Enforcement Undertaking
Section 1
Details of person making this offer Full name of person making offer:
Highlands & Islands Airports Ltd
Are you: An individual A partnership A limited company A limited liability partnership Public Body Other If ' Other', please specify: Non -Departmental Public Body
Address and full Postcode:
Highlands and Islands Airports Limited
Inverness Airport
IV2 7. 113
Registered office Address ( if different from above):
As above
Registration Number ( if a company or an LLP): SC097647 Contact Telephone Number: 01667 464000
Email Address: info@hial. co. uk
If the Offer is made by a partnership, a limited company, a limited liability partnership, a public body or another entity, please give us the contact details of a person we can contact about the offer ( e. g. this could be a managing partner, a company director or a Head of Service).
Full Name: Graeme Bell Address ( if different from above):
Contact Telephone Number: 01667464020
Email address: gbell@hial. co. uk
Page 1 Section 2
Tell us about the act or omission that has led you to make this offer. Please give the location of the offending behaviour, include a National Grid Reference ( NGR) if you can.
What happened or failed to happen? How did it happen? When did it happen?
2nd 2. 1 On December 2015 a SEPA Sampling Officer reported an unidentified discharge occurring at NGR NH 7835 5274 into an un - named tributary to the Ardersier Burn. A sample of the discharge was taken by the SEPA Officer and analysis indicated a Biochemical Oxygen Demand in excess of 120mg/ I, exceeding the 3 mg/ I BOD limit allowed under the CAR licence. The discharge occurred when the capacity of the swales and reed -beds had not been exceeded and as such was considered to breach
CAR/ L/ 1009176 ( Schedules as stated in Section 8).
22nd 2. 2 On December 2015 an Information Notice ( IN) was served on HIAL ( Inverness Airport) by SEPA. Following the issue of the IN, extensive investigations were carried out by HIAL ( Inverness Airport) through the use of term contractors. As a result of the initial
7th investigations on January 2016, a representative from HIAL ( Inverness Airport) confirmed to SEPA by letter that the ( unauthorised) discharge occurred due to the failure of a riser pump. It was believed that the operation of the riser pump had been affected by the breakage of a support chain which had failed due to corrosion. However, the existence of the riser pump was queried as it did not appear on any as -built system plans and was found to have been misidentified. The pump in question was actually the recirculation pump for the northern reed -bed and was inoperative.
22nd 2. 3 On January 2016 an Enforcement Notice ( EN) was served on HIAL ( Inverness Airport) by SEPA. The EN required the immediate installation of a temporary pump to
22nd replace the one which had failed and the rectification of the system by February
27th 2016. A temporary pump was delivered to site and installed on January 2016 and a
19th letter confirming completion of the rectification works was issued to SEPA on February 2016.
2. 4 Following the installation of the existing system HIAL ( Inverness Airport) had been working on environmental improvement at the site for several years, this included drain realignment, new drain construction, drain reconfiguration and various other investigative works. However these works were reactive and lacked focus. As a consequence it proved difficult to view the local issues in the wider context of environmental management at Inverness. As a result corrective actions focussed on outcomes and not the root cause of the environmental system failings. The investigations carried out as a result of the IN/ EN also found that:
pipework associated with the environmental system was clogged and blocked in various locations; valves and switching mechanisms were poorly maintained and had suffered failures in several locations; wells were silted and flow restricted; a pipe running from the north- eastern threshold of the main runway by- passed
Page 2 the environmental system allowing untreated surface run- off to discharge to the burn; insufficient warning and alerting systems were incorporated in the environmental system meaning discharges could occur without the knowledge of the airport; the as -built diagrams were incorrect and misidentified the location for the point where the unauthorised discharge occurred.
2. 5 The incident and subsequent investigation identified a requirement for further
improvements in HIAL ( Inverness Airport)' s approach to Environmental Management.
These included:
More clearly defined responsibilities for Environmental Management and Compliance; Greater understanding of installed systems and their correct operation; Improved maintenance of systems to ensure operation as designed; Greater compliance with monitoring and management systems as required by licence conditions.
Section 3
If the act or omission was a breach of an environmental authorisation, please provide the authorisation number and tell us what condition or conditions were breached.
Controlled Activities Regulations ( CAR) Licence reference no CAR/ L/ 1009176 Condition numbers; 2. 71 and 7. 41 of water use licence were breached.
Section 4
If you know the legislation that has been breached, please refer to it here, giving the name of the Act and section number or the name of the Regulations and regulation number.
