Environmental law

Barry Inc. operates a large chemicals plant with a multi-million pound turnover in Cygnemer and its operations are subject to an Al class environmental permit under the Environmental Permitting
(England and Wales) Regulations 2010 (St 20101875) (as amended) and regulated by Natural Resources Wales (NRW)/Cyfoeth Naturiol Cymru, Barry Inc. produces zzantari at its Cygnermer plant and the
site’s layout means that this has to be piped from the area where it is produced to secure storage tanks prior to being pumped into tankers for distribution. Early last month Cisco, a graduate
trainee environmental performance officer, was tasked with inspecting and completing the plant’s weekly safety check on the state of the pipe work as required by Barry Inc.’s environmental permit.
He failed to notice a fault in a crucial fitter with the result that every few days since several litres of zzantari have escaped into the slow-flowing River Weta. The pollution now poses a threat
to members of the Weta Canoe Club, who regularly use a downstream stretch of the river. Harrison. the plant’s environmental performance officer was supposed to be supervising Cisco but merely
signed off on his report without reading it. When Harrison became aware of the leak, he sought to have the filter replaced at once but did not have a spare on site as it had already had to be
replaced three times this year and he had used up his stock and not bothered to re-order, thinking that it could not possibly happen again. He then had to wait three weeks for a replacement to
arrive from his preferred specialist supplier in Taiwan.
Following the above events, Harrison thinks there may be a design fault with the filter and wants to introduce a new, automated system and limit physical checks on the pipes to a fortnightly basis
– Barry Inc. will be able to reduce staff numbers as a result and the savings made will pay for the new filter system.
As a means of ensuring good relations with the local community, Barry uses a small family haulage firm, Iris Limited. for its local zzantari deliveries and this arrangement has worked very well in
the past. However last week, Jo. a disgruntled Iris employee who had been disciplined after Barry Inc. complained about the late delivery of a recent consignment. deliberately failed to fully close
the valve of the storage tank from which she filled her vehicle. Unfortunately heavy rain washed the zzantari which escaped into a storm drain and it ended up flowing into Cygnemer Nature Reserve
where it killed a population of rare newts

Advise the regulator, NRW Cymru as to the various courses of action available to it in order to deal with these issues and potential penalties that may be imposed
ND f250 words maximum)

You have been appointed as Barry Inc.’s new environmental manager at the Cygnmer plant. You are keen to improve the company’s environmental performance and have had permission to put the case for
gaining 1S014001 accreditation to Barry Inc.’s management team. Provide a short briefing note outlining the main advantages of IS014001 for Barry tnc.

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