National Oil and Hazardous Substances Pollution Contingency Plan (NCP)

1. Abstract

The introduction of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), is the instigation of the correct and planned method for a effective response towards marine pollution from an oil spill incident. It is pertinent to consider these aspects of a planned response to ultimate the level of response, and install the mechanics towards limiting and reducing effects to the wider marine environment during an incident.
In regards to the prosecution towards the compensatory necessities for a person or organisation The incident must be scrutinised to insure the relevant facts are established, and, where there is legitimate claim, the UK and International Community has in place legally bindings rules and regulations that not only allow for the plaintiff to obtain compensation, but also the reduction in incident occurring.

2. National Contingency Plan

The National Contingency Plan (NCP) states;
After saving human life, the key purpose of responding to a maritime incident is to protect human health, and the marine and terrestrial environment (p. 7. MCA. 2008).
The powers for the implementing of the emergency provision is found in the Merchant Shipping and Maritime Security Act 1997 (the “1995 Act”) where it states within Chapter 28, 8(2)b, Safety Regulations;
“for securing the safety of other ships and persons on them while they are within United Kingdom waters and for protecting the health of persons on ships other than United Kingdom ships while they are within United Kingdom waters.”
And, under 12(3A) of the same act;
“provision imposing on local authorities responsibilities in relation to the preparation, review and implementation of any plans”.
This allows the Secretary of State for the Environment, Transport and Regions (DETR) the function of litigating and minimising pollution effects to the marine environment by powers of intervention (normally controlled by the Secretary of State’s Representative (SOSREP)).

Figure 1.
The Secretary of State for the Environment, Transport and Regions, RT Hon. John Prescott MP.
Image: http://www.archive.official-documents.co.uk/document/cm42/4273/etr.htm

The DETR is responsible for eight agencies, one of them being The Maritime & Coastguard Agency (MCA). Created on 1st April 1998, currently under Chief Executive is Maurice Story. The MCA main responsibilities are minimising loss of life amongst seafarers and marine users, responding in marine emergencies (24hours a day), developing and promoting marine safety to minimise effects form pollution to preserve UK interests.

The NCP also for fills the UKs wider obligations under International Convention on Oil Pollution Preparedness, Response and Co-operation 1990 (the “OPRC Convention”). This international convention, harnessed by the International Maritime Organisation (IMO) and came into force in May 1995, requires agreeing states to implement and establish measures for pollution incidents (the NCP), as well as, the provision for ships to carry ship-board pollution emergency plans and the necessity to report pollution incidents.

A pollution incident can result as from spills from vessels cargo whether carried as bulk or packages. Also, the ships bunkers as well as leaks from oil/gas installations and pipe lines. At this point, the NCP serves as a methodical and calculated response to ensure a timely and effective response to the incident. The NCP takes over, when the ships response capabilities no longer suffice (NCP. 2008). The NCP also sets out the MCAs’ management plans for the assets it uses to tackle problems arising within the marine environment.
Incidents occurring (within UN Convention on the Law of the Sea (UNCLOS), defined UK waters), and as a problem arises, the nature of the incident is filtered to the correct parties be that HM Coastguard (HMCG), Habour Master or HM Coastguards Maritime Rescue Co-Ordination Centre (MRCC) for Scottish Offshore operations. It will also be necessary to inform the Department for Business, Enterprise and Regulatory Reform (BERR) Oil and Gas Division (previously DTi). From here, the NCP moves the MCA through the systematic response management by ascertaining the;
o Details of the incident including,
· location of vessel
· owner of vessel
· weather and tidal conditions
· information on vessel
· control measure already in place
o Level of response necessary
o The setting up of response units
o Salvage rights
o Sea response unit
o Harbour and coastal response units
o Environmental monitoring and advice
o Media interaction
o Finance and Prosecution
o Roles and Responsibilities of Stakeholders and key organisations
· including contact details for said organisation
o International Assistance and Cooperation
o Legal and obligatory rulings and powers

In short, the purpose of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) is to provide the organizational structure and procedures for preparing for and responding to discharges of oil and releases of hazardous substances, pollutants, and contaminants.