Water Environment ( Controlled Activities) (Scotian d) Regulations 2011
Section 5
What, if any, environmental impact was caused by the offending behaviour ( e. g. any impact on water, air, land, human health or amenity)?
5. 1 A trade effluent with a Biochemical Oxygen Demand level greater than 120 mg/ I BOD was measured entering an unnamed tributary of the Ardersier Burn, and the fault identified was deemed rectified 79 days later.
5. 2 HIAL ( Inverness Airport) also identified sewage fungus at the outfall of the culvert
Page 3 during winter periods.
5. 3 SEPA informed Inverness Airport of complaints from local residents who notified them of unpleasant odour from the airport drainage system in the winter.
5. 4 In accordance with the European Water Framework Directive SEPA have classified
the un - named tributary to the Ardersier Burn status as " Good" upstream of the culvert and " Bad" downstream of the culvert.
5. 5 A Habitat and Ecology survey has now been carried out as detailed in Section 8.
Section 6
What, if any, costs did you avoid, or financial benefit did you make from the offending behaviour? 6. 1 HIAL ( Inverness Airport) estimates that the following costs were avoided leading up to, and as a result of, the offending behaviour. The estimate is based on the omission of planned maintenance since system commissioning in 2006, omission of environmental management oversight and tankering away over a period of 79 days:
Tankering away of trade effluent during pump failure: 27 362 Mechanical and Electrical planned maintenance since system installation: 101 700
Civils planned maintenance since system installation: 58 500
Environmental Management Oversight since system installation: f28 600
Total 216 162
6. 2 Although the above costs were not incurred due to omissions in maintenance, other areas were routinely maintained and emergent work carried out as necessary ( as referenced in section 2, paragraph 4). These costs were for the replacement and subsequent maintenance of the TOC analyser:
Replacement of the TOC analysers with upgraded system: 31 000
TOC analyser maintenance and repair: 44 200
Additional investigation and repair costs since system installation have amounted to:
Drainage survey ( 2011) f16 559 South apron drainage CCTV survey ( 2011) f2f2 690690 Main runway drainage investigation ( 2011) 8 500 Main runway drainage clearing and testing ( 2011) 90 846 Sealing of main runway disused pipework (2011) 25 000 Civils investigation and repair following IN/ EN ( 2015/ 16) f40 309 Total 259, 104
6. 3 HIAL will remove the £ 27, 362 financial advantage identified in 6. 1. above
Page 4 carrying out the following:
A Habitat and Ecology Survey along the tributary to the Ardersier Burn £ 2637 An Ecology Survey at the proposed new outfall in the Moray Firth £ 1750 Employment of a local biodiversity specialist at the airport £ 5200pa
This will ensure the sum is repaid over a 4 year period.
6. 4 Since the completion of the initial investigation and rectification works HIAL have committed significant funding to a project to upgrade the existing water treatment system. The initial funds allocated, phased over the next two financial years, stand at 268, 526. This does not include construction costs.
Section 7
How are you going to ensure the offence does not continue or recur and what date/ dates will you have achieved that/ those action( s) by? Please specify what will be done and the date which it will be done by.
1St 7. 1 HIAL will have in place an Environment Strategy ( ES) by the October 2017 which will present how environmental benefits will be delivered during the next five years and beyond. This will include:
7. 1. 1. The implementation of an Environmental Management System ( EMS) to deliver the Environment Strategy.
7. 1. 2 HIAL operate under strictly regulated policies and procedures for both security and safety. These are delivered through a robust Safety Management System ( SMS) which is subject to regular audit and oversight by regulatory bodies such as EASA and the CAA. The SMS is fundamental to the Company' s business and is the core of the Safety Culture applied to everything the Company does.
7. 1. 3 The same robust approach will be applied to environmental management and this will be addressed through the implementation of the EMS. The EMS will sit under the Company' s SMS and the policies and procedures will be commonly applied to both wherever possible.
7. 1. 4 A draft EMS has been produced and an Environmental Working Group is in place to manage its development and implementation. The EMS, based on the foundations of the SMS, will be applicable to all HIAL sites and will direct environmental ethos, policy and principles. The EMS will:
Improve environmental performance and engender the Beyond Compliance culture to ensure Inverness Airport and HIAL act as good neighbours to the local
community; Ensure the company meets its legal obligations; Clearly detail responsibilities and accountabilities for environmental management;
Page 5 Provide quality management and compliance assurance procedures in keeping with the principles embedded in the SMS; Ensure training and maintenance of competence programmes are established, thus preventing slippage; Promote the efficient use of natural resources;
Provide cost savings; Ensure that environmental management is embedded within core business
processes.
