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Makeit go Right
24-06-2007, 11:07 AM
Does anyone have a link to the written law on penalties for release of fridge gas to atmosphere.

I'd like to brief a customer on this with the source data, rather than what I understand to be the case.

The Viking
24-06-2007, 11:51 AM
The answer will be somewhere at either www.fgas.org or www.defra.gov.uk

Argus
24-06-2007, 11:59 AM
.

There is quite a lot to study, so let either Google, or if it’s too late, a good lawyer be your friend.

It really IS illegal to vent any refrigerant in any quantity and that includes HCs.

Here are a few starters…………

From 1990 until recently, waste refrigerant was classified as “controlled waste” in the Environmental Protection Act of 1990 (EPA) - (NOT to be confused with the American EPA)
http://www.opsi.gov.uk/SI/si2005/20050894.htm

Section 33 was considered to sum it up, part ‘c’ quoted below.

33.—(1) Subject to subsection (2) and (3) below and, in relation to Scotland, to section 54 below, a person shall not—
(a) deposit controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless a waste management licence authorising the deposit is in force and the deposit is in accordance with the licence;
(b) treat, keep or dispose of controlled waste, or knowingly cause or knowingly permit controlled waste to be treated, kept or disposed of—
(i) in or on any land, or
(ii) by means of any mobile plant,
except under and in accordance with a waste management licence;
(c) treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health.

Since 2005, European Law has classified numerous waste substances, including all fluorinated refrigerants and oils as hazardous. This has been harmonised into UK law as the Hazardous Waste Regulations, 2005.

There are separate, different but equal regulations since devolution in Scottish law.
(Be very careful about transferring waste refrigerant across the border without the relevant 3 day notice that still applies in Scotland – it’s a criminal offence).

http://www.opsi.gov.uk/SI/si2005/20050894.htm

The hazardous waste list defines what is covered:

http://www.opsi.gov.uk/SI/si2005/20050895.htm

http://www.opsi.gov.uk/SI/si2005/20050894.htm

Finally who polices it?
In England and Wales it’s the Environment Agency and in Scotland, the Scottish Environment Agency.

It can result in a very expensive fine and a criminal record upon conviction.
I know what the next question will be. Who has been caught? That’s not important, more to the point who wants to be next?

.

Makeit go Right
24-06-2007, 01:04 PM
Thanks for that info - very helpful for informing the customer.


.It can result in a very expensive fine and a criminal record upon conviction.
I know what the next question will be. Who has been caught? That’s not important, more to the point who wants to be next?
.

Well, I heard that there was a recent article on one of the main aircon magazines about a couple of likely lads who exhausted refrigerant from a system at a garage. Atthe same time there was a chap from the Environment Agency filling up with petrol and spotted the lazy/stupid activity. They were made an example of, with heavy penalties for them both and their employer.

Now, if I could get a hold of that article it would help communicate this subject nicely to my customer. Anyone able to direct me to that one?

Argus
24-06-2007, 01:24 PM
Thanks for that info - very helpful for informing the customer.





No problem. It's definitely illegal to vent anything anywhere - no question.
It's not necessarily the owner or customer who will be prosecuted, it's the actual person doing the venting. The EA explained it to me once as little more than fly-tipping, and there's no greater delight for the EA than catching a fly tipper!





Well, I heard that there was a recent article on one of the main aircon magazines about a couple of likely lads who exhausted refrigerant from a system at a garage. Atthe same time there was a chap from the Environment Agency filling up with petrol and spotted the lazy/stupid activity. They were made an example of, with heavy penalties for them both and their employer.



I don’t know about that, but there was a successful prosecution about 12 or 15 years ago concerning the venting of R22 in a garage installation, in the Yorkshire area, I think.

By memory, the contractor was fined about £3000, with about £4000 costs, all up about £7000.

It should be in the archives of the trade comics somewhere.

H&V News ran a piece on it, and I recall there was confusion amongst the authorities about who should have the responsibility to prosecute, this being the first one under the EPA, 1990. Eventually it was the sole responsibility of the local authority waste control division, though all that has now passed to the EA.

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Abe
24-06-2007, 02:47 PM
I believe there is a Conferance on Refrigerants and the Law in September in Birmingham.

Testech
09-11-2008, 06:13 PM
I have just stopped working for a small AC company in Kent, who's director vented about 20 to 30kgs of R22 from a large chiller in front of me the other week. Who do I notify about this clown ?

old gas bottle
09-11-2008, 06:34 PM
local mental health unit ;) might be to late,probley have to be caught in the act or photo evidence. he needs a kick up the jacksy whatever.no need for that nowdays.

Testech
09-11-2008, 07:37 PM
He has 15 yrs experience and me a newby..hence thats why I left !.
Giving the "trade" a bad name by cowboy methods.
Wrote a nice letter to DEFRA and the HSE,at least if the clown is on the radar he might just slip up.

The MG Pony
09-11-2008, 07:52 PM
He has 15 yrs experience and me a newby..hence thats why I left !.
Giving the "trade" a bad name by cowboy methods.
Wrote a nice letter to DEFRA and the HSE,at least if the clown is on the radar he might just slip up.

I am proud of you and you have my respect! We really need to start policing our own!

This air is all of ours, we all share it and we all need to do our dam best to keep it clean and free of polution.

I make a point to report any illegal practices my self!

Argus
09-11-2008, 09:32 PM
I have just stopped working for a small AC company in Kent, who's director vented about 20 to 30kgs of R22 from a large chiller in front of me the other week. Who do I notify about this clown ?



Read the regualtion in UK law:

http://www.opsi.gov.uk/si/si2008/uksi_20080041_en_1

You should inform the local authority enforcement officer in yourr area and, as the evidence is lost, be prepared to swear an affidavit and maybe stand up in court if necessary.

I should add that giving false information, should you be tempted, is perjury.


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Testech
10-11-2008, 08:05 PM
The clown was supposed to have been giving me instruction.
I notified the Skillscard people who say he isn't qualified but has a company endorsement stating he knows what he is doing ?
At least sparks are regulated here in the UK.
Fridge and AC is complex and dangerous, what the hell is up with this country ???