3. Training Exercise at Falmouth Marine School

As a group activity, the students of Environmental Policies undertook an experiment to practice and test their ability to react, using the NCP, to an imaginary oil spill incident. The script for the exercise ran through a weeklong even over one day of lesson. The group were given each a role to play within the exercise. Roles were defined by the NCP guidelines (i.e. Shore response, Media etc.).
Within the activity, my particular part was that of Prosecution. This was a tough job considering the main role of the prosecution would take place over the years post the accident, and would allow time to build evidence and ultimately a case, towards prosecution if required.
For the exercise though, certain convenient problems towards the vessel were incorporated to allow a quick and easy addition from the prosecution side to the exercise. The age of the tanker, and the single hull of the vessel meant that under international and European legislation there were suspected breaches in;

o Regulation (EC) No. 417/2002 in “Erika I” on single hull carriers
o International Convention for the Prevention of Pollution from Ships (MARPOL) 73/78 category 1, on single hull carriers
o International Convention for the Safety of Life at Sea (SOLAS) on the Duplication of Steering Gears
o IMOs’ Assembly Resolution A.744(18) on Enhanced Inspections

Finding where and how these transpose into UK legislation would be applicable later, and this be necessary to establish formal compensatory processes.
Within an oil pollution claim the identity of the Vessel is extremely important (Z. Oya özçayir. 1998). And traditionally, ship owners could only be exempted from liability unless they proved that the loss or damage had been caused by an act of God, the King of enemies, a defect in the Cargo or the Packaging thereof or by a general average sacrifice (p125. Z. Oya özçayir. 1998).
The 1969 Convention on Civil Liability for Oil Pollution Damage makes the ship-owner responsible for damage caused by oil spills up to $80m. However, it is important to remember that the International Oil Spill Pollution Compensation (IOPC) Fund will pay up to $180million compensation (less amount paid by owner of vessel) towards damage to bodies affected by a spill. The fund made up by levies in profits per ton by oil companies however, can pay for reasonable clean-up costs, but does not pay compensation for environmental damage (FOE. 2008).
Towards pursuing a claim towards damaged by oil pollution, the claimant would be a person who alleges that he has suffered damage or loss as a result of an oil spill (p. 89. G Gauci. 1997). In English Law, under the International Convention on Liability and Compensation for Oil Pollution Damage 1996, in certain limited circumstances, such a person would have cause of action.

4. References
4.1. Bibliography

Gauci G. (1997). Oil Pollution at Sea, Civil Liability and Compensation for Damage, John Wiley & Sons, 1997, Chichester

Maritime & Coastguard Agency (2008). National Contingency Plan for Marine Pollution from Shipping and Offshore Installations, Maritime & Coastguard Agency, 2008, Southampton

özçayir. Z. Oya. (1998). Liability fir Oil Pollution and Collisions, LLP London Hong-Kong, Mendip Communications Ltd, 1998, Bridgend

4.2 Electronic

Friends of the Earth (FOE). (22.04.2008). Prestige oil spill - Who fits the Bill?, Friends of the Earth, 2008, available at http://www.foe.co.uk/pubsinfo/briefings/html/20021126160752.html

Or go buy a snorkel

Abstract
With the Intergovernmental Panel on Climate Changes’ stating in Climate Change 2001: Synthesis Report, Summary for Policymakers (2001), that they believe that it is likely warming in the 20th Century has contributed to sea level rise, the ensuing effects of this still much argued about process are contentious not only in the origins of the rise, but the method that mankind’s planet stewardship needs to take to tackle the problem.
Cornwall and the Isles Of Scilly, like the rest of the United Kingdom, has to manage this geomorphic, sociologic, economic and ecological change holistically as many of stakeholders in the Cornish environment require the sustainable future for the Cornish coastline The attitude towards this has to distance between Conservation and Preservation. Preserving a fossilised and constantly degrading “wall against the tide”, places unnecessary demands on an already damaged planet. With the expected continuation and possible acceleration of ocean advance (I Sample 04.02.2008), true conservation appears to be the acceptance of change and the planning around it.
In current UK initiatives such as Shoreline Management Plans, policies must recognise that management for change is sustainable management, rather than fight against it.