7. 1. 5 The EMS will provide the overarching Company approach with site specific Environmental Management Plans ( EMP) for each site within the Group. These will provide localised information and prescribed processes and timings to comply with licensing conditions. Where applicable Operating and Monitoring Plans will form part of the EMP and annexes.
7. 1. 6 The EMS Manual is targeted to move from draft status to finalised document by 31 March 2017.
7. 1. 7 The Inverness EMP, along with the required training and assessment of
1St competence, will be implemented by October 2017 for the winter period.
7. 1. 8 EMPs for all other HIAL locations, along with the required training and assessment
1St of competence will be implemented by October 2018.
7. 2 Further Actions Proposed
The main objectives are divided into short, medium and long term actions:
7. 2. 1 Short Term Actions
Short term actions which have been completed Include:
Cleaning and surveying of pipes, manholes and wells; Clearance of ditches where final outfalls occur;
Maintenance of system pumps, valves and control mechanisms;
Specialist inspection of the reed beds and swales Clearing of the reed beds and swales.
7. 2. 2 Medium Term Actions
It has been identified that the Light Aircraft Maintenance Area ( LAMA) and the Golf
Taxiway are not connected to the treatment system. Work to join identified areas of the treatment system will commence in July 2017.
7. 2. 3 Long Term Actions
A long term solution will be implemented to ensure compliance with the new CAR
Page 6 Licence. This will include the following activities:
Undertake an investigation on permeability of the ground conditions and water
1St table at the swales and filter trenches. This is programmed to commence by the June 2017. Completion dates for actions identified in the swale permeability testing will be dependent on the level of work required; Design, construct and operate a new telemetry system so that all information
from the pumps/ TOC monitors and overflows can be monitored remotely. This programme commenced in January 2017; Design, construct and operate a new release mechanism for treated surface water
run- off to the Moray Firth, including an application for a new CAR licence. This programme commenced in January 2017.
7. 3 Declaration of Completion
HIAL ( Inverness Airport) will make a formal statement to SEPA when the compliance commitments made in this Enforcement Undertaking have been achieved. The date for
1St completion of these compliance commitments is set as the October 2018. Other Beyond Compliance' pledges made under Section 10 may extend beyond this date, but in all instances programmes will have commenced and target completion dates set.
Section 8
What are you going to do to restore the environment to the state it was in prior to the offence having occurred? OR If restoration is not possible or not a viable option, what alternate actions are you going to do to benefit or improve the environment? What date/ dates will you have achieved that/ those actions by?
8. 1 HIAL ( Inverness Airport) have undertaken an ecological appraisal of the areas upstream and downstream of the discharge point to identify any evidence of
17th environmental impact on the Ardersier Burn. The survey was carried out on the and
18th January 2017 and HIAL will act on recommendations within the 5 year term of the EU. The costs of the survey amounted to £ 2637.
8. 2 HIAL ( Inverness Airport) propose to undertake ecological surveys annually, until otherwise agreed with SEPA, to monitor and review the findings.
Section 9
If you intend to make a financial donation to a third party, tell us the amount, who it will be paid to, why and the date you will make the payment. 9. 1 No financial donations to a third Party are proposed, however we plan to work with the local community in the following areas.
Page 7 9. 1. 1 Liaison with the local community through the Ardersier and Petty Community Council Meeting. The Community Council is a voluntary organisation that acts as a voice for their local area. They express the views and concerns of local people on a wide range of issues. They meet monthly to discuss issues affecting their area, including planning and licensing applications. This forum will be used to engage
and update on our environmental performance no less than annually. The inclusion of an update on the airport' s environmental progress was proposed for
the February 2017 meeting agenda, but this was declined by the Community Council. The offer has therefore been extended for the next meeting. All meetings are held in public and residents are encouraged to attend their local meeting. HIAL ( Inverness Airport) attends these meetings quarterly with a view to updating the council and will attend more regularly as required. A representative from the Community Council also sits on the Airport Consultative Committee.
9. 1. 2 The airport currently hosts visits by local schools. These visits will continue to be encouraged, but will be carried out in conjunction with an offer to carry out school visits to explain the work of the airport, the possible environmental impacts and
the ways these can be mitigated. This is seen as an opportunity for the airport to actively support and contribute to students' project work and to allow classroom based theory to be seen in a practical and local application.
