SEPA's Regulatory Position in Response to the
Influenza A H1N1 Pandemic
- SEPA expects, in accordance with good
management practices, all regulated businesses to have a current
contingency plan in place, which addresses the management of
operations if the normal work force level is not available at the
site. This plan should include the impact of an Influenza A
H1N1 pandemic. Operators are encouraged to discuss these
plans with their local SEPA inspector
- It is the responsibility of the operator to
undertake the necessary risk assessment of continued operations at
reduced staffing levels that may be prevalent during a
pandemic. Such an assessment should identify the point or
points at which the continued safe operation cannot be assured and
an unacceptable risk is posed to the environment or human
health. In such circumstances suspension of operations would
be the appropriate response and should be covered in the
contingency plan
- SEPA does not intend to undertake a
widespread variation of conditions within licences to make specific
allowance for the Influenza A H1N1 pandemic, but will take a
pragmatic response to non compliance with environmental licence
conditions proportionate to the risks involved
- Breaches of licence conditions may arise for a variety of
reasons and the type, severity and implications of any such
breaches vary considerably. For example an emission breaching
a licence condition which results in respiratory problems to the
local population is very different to failing to make a quarterly
return of data on time. SEPA’s response to any breaches will
take into account the nature and implications of a breach and the
factors behind why such a breach occurred. Any enforcement
action would be taken within the framework of SEPA’s Enforcement
Policy which sets out a proportionate approach to non compliance
with licence conditions
Colin D Bayes
Director of Environmental
Protection and Improvement
Scottish Environment Protection Agency
Tel: 01786 457700
Fax: 01786 479305
17 August 2009