Intergovernmental Panel on Climate Change (IPCC).(2001), Climate Change 2001: Synthesis Report, Summary for Policymakers, An Assessment of the Intergovernmental Panel on Climate Change, IPCC, 2001, London

Sample I. (04.02.2008). Sea level rise doubles in 150 years, The Guardian, November 25th 2005, Guardian Unlimited, 2008, available at http://www.guardian.co.uk/science/2005/nov/25/frontpagenews.research


SEA LEVEL RISE IN CORNWALL
In the State of the Cornish Environment (2002), the Centre for Climate Change Impact Forecasting (C-CLIF) stated that it anticipates that in 2050 Cornwall can expect sea-level rises of around 0.2-0.8m (based on mean water expansion by warming of the ocean water temperature).
Many of the figures floating around the scientific world currently place this as quite a conservative estimate. In Dinyar Godrejs book Climate Change (2001), he has suggested that adding the increased levels by ice sheet depletion could raise that level considerably. Indeed, in other parts of the UK the issue of sea level rise is so immediate, and so contentious, that there are currently considered plans to build a second Thames Barrier (LTS, 01.02.2008) replacing the first Thames Barrier, built to prevent increasing tidal flooding in 1974 (EA1, 01.02.2008).

The small peninsular of Cornwall and the Isles Of Scilly has a population of 506,100 (established in 2002), and out of the top ten populated towns, five are found on the coast (Guide Cornwall 01.02.2008) There are also many small fishing villages and sea-side resorts. In an area with such a coastal community the economic loss from sea level rise and damage from intensified storms to property, the loss of space, the cost of repairing and the resettling of property both private and public, would stretch into millions of pounds. Cheap and affordable housing for Cornwalls youth and low earners, that is built in susceptible to flooding low lying areas, would not only be a loss to the affordable home market, but a loss to the younger populations housing availability that is vital for keeping the youth in Cornwall to maintain the Cornish economic infrastructure. Cornwalls main industry tourism may with the increased temperatures of climate change be boosted. But, competition between developments allowing for this growth and the resettling of current tourist facilities, against the local needs, could develop into arguments over land use, land ownership and Governmental ruling.
Issues of Sea Level Rise are not totally directed at the coastal fringe. The International Panel on Climate Change (IPCC) said in their 2001 report: Impacts, Adaptation and Vulnerability;
“settlements with little economic diversification and where a high percentage of incomes derive from climate sensitive industries (agriculture, fishing etc.) are more vulnerable than diversified settlements”. (page 13, paragraph 3.)

Cornwall has a huge investment in its coastal resource where it provides work in various forms of fishing, tourism and recreational uses. Biological and geomorphic changes resulting from both sea level rise and sea temperature warming could unbalance the Cornish economic infrastructure. The resulting shift in occupations and settlement in a place such as Cornwall, an area where unemployment rates are far higher than the rest of the South west region and higher than the UK and where earnings are repeatedly lower than the rest of the UK (S. Burley 1991), could place huge demands on the resource lacking province. Plus, by considering the Diaspora from other parts of the world where climate change has caused more severe environmental changes, the burden on the Cornish economy and infrastructure, evident with reports such as Mark Eastons NHS ‘not ready for immigration’ (2008) might spark cultural and sociological issues. Issues might further be exasperated when you factor in the loss of heritage, both archaeological and historic.
Another more concerning threat, is the loss to agricultural and livestock land for farming. As a hinterland with a large rural population, threats to farmland in a proximity to larger urban areas in the shape of increased development and anti-social influences known as urban fringe pressures (Defra1, 2006), not only forms an increase in conflict with urban/rural issues, but also a net loss in farmland availability. There is also to be considered the loss in coastal and estuarine bordering farm land directly from sea level increases. This threat becomes more complex when you consider temperature and salinity effects to crop production. With the UK farming industry netting £2.54 billion in 2007 (Defra2 2008) with farming in Cornwall being one of the main remaining Cornish industries, the loss to the economy for both Cornwall and Britain, not to mention the loss in food production, would be a loss in vital resources.