9. 1. 3 Employ a local specialist to study and record the airport' s flora and fauna to produce a biodiversity report. This will be used to create and support public information displays in the airport and for local consultation and awareness. Discussions with the local specialist are underway and formal engagement is expected within February 2017.
Section 10
What additional commitments are you making to benefit or improve the environment? What date/ dates will those commitments be fulfilled by? The implementation of the new Environment strategy will be directed by the HIAL Board and the CEO. It will deliver the Company' s commitment to a 5 Year Plan for environmental improvement across the full range of its business activities. To achieve this the ES will set challenging targets and commitments which will be delivered through Environmental
Management Programmes shown in the diagram below. Environmental improvements will be achieved through changes to Company values, culture, policy, procedures and training.
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10. 1 Environmental Policy
The environmental working group has completed a review of the current environmental policy. It has identified a number of revisions to articulate HIALs ambition and vision for sustainable activities that reduce the environmental impact of our operations and achieve increased resource efficiency. The policy links to the eight pillars of environmental responsibility shown in the diagram above. The policy change will be signed off by the CEO by April 2017.
10. 2 Environmental Strategy
A commitment will be made to environmental improvement. This will be made in
the form of a strategy published via the Company' s website. The strategy document will be delivered by the end of 2017. Environmental Working Group; this has been formed to develop and deliver the ES and associated plans, ensuring that environmental protection and sustainability is an integral part of Company operations. As part of this work stream a review has been conducted of the CAR Licenses currently in place at Benbecula, Campbeltown, Dundee, Islay, Kirkwall, Stornoway, Sumburgh, Tiree and Wick. The Group was
9th formed on the November 2016 and sits fortnightly. The Company will make a commitment to Resource Efficient Scotland pledges for environmental improvement. The first pledges will be made by the end of May 2017.
10. 3 Waste Management HIAL will measure consumption and set targets to reduce waste and use resources more efficiently. This will include the following areas:
food waste; packaging waste, including the waste generated by our third parties; waste generated from business processes and procurement; waste arising from engineering and maintenance activities.
Page 9 isart The Company will set challenging recycling targets and will encourage re -use and re -buying. Landfill waste will be identified and targets set for diverting this waste through
minimisation, recycling and reuse. Examples of waste reduction being considered are a move to fully biodegradable food and beverage packaging ( i. e. Vegware) and the requirement for sustainable packaging to be included in procurement tenders ( i. e. Dell' s packaging 3 Cs).
10. 4 Water Usage HIAL will measure consumption, set targets to reduce water usage and increase the use of
grey' water. It will seek to improve local water quality within and around our areas of responsibility. Programmes currently identified are:
Feasibility study; rainwater harvesting at all HIAL airport locations — study programmed for completion 2019. The results of this study will be used to identify opportunities and project scope to implement rainwater harvesting at HIAL locations; Inverness Airport Water Quality; HIAL are committed to improving tributary water
quality; A review of licenses to ensure all forms of discharge are accordance with current
legislation;
10. 5 Energy Consumption
HIAL will measure consumption, set targets to reduce carbon emissions and energy consumption and increase the use of energy from renewable resources. Programmes currently identified are:
10. 5. 1 UK Carbon Reduction Commitment Energy Efficiency Scheme HIAL complies with the mandatory requirements within each phase of the UK Carbon Reduction Commitment ( CRC) Energy Efficiency Scheme. This, combined with the Company Energy Reduction Programme, aims to reduce environmental impact, reduce business cost and optimise HIAL ranking in the CRC Performance League Table. HIAL will continue to meet the annual reporting deadlines as published by the CRC Energy Efficiency Scheme, currently in Phase 2, compliance
year 3. The current programme extends until 31 March 2019 with further phases to follow.
In addition to the CRC commitment, HIAL will consult with the Airports Council
International ( ACI) Airport Carbon Accreditation Scheme to establish its current carbon footprint and identify further reduction and offset measures specific to the airport industry.
