Can the Environment Agency shut us down?
In certain circumstances they can. We are fully conversant with regulator’s powers and we can advise you on your rights and responsibilities. The key thing is to involve us at an early stage.
Does my business really have an environmental impact that I need to worry about?
Every business has some impact on the environment. Even those businesses that may not consider themselves as having environmental effect can be subject to a surprising amount of legislation. Waste, for example, is something we all generate. There is a whole series of cases which explain what constitutes waste – and in many situations the courts’ decisions may surprise you. You need to ask yourself whether the material you have generated is really a by-product, or perhaps whether it has ceased to be waste (a particularly common problem when considering the import of materials for site restoration for example).
I am a company director – can I be fined or sent to prison as a result of what the business does?
Directors and senior managers can face personal liability (including fines and/or prison sentences) if the company commits an offence. Some legislation contains specific provisions to allow for this. Directors also have duties under the Companies Act 2006 to ensure good governance.
You can read an article on odour emissions written by Lyn Dario and published in the October-November 2014 edition of the RICS Land Journal.