Biodiversity and habitat loss is another fact of sea level rise. Sea surface temperature increase will have an effect by increasing water levels, but also change the dynamics of currents, thus the biological movement within the ocean bringing in new species, and pushing out others (MCS 2006). Particularly vulnerable habitats are those of inter-tidal ecosystems, estuarine habitats and sand dune habitats.

Special Protected Areas (SPA), are protected both in international and national legislation and local planning policies such as Habitats Directive (92/43/EEC), Birds Directive (79/409/EEC) and the Wildlife and Countryside Act 1981. However, the day to day management and maintenance of these areas is trusted to local council offices and NGO’s such as the National Trust. Recently, Paul Brown in The Guardian (April 28 2005) reported on the Trusts concerns over suspected losses of 60% of its managed UK coastline this century. Biologically, Cornwall has a variety of unique and rare coastal plant species like Isoetes histrix (Land Quillwort) and Corrigiola litoralis (Strapwort), plus animal species such as Luperina nickerlii gueneei (Sandhill rustic moth) and Lacerta agilis (Sand lizard). All except L. agilis are found in one spot in Cornwall (L Salter 2006 : EN unknown), whilst L. agilis is found uniquely in another Cornish coastal site (CCC 2000). So, Q.E.D is the loss to the natural environment in Cornwall and the Isles Of Scilly (which has one RAMSAR site and various ground nesting sea birds) and the threats to biodiversity from the rising ocean, made more contentious considering the increasing demand and competition for decreasing space.

In 1996 the European Commission began The European Unions (EU) Demonstration Program on Integrated Coastal zone Management (ICZM) to gather technical support on sustainable coastal zone management, and begin the process of planning in coastal zone management. This was part of the EU communities’ agreement to Agenda 21 of the 1992 United Nations Conference on Environment and Development (Rio Earth Summit). By May 2002, ICZM was implemented in the UK and other EU member states. By 14 April 2004, the UK through the Department for Environment Food and Rural Affairs (Defra) published ICZM in the UK: a stocktake - final report. Within this report it was stated;
“Recommendations, monitoring, research and management review procedures are created to ensure that the Shoreline Management Plan is carried into the future as a working document”.
(page 82, paragraph 2.)
The UK therefore installs its obligations to ICZM in these, the Shoreline Management Plan (SMP).
Defra and the National Assembly for Wales (NAW), together with the Environment Agency (EA), English Nature, now Natural England, (NE) and other local authorities began the introduction of SMPs since around 1997 (Defra2 03.02.2008). A non-statutory implement, SMPs are developed to enable long term policies that sustainable shoreline management (G Lymbery 05.02.2008 : EA2 03.02.2008). Defra, NE, EA etc. have prepared guidance for forming SMPs, and this forms the management of the various coastal zones.
The SMP protocols for Coastal Defence work along the formulas of: Fight in the way of sea defence improvement and an increase of establishing new defences further from the coast, or retreat by doing nothing and allowing the coastal and into land geomorphic change.
If the decision is made to fight, increase and develop the in-situ defences, or become more aggressive and advance into the sea line, this almost King Canute like method would require massive injections of aggregates to combat the sea advance. As the coast is the zone that would need protecting, the main source to find the majority of aggregates for the work, would come from the ocean bed. A large amount of this could be reclaimed (CIRA 2004), but the process of sediment removal has be criticised in reports such as English Heritages Marine Aggregate Dredging and the Historic Environment (2003), RC Newell et al, Impacts of Marine Aggregate Dredging on Benthic Macro fauna of the South Coast of the United Kingdom (2004), Hitchcock DR & Bell S’s Physical impacts of marine aggregate dredging on seabed resources in coastal deposits (2004) and Marinet in MARINET's Comments on UK Licence Applications (03.02.2008).
Many of these suggest only short term and isolated problems, but with the intensified and long term necessity for maintainance through increased wave power damage by increased water levels (Duxbury A.C et al 2000), the cost of managing a fossilized and constantly degrading barrier both environmentally and economically would add to the damage of sea level rise.
If the approach was taken to build new barriers a distance back from the ocean, the need for total and in-depth mapping of weathering processes, sediment movement, geographic and topographic formations, plus and understanding of bathology, that, with the unpredictability of hydrological changes associated with Climate and Sea level Change (T Palmer 04.02.2008), could be effort wasted. It is of course, only a matter of time before the second line of defence, becomes the first line.