10. 5. 2 Energy Reduction Programme HIAL has a number of initiatives currently in progress and also programmed to support the Company' s Energy Reduction Programme. In summary these are:
Install energy efficient lighting with associated presence detectors in all internally lit areas of HIAL buildings across all locations. Programme will
Page 10 1St commence April 2017; HIAL has a policy of replacing any failed lamps with energy efficient units; All major lighting related capital projects will incorporate energy efficient lighting. As part of the replacement programme of works across all sites all aeronautical ground lighting, street lighting, and high mast lighting will be replaced with energy efficient lighting where appropriate. This programme is
under -way; HIAL are currently implementing a programme of Global Navigation Satellite System ( GNSS) Instrument Approach Procedures ( IAPB) across all eleven HIAL
airports. This is the first step in HIAL' s aspiration to migrate from ground based navigation systems to space based navigation and approach systems. These will allow suitably equipped aircraft to fly more direct routings and conduct
CO2 continuous climb and descent profiles resulting in reduced fuel burn and
emissions. GNSS IAPB are now available for use at 6 HIAL airports and will be available at the remaining 5 airports by 2018; HIAL' s long term Air Traffic Management ( ATM) strategy is planned to transition to a fully space based Communications Navigation and Surveillance ( CNS) environment by 2030 which will further allow reductions in ground power consumption and maintenance costs. HIAL is also conducting a number of integrated ATM projects which will result in energy and emission reductions. This includes an operational trial at Dundee Airport to evaluate the feasibility of using Electronic Surveillance for enhanced controller awareness leading to more efficient integration of traffic in the vicinity of the aerodrome;
Feasibility study; Installation of PV arrays at all HIAL airport locations — study programmed to commence 2018; The results of this study will be used to identify opportunities and project scope to install PV arrays at HIAL locations. Establish a minimum buildings environmental performance rating for new buildings where appropriate; HIAL aims to use renewable electricity wherever possible.
10. 6 Noise HIAL will measure and map noise output and seek to manage and minimise the effects of noise from ground and airborne sources. Programmes currently identified include:
Global Navigation Satellite System ( GNSS) and Instrument Approach Procedures
IAPB) across all eleven HIAL airports; HIAL' s longterm Air Traffic Management ( ATM) strategy.
10. 7 Surface Access HIAL will promote and encourage the use of airport links using public transport and seek opportunities to reduce emissions through electrical vehicle use, car sharing and cycle to work schemes. Programmes currently in place include:
Inverness rail halt; Welfare facilities to support cyclists; Storage facilities for bicycles.
Page 11 The Company will establish a policy for procuring greener vehicles and equipment. It will make commitments to providing electric vehicle charging points in parking areas and the use of technology to minimise business travel as part of the Five Year Plan.
10. 8 Air Quality HIAL will seek to minimise emissions from vehicles and equipment operating within the airside boundary. Planned initiatives include:
Potential incremental surcharges, based on emission levels, to encourage operators to use less polluting equipment; Global Navigation Satellite System ( GNSS) and Instrument Approach Procedures
IAPs) across all eleven HIAL airports; HIAL' s long term Air Traffic Management ( ATM) strategy; HIAL is in the process of replacing the current fleet of fire appliances with vehicles that are compliant with European emission standard classification ' Euro 5' by 2018 — cost £ 7 million.
10. 9 Community HIAL will contribute to the local and social environment through:
Engagement with the local community to demonstrate the work of the airport;
Educational visits — schools and colleges and vice versa; Involvement in local charitable events; Continued provision of employment and support to local communities; Continued support of the lifeline services provided to remote communities.
10. 10 Ecology and Landscape
Specific action plans, agreed with SEPA, will be drafted and implemented for
species on our sites which are identified in the UK BAP.
Section 11
Has the offending behaviour had an impact on the local community? YES/ 49
If YES, have you consulted with them regarding this offer? Y€ S/ NO
If so, please provide details of any consultations
We are aware there have been previous complaints of odour from the burn by local residents
Page 12 Section 12
If you intend to make a contribution towards SEPA' s costs in connection with this offer, tell us the amount and the date you will make the payment. Alternatively, if you have not requested information from SEPA in respect to our costs and intend to make a
contribution please state this intent. Please do not submit any payments with this offer. Any payments submitted to SEPA will be returned prior to any decision being made by SEPA in respect to your offer.
Costs incurred by SEPA as a result of the offending behaviour resulting in this EU have been calculated by SEPA as:
336 hours at £ 87 per hour
29 232
Known Amount: £ 29 232 Date for payment: As agreed in writing with SEPA
Statement:
I confirm that any financial donation to a third party mentioned in Section 9 is a donation that I will receive no benefit from.
This offer of undertaking is made in a eordance with Schedule 3 of the Order
Full Name: Inglis Lyon
Date: l -:'/ 0 7 / 1 `--
Page 13