Recent cases have highlighted the penalties operators can face if they fail to observe environmental legislation, particularly with regards to illegal dumping of waste materials or pollution of rivers or streams.
In May the Environment Agency (EA) successfully prosecuted nine haulage companies and individuals involved in dumping construction and demolition waste at a designated area of natural beauty in Kent in 2008. Fines totalling £74,250 were imposed on the offenders.
The defendants, who had failed to notify the Highways Agency about it, pleaded guilty to charges under the 1990 Environment Protection Act.
Last month, in another EA prosecution, Nicholson's Transport of Billingham, Teesside, and a driver, each pleaded guilty to a charge of causing liquid wood preservative and toxic chemical Wolmanit CX 8 to enter a tributary in Sedgefield, County Durham, in June 2009.
The firm was fined £10,000 and ordered to pay EA costs of £1,875, while driver Nigel Draper was fined £300 plus £330 costs.
The Environmental Damage Regulations 2009 now force polluters to prevent and remedy environmental damage they have caused - the "polluter pays" principle.
Serious damage
However, the government says the rules are mainly used for the most serious cases of damage only.
The principle is that if you or your business carry out an activity that causes environmental damage, you will have to remedy that.
If there is a risk of harm from your business activities, you must prevent such damage occurring.
Under the regulations, environmental damage is:
? serious damage to surface or ground water;
? contamination of land where there is a significant risk to human health;
? serious damage to EU-protected natural habitats and species or damage to - sites of special scientific interest (SSSIs) or areas of special scientific interest (ASSIs) in Northern Ireland.
The legislation affects hauliers involved in sectors such as manufacturing, construction and demolition, waste management and forestry.
Liam Northfield, FTA media relations manager, says: "Broadly speaking, good transport operators will always be aware of their environmental obligations when it comes to disposing of waste, whether they are general operators or disposal companies.
"We are happy with the current legislation as it does not penalise responsible companies and we would not be in favour of any sort of legislative relaxation."
If a haulage firm has threatened to cause, or has caused, environmental damage it must:
-take steps to prevent the damage (or further damage) occurring;
-inform the EA or other authorities who will say what the company must do to prevent and/or remedy the damage;
-if the EA has to remedy the damage, the firm will have to pay the costs.
In England and Wales, the EA, Natural England, local councils and Environment Secretary are responsible for administering and enforcing the regulations, depending on the type of damage involved.
Responsible bodies
In Northern Ireland, the body responsible is the Northern Ireland Environment Agency (NIEA), while in Scotland, the Scottish Environment Protection Agency, Marine Scotland and Scottish Natural Heritage look after the regulations.
If you don't comply with the law, you can be prosecuted, fined and/or imprisoned.
Nick Deal, Road Haulage Association manager for logistics development, adds: "Most of the offences are spillages and companies should have systems in place to deal with these. The principle is the polluter pays, I don't have any issue with that and although the fines can be pretty big, they are there to restore the land."
ENVIRONMENT CIVIL SANCTION ORDERS
New rules allowing environmental regulators in England and Wales to impose civil sanctions on a business committing certain types of environmental offence came into force in England in April 2010 and in Wales three months later.
Environment Civil Sanction Orders are intended as an alternative to prosecution and the criminal penalties of fines and imprisonment.
The government believes the sanctions will make environmental law enforcement more proportionate and reflect the fact that most offences committed by businesses are unintentional.
Civil sanctions will initially cover offences relating to harm to water or wildlife, drainage and waste management.
Regulators can use the legislation to clamp down on businesses committing certain environmental offences.
Sanctions include:
? Compliance notices - written notices to take steps to ensure that an offence does not continue or recur.
? Restoration notices - written notices to restore harm caused by non-compliance.
? Enforcement undertakings - voluntary agreement by business to take corrective action to make up for non-compliance.
? A fixed monetary penalty - a low-level penalty for minor offences fixed at £100 for an individual and £300 for a company.
? A variable monetary penalty - a monetary penalty for more serious offences with a maximum of £250,000.
? A stop notice - written notice to stop an activity which is causing harm.
Environmental regulators with the civil powers - EA and Natural England - will still be able to use civil or traditional criminal punishments at their discretion.
In most cases the regulator will issue a notice of intent to impose the sanction.
The offender can appeal against a civil sanction to an independent tribunal, and subject to the appeal, the offender must pay the penalty.
Legal action will be taken against anyone not paying monetary penalties and anyone not complying with restoration notices or stop notices will usually be prosecuted.
In some cases, the regulator may recover costs of investigation or legal advice. It is important operators admit their mistakes immediately as failure to do so can lead to a heavier fine.
LEGISLATION
? 1990 Environment Protection Act
? Water Resources Act 1991
Environment Civil Sanction Orders
Environmental Permitting (England and Wales) (Amendment) Regulations 2010
Environmental Damage (Prevention and Remediation) Regulations 2009
Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009
Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009
Environmental Liability (Scotland) Regulations 2009
Environmental Liability (Prevention and Remediation) (Scotland) Regulations 2008
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