The final method the SMP offers is the Retreat. Managed retreat is the concept of allowing change. In The effect of sea-level rise on coastal geomorphology (2004) Stephen Crooks writes about the need to manage space, and how Sea Level Rise will allow geomorphology to determine not only the quality and quantity of habitats, but also the nature as an ecosystem function, showing vulnerability and loss to the natural and man made environment. As the sea moves in, land will become flooded, which intern, becomes habitats. In the Netherlands, H. Duels investigation into Cyclic Floodplain Rejuvenation as a river management protection and enhancement (unknown) showed excellent results for the reestablishment of biodiversity in such areas. In the UK, the RSPB recently began plans to flood part of Essex to re-establish habitats to provide ecosystems for protected endangered birds (D Adam 05.02.2008) such as Botaurus stellaris (Bittern), Gavia arctica (Black Throat diver) and Larus argentatus (Herring Gull) (UKBAP 2008). This project follows similar projects in Denmark and Germany. The cost to the RSPB? £12million.

The Duchy of Cornwall is currently in the process of forming its first SMP (CCC2 05.02.2008). If the Duchy wants to optimise the SMP process, it will have to administer a totalitariasm approach to it natural environment and social environment needs. Instigating adaptive measures requires refocusing the anthropogenic activities to adapt around nature and not against it as true sustainability is only possible in this way.




”Diversity is perhaps the Duchy’s greatest strength - and its continuation is one of the most important things we can hand on to the next generation.”

HRH Prince of Wales, Duke of the Duchy of Cornwall



References
Bibliography
ATKINS. (2004). ICZM in the UK: A Stocktake – Final Report, March 2004, Queen’s Printer and Controller of HMSO 2004, ATKINS, 2004, Norwich

CIRA .(2004). Potential Use of Alternatives to Primary aggregates in Coastal and River Engineering, CIRA, C590, 2004, London

Cornwall County Council (CCC). (2000). Sands of Time, Cornwall County Council Planning, 2000, Truro

Department for Environment Food and Rural Affairs (Defra1). (2006). England Rural Development Program, Annual Report 2006, Defra, Crown copyright, 2007, as PDF

Department for Environment Food and Rural Affairs (Defra2). (2008). Joint Announcement by the Agricultural Departments of the United Kingdom, Provisional Estimates of Farm Incomes, National Statistics, 31 January 2008, as PDF

Duels H. (unknown). Cyclic Floodplain Rejuvenation as a river management protection and enhancement of biodiversity of large Western European Rivers, University of Nijmegen, Department of Environmental Sciences, unknown, Nijmegen

Duxbury A.C., Duxbury A.B., Sverdrup K.A.. (2000). An Introduction to the Worlds Oceans, sixth Ed, McGraw Hill, 2000, Boston.

