• HSE will take over the role of ECHA

• UK holders of REACH registrations will have:– Grandfather rights if they provide basic info within 60days– 2 years to make a full application to HSE• UK importers of EEA registered chemicals will:– Be able to continue to import if they provide basic
info within 180 days
– Have to apply for full registration ‘at a later date’
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Environmental legal update Early autumn 2018
John Mitchell, consultant, Regulatory

Beasts and Barbecues

What could businesses do in a changing
climateDr Pete Walton
2 November 2018

What are you planning for?

Adaptation wizard Risk-based approach“I may not have gone
where I intended to go,
but I think I have ended
up where I intended tobe.”(Douglas Adams)

Bathford Mill

Flood managementcase study
portalspaper.com
October 2018
portalspaper.com

PUBLICWe’re very pleased to present to you
today a case study on FloodManagement Planning, including:• Tools we used for the climatechange adaptation risk assessment
and plan

AgendaPUBLIC• Preparing for the beast from theeast!

The newest 300 year old paper millPortals De La Rue

New custodians

PUBLIC•

Epiris acquired the paper business fromDe La Rue plc in early 2018•

Our relationship with De La Rue
remains very positive and we willcontinue to supply them with paper•

Portals name is once again in use•

Proud to be an independent paper
business, entirely dedicated tosupplying the highest quality paper andservice to the world’s leading security
printers.

Overton• Banknote paper• Cotton based operation• Three highly flexible
paper machines• 14,000 tonne capacity

Our locations

Proud to be BritishPUBLICBathford•
High security paper•
Wood pulp operation•
One paper machine•2500 tonne capacity

We take our responsibility to manage
the business in an ethical way seriously• We are proud to be the only dedicatedpapermaker accredited by the BnEI
• All of our employees and suppliers arecommitted to upholding our values andbehaviours

Our responsibilities

Operating ethicallyPUBLIC

Our accreditations

Using best practices and industrystandards• ISO 9001 (Quality)• ISO 14001 (Environment)• ISO 45001 (Health & Safety)• Intergraf CWA 15374 (Security)• PEFC Chain of Custody (Forestry Sustainability)

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PUBLICBathford – flooding risks

Bathford Paper Mill

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PUBLICBathford – flooding risks

Bathford Paper Mill ordinance survey• Very steep hill to south• Brook running alongside
and underneath Mill

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PUBLICBathford – flooding risks

Bathford Paper Mill

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PUBLICBathford – flooding risks

Bathford Paper Mill – greatest flood risk areas

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PUBLICBathford – flooding risks

Events of November 2012…
This is an extract from a report made following a major flood; it was the first time the flood
management plan as it stands today was enacted.
Monday 21st November – ground in area surrounding the site sodden with continuing heavier
downpours predicted together with Environmental Agency flood warnings. Rugby pitch adjacent tosite has some standing water. Water levels in River By together with through mill head rising but still
below level 1 on bridge board. Regular water level checks instigated.

Thursday 22nd November – continuing rainfall with forecast for more heavy rain. On the adjacentrugby pitch water level increasing. Water level board just below level 1 – In light of level and forecast
decision taken to instigate level 1 action and relocate pulp to higher ground / clays together withother items to be distributed to safe areas across the site i.e. prep store area and loading bay. Cores
relocated to spoil area / two trailers requested & received from DJB for additional storage.

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PUBLICBathford – flooding risks

Events of November 2012…
Friday 23rd November – Rainfall had abated but weekend forecast and EA warnings indicated problems
likely to continue into weekend. Rugby pitch under water with level nearing crossbar of posts. Water levelaround level 1 mark / River By bank overflowing at bottom of mill by old entrance footbridge together withfootpath leading to Salle entry door under water. Flooding experienced to side of machine house by fields due
to silt blocking drains and excess water coming off hill field.
Level 1 actions continued including regular river board checks and placement of sandbags to vulnerable
points. Canteen vending machines raised. Decision made to continue production into weekend.

Saturday 24th November – no further actions taken as water levels dropped slightly however expectation
was for further flooding due to predicted rain storm due overnight and high winds.
Sunday 25th November – 9am water ingress into yard / level 2 reached on river board. Water continued torise and when pulp store was breached the decision was made at 11am to cease production, invoking level 2
activity which necessitated raising motors and turning off some electrical supplies.
Water levels continued to rise during the remainder of the day before starting to recede late Sunday.