English Heritage. (2003). Marine Aggregate Dredging and the Historic Environment, Guidance Note, April 2003, English Heritage & British Marine Aggregates Producing Association, Wessex Archaeology, 2003, London

Godrej D. (2001). Climate Change, The No-Nonsense Guide, New Internationalist Publications, 2006, Oxford

Hitchcock DR & Bell S. (2004). Physical impacts of marine aggregate dredging on seabed resources in coastal deposits. Journal of Coastal Research, 20(1), 101–114. 2004, West Palm Beach, ISSN 0749-0208.

Intergovernmental Panel on Climate Change (IPCC). (2001). Climate Change 2001: Impacts, Adaptations, and Vulnerability, A report of working Group II of the IPCC, IPCC, 2001, as PDF

Marine Conservation Society (MCS). (2006). Seas Fit for Life, Marine Conservation Society Strategy for 2006-2009, MCS, 2006, Ross on Wye

Newell RC, Seiderer LJ, Simpson NM & Robinson JE. (2004). Impacts of Marine Aggregate Dredging on Benthic Macro fauna of the South Coast of the United Kingdom, Journal of Coastal Research, 20(1), 115-125, 2004, West Palm Beach, ISSN 0749-0208.

Salter L. (2006). CoastNET conference report, Participatory planning and working with natural processes on the coast, 19th January 2006, RIKZ (National Institute for Coastal & Marine Management, Loe Pool,

CoastNET, 2006, Essex
State of the Cornish Environment. (2002). 2002 Baseline Edition, Cornwall County Council, 2002, Truro


Electronic Resources
Brown P. (04.02.2008). Sea change for Britain's coastline, The Guardian, Thursday April 28 2005, Guardian Unlimited, 2005, available at http://www.guardian.co.uk/society/2005/apr/28/environment.environment


Burly. S. (1991). Economy in Cornwall, a quantitive analysis on the relationship between migration and the economy in the small areas of Cornwall, PowerPoint presentation, available at
http://www.lse.ac.uk/collections/BSPS/ppt/Migration_Economy_Cornwall_Burley.ppt#256,1,Migration and the Economy in Cornwall


Cornwall County Council. (CCC2). New Plans to Protect County's Coastline, CCC, Wednesday 6th February 2008, available at http://www.cornwall.gov.uk/index.cfm?articleid=9466


D Adam (05.02.2008). Back to nature: £12m plan to let sea flood reclaimed land and recreate lost habitats, The Guardian, Monday October 8 2007, Guardian Unlimited, 2008, available at http://www.guardian.co.uk/environment/2007/oct/08/conservation


Department for Environment Food and Rural Affairs (Defra2). (02.02.2008). Flood Management, Shoreline Management Plans, Defra, 2007, available at http://www.defra.gov.uk/environ/fcd/policy/smp.htm


Easton M. (2008). NHS 'not ready for immigration', Tuesday, BBC News 24, BBC News Website, 29 January 2008, available at http://news.bbc.co.uk/1/hi/health/7215624.stm


English Nature (EN) (unknown). Citation for Loe Pool & Loe Bar Cornwall, Natural England (NE), unknown, as PDF, available at http://www.english-nature.org.uk/citation/citation_photo/1003319.pdf


Environment Agency (EA1). (01.02.2008). Thames region, Stages in the decision to build the barrier, Environment Agency, 2008, available at http://www.environment-agency.gov.uk/regions/thames/323150/335688/341764/341774/?version=1&lang=_e


Environment Agency (EA2). (03.02.2008). Your Environment, Environmental indicators, Indicators – Topics, Indicators – Climate, Sea level change, EA, 2008, available at http://www.environment-agency.gov.uk/yourenv/432430/432434/432475/438776/?lang=_e


Guide Cornwall. (01.02.2008). Cornwall - Facts, figures, statistics, demographics, population etc, Guide Cornwall, 2008, available at http://www.cornwalls.co.uk/Cornwall/statistics.htm


Learning and Teaching Scotland (LTS). (01.02.2008). How much will the sea level rise? The LTS Online Service, 2008, available at http://www.ltscotland.org.uk/sustainabledevelopment/climatechange/21stcentury/risingsealevel.asp


Lymbery G. (05.02.2008). Shoreline Management Plans, Winter 1999, Shoreline Management Plans, a partnership for coastal defence management, Part 1 The Regional perspective, Coast, 1999, available at http://www.seftoncoast.org.uk/articles/99winter_shoreline.html


UK Biodiversity Action Plan (UKBAP). (05.02.2008). UK BAP Website, Protected Birds, List of Priority Species and Habitats, UKBAP, 2008, available at http://www.ukbap.org.uk/NewPriorityList.aspx


Palmer T. (04.02.2008). A weather eye on unpredictability: Much of chaos theory came from trying to understand how the Earth's atmosphere behaves. Now, meteorologists are using chaos to assess how reliable climate and weather forecasts are, New Scientist Environment, New Scientist , 11 November 1989, Reed Business, 2008, available at http://www.newscientist.com/article/mg12416903.900-a-weather-eye-on-unpredictability-much-of-chaos-theory-camefrom-trying-to-understand-how-the-earths-atmosphere-behaves-nowmeteorologists-are-using-chaos-to-assess-how-reliable-climate-and-weatherforecasts-are-.html


Marinet (03.02.2008). Marinet’s Comments on the UK Licensing Applications, Friends of the Earth, MARINET, 2007, available at http://www.marinet.org.uk/mad/objection.html

Rubbish

Because economic consumption doesn’t create or destroy matter, but only changes its location, form, and value, the same tonnages that were mined from the ground as resources, treated, transported, made into goods, and distributed to customers are then hauled away again as waste or emitted as pollution(p 62. Hawken P et al. 1999)

What constitutes as waste is a grey area.The decision as to whether or not a substance is being discarded as waste rests, in the first place, with the producer or holder of a particular substance to decide on the facts of the case (1).However, if the need arises, it is the court of law that decides whether something is waste or not.
In the Europe the main EU Directives that transfer into UK legislation are;
- EU Batteries Directive
- Seveso II Directive (and the COMAH Regulations)
- End of life Vehicles Directive
- Groundwater Directive
- Landfill Directive
- WEEE; Waste Electrical & Electrical Equipment
- Waste Incineration Directive
- Surface Water Abstraction Directive
- Bathing Waters Directive
- shellfish Waters Directive
- Dangerous substances Directives
- Habitats Directive
- Urban Wastewater Treatment Directive
- Nitrates Directive
- IPPC Directive

Businesses have a duty of care to ensure that any substance that the business considers “unwanted” is handled safely and within the law. This includes those who handle transports, imports, stores, treats and disposes of unwanted material.Controlled waste is those produced by industrial, commercial or household activities. The duty of care defines that the responsibility for making sure that any body or operation that you pass waste on to, is authorised to receive the waste is legally yours.The duty of care has no time limit. It extends until the waste has either been finally disposed of or fully recovered.
Those seeking to dispose of an unwanted substance need to obtain the proper licenses for the Environment Agency here
http://www.environment-agency.gov.uk/subjects/waste/?lang=_e.

Those persons wanting to transfer unwanted materials must complete a Waste Transfer Note (WTN). This allows future handlers of the waste to know exactly what they are handling. These documents should be held and recorded for two years.

References
Hawken P et al. (1999). Natural Capitalism, Little Brown and Company, 1999, unknown

1. Legal Briefing from the Environment Group, 16th July 2007. http://www.walkermorris.co.uk/content.aspx?id=486

Freak Oil

During the state of the Union address on January 31st 2006, Gorge W Bush, President of The United States of America said,
“America is addicted to oil”

(http://www.whitehouse.gov/news/releases/2006/01/20060131-10.html).