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PUBLICBathford – flooding risks

Events of November 2012…
Monday 26th November – Waters had receded to the point that pulp store could be cleaned andmotors restored. Boiler was re-fired late afternoon and other cleanup work continued. Production
restarted early hours of Tuesday morning.
General comments
In broad terms the preventative actions instigated were in line with the site flood plan (EProc- EMG3) worked effectively with losses limited to:• Two motors (subsequently determined to require replacement anyway)• Perimeter fence post (x2) damaged
46hrs lost production
Learned lessons
Meeting held 30th November to review record and implement learnings from events of the last week.

30PUBLIC

Bathford – flooding risks

Events of November 2012…
Key learnings:• Revisited the flood management plan (changes in personnel, contact numbers)• Changes in actions between level 1 and 2• Permanent placement of vending machines on plinths (do not underestimate theimportance of a good cup of coffee!)• Person in charge onsite now implements level 2 actions, removing risk of confusion if doing thisby phone to someone at home (i.e. cannot evaluate site personally) – so personal judgement still
plays a part concerning when to trigger an action level.
• Site Security briefings on expectations and escalation process (and on location of keys and codes
for restricted areas) – vitally important to maintain Security• Flood defence barriers, sump pump etc installed• Clean down activities reviewed for thoroughness

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PUBLICBathford – flooding risks

Analysis

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PUBLICSTRENGTHSWEAKNESSESOPPORTUNITIESTHREATS

Adjustments in natural or human systems
in response to actual or expected climatic
stimuli or their effects, which moderate or
exploit beneficial outcomes

ClimateChangeAdaptation
Plans

16PUBLIC- IPCC definition of Adaptation

Bathford – flooding risks

Overton Paper Mill – 2012…
De La Rue Overton Mill climate change adaptation plan was drafted in 2012;
Minimising adverse impacts and identifying our strengths to maximise opportunities to:• Our employees’ health and wellbeing• Our business• Our communities••••

Used BACLIAT Risk Assessment Tool
UKPC09 climate projections (note November 2018 – update to UKPC18)
But not CLARA
Carbon Disclosure Project issued a report on Climate Change Adaptation take-up in business(dated 2012)• Basingstoke and Deane Borough Council Private Water Supplies Risk Assessment in 2013 which
led to an updated section on flood risk
• Paper Sector Climate Change Adaptation Guidance, from the Environment Agency

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PUBLICBathford – flooding risks

The BEAST from the EAST…

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PUBLICExtreme temperatures – how to assess yourvulnerabilities

1. Assess likely temperature thresholds that
could affect the business (staff andprocesses)1. Check that SUPPLIERS have adaptation
measures in place for extreme
temperatures (as do service providers andhauliers)Preparations

The BEAST fromthe EAST

2. Check UK climate change projections(UKCP09)

3. HSE – check workplace temperature
requirements- Paraphrased Environment Agency guidance to the Paper Sector

PUBLICBathford – flooding risks

The BEAST from the EAST…
Key tips:• Keep staff involved – toolbox talk the simple actions that
help keep you safe
• Key staff availability – hire in some 4 x 4 cars and appointcompetent drivers• Staff organised their own alternative travel arrangements• Keep staff informed of weather changes as they happen atwork• Snow days?
• Gritting – preventive!
• Snow clearance – reliable contractors, and also somestaff. Equipment• Fire escapes, steps and stairs
Possibly significant lesson is of resilience – for staff and forthe site37
PUBLIC

General Winter reminders:• Lighting changes (clocks
have gone back – how dark
is it now?)• Emergency lighting, heating• Food and drink for staff thatstay• Sleeping bags
• Showers? Laundries?
• Slopes for FLTs / access toraw materials / movements
of productBathford – flooding risks

Resources:
Health effects from temperature extremes• Thermal comfort• Outdoor working (think about PPE also)• Logistics in cold weather – what to think about
UK Climate projections

HSE website
http://www.hse.gov.uk/temperature/thermal/managers.htm
http://www.hse.gov.uk/temperature/outdoor.htm
http://www.hse.gov.uk/logistics/slips-trips-bad-weather.htm

UKCP18 out November 2018 – available at
http://ukclimateprojections.metoffice.gov.uk
Economic cost – CLARA is available at
http://www.clara-project.eu/services/

Flood risk

Environment Agency Flood web pages
EDgE Project

Risk assessment tools

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UKCIP BACLIAT vulnerability assessment tool can be found athttps://www.ukcip.org.uk/wizard/future-climate-vulnerability/bacliat/