This has been remembered as a famous quote. However, just before that he made another interesting statment

"Keeping America competitive requires affordable energy".

At the moment the world is entering a transition. Global warming, and the associated issues (sea level rise, disease increase, food shortage, land shortage, economic loss, health issues, ozone depletion etc.) have highlighted humans over burdening and care free attitude towards are planet, and the ramifications for doing this. Many believe that Global warming is just a scare tactic, a method for promotion of nuclear expansion, scientific paranoia, a natural phenomenon or hippies with to much time on their hands.
If you Google “Global +Warming+Hoax” you get 143,000 responses with links to books, WebPages and posted videos and scripts.

Anyone who has seen Al Gore & Davis Guggenheim’s documentary film An Inconvenient Truth will witness a clear and scientific piece of cinema that discusses the subject concisely. But now there is another crisis in the political/environmental arena.

The Peak Oil concept has been around since the 1950's. Marion King Hubbert, a Geo-scientist working for Shell predicted U.S. oil reserves would peak in the 1970’s (SEE:http://www.hubbertpeak.com/hubbert/).

The U.S. became a net importer of oil in the 1960’s. Then it was importing 1,815, now the U.S. imports 12,220 thousand barrels of crude oil per day (http://www.eia.doe.gov/emeu/cabs/topworldtables1_2.htm). It is also one of the largest NON OPEC oil producing nations (laying third behind Saudi Arabia and then Russia). So Hubbarts theory was corect. The U.S. hit the point where oil prices soared, and the person on the ground felt it in their pocket through the increase in petolium prices, that happened in the 1970's. The U.S. does though have the economic advantage of large oil production domesticly (the largest U.S. oil fields are in Alaska & Texas much of this going to Canada). This it can then sell and use as captial for future investment. Basic economics states that it is better to regulate prices rather than bloat them through flooding the market.

“Most of the world's largest oil consumers are also net oil importers. Of the world's top ten oil consumers in 2004, only Russia and Canada were net oil exporters” http://www.eia.doe.gov/emeu/cabs/nonopec.html

According to the DTi’s Development of UK Oil and Gas Resources (2001), the U.K. produced 126 million tonnes of oil in 2000. This North Sea Oil production was divided between the oil fields of Tern, Ninian, Bruce, Dunbar, Brae West amongst others.
In 2000, the UK was importing 9.0 billion pounds worth of crude oil and petroleum products and exporting 15.6 (http://www.berr.gov.uk/files/file39881.pdf). The U.K. became a net-importer of oil in June of 2004. (http://www.energybulletin.net/1604.html) By the end of the year it was exporting 19.8 billion pounds worth, compared to 22.0 £ import (BERR, 2007).

Like the U.S., the U.K. is experiencing ever increasing cost in transportation, heating and food.
The energy market, built on fossil fuels is becoming out-sourced. With oil field production down, oil producing nations becoming volatile and economic constraints on the horizon, the price of oil is set to increase dramatically (http://www.worldoil.com/Magazine/MAGAZINE_DETAIL.asp?ART_ID=3163&MONTH_YEAR=Apr-2007R=Apr-2007R=Apr-2007).

"oil consumers need steady supplies of oil, and oil producers rely on steady demand. If demand changed suddenly it would have a major impact on the profitability of oil producers and the economies of many countries around the world" OPEC, 2007. http://www.opec.org/library/FAQs/aboutOPEC/q19.htm

Just recently, the UK Government published their White Paper on Energy, Meeting the Energy Challenge May 2007.
In it Rt Hon. Alistair Daring MP state’s
“We are determined to become a low carbon economy.. this white paper sets out the framework for

action… toward tackling climate change and ensuring secure and affordable energy supplies” p. 5.


Furthermore, the paper details the government’s expectancy for the drop in UK oil production. This will only serve to out balance the UK economy. The proposed Energy Bill wants to tackle this isuue.

So the transition is begining. ?