Environmental Information Regulations
- Environmental Information
- Requests for Disclosure of Environmental Information
- Making a Request for Information
- Time for response
- Exceptions to release of information under the EIR
- Complaints
The Environmental Information Regulations give members of the public the right to access environmental information held by public authorities. The request can be made by letter, email, telephone or in person.
South East Water Limited (“South East Water”) is a public authority within the terms of these regulations.
Environmental Information
The definition of Environmental Information is wide and includes written, electronic, visual or audio information held by South East Water generally divided into these six areas:
- The state of the elements of the environment, such as air, water, soil, land, fauna (including human beings);
- Emissions and discharges, noise, energy, radiation, waste and other such substances;
- Measures and activities such as policies, plans, and agreements affecting or likely to affect the state of the elements of the environment;
- Reports, cost-benefit and economic analyses;
- The state of human health and safety, contamination of the food chain;
- Cultural sites and built structures (to the extent they may be affected by the state of the elements of the environment).
It does not include information that does not exist, ie. information that could be created by manipulating existing information or information that doesn't exist until further research has been carried out.
Requests for Disclosure of Environmental Information
Contact us and explain what you are after, we might be able to send it to you and it might be relevant to include it within the data that we already include on the website, after all, if you want access to it, others mightalso benefit from seeing it.
If the information is not specific to South East Water Water, other relevant places to look include the Environment Agency's website or Defra.
The following is a summary of the guidance given by the Information Commissioners office as it applies to South East Water. If you do feel that you need to state the Environmental Information Regulations when approaching us for information, in addition to reading the following, please review the InformationCommissioner's web site which provides additional guidance.
If you make a request for information under the EIR, there is no requirement to refer specifically to the Environmental Information Regulations nor to give any reasons for the request or the proposed use of the informationrequested.
However it will assist us in dealing with any request if you are able to state that you are making this request under the "EIR" or the "Environmental Information Regulations". This will enable us to quickly pass the request on to the correct part of the company dealing with that matter.
South East Water will make every effort to answer your requests for a wide range of information either formally or informally, much of this is information being made available on our website. Where a specific request is made under the EIR this can only cover the range of information listed above.
You may also request the information be supplied in a certain format such as a paper copy, electronically or to inspect information. Where printed copies are made of bulk electronically held information, please take note of our fees below.
South East Water is registered under the Data Protection Act for the acquisition, storage and use of personal information. South East Water is not a public body under the Freedom of Information Act.
Making a Request for Information
You can make a request for information by contacting South East Water. Where the information exists and there is no exception to to the disclosure of the information, it will be provided to you as soon as possible and in any event within 20 working days:
1) send a letter by writing to:
Environmental Information Requests
South East Water
Rocfort Road
Snodland
Kent
ME6 5AH
2) telephone us on: 01634 873033
3) email us at water@southeastwater.co.uk
We would be grateful if you would ensure that you state the "Environmental Information Regulations" in any subject heading to help us direct the request to the correct department within South East Water.
If the information cannot be provided to you, if the information requested does not exist, is not held by us or is not covered by the EIR we will contact you.
When making a request for information please include the following details:
- A description of the kind of information you would like to access
- Which format you would prefer – eg. paper, electronic, inspection at South East Water offices (by appointment)
- A name, address and telephone number so that you can be contacted.
Time for response
The normal timescale for responding to a request under the EIR is a maximum of 20 days, however we will normally expect to be in contact with you sooner than that. In certain circumstances this can be extended to 40 days, all periods being taken from the initial receipt of the request.
In certain circumstances, in particular where the request is complex or requires a significant volume of output we might have to levy a fee for our services, in this case the timescale for delivery of any information will be taken as from the point that any fee is paid.
Where this is the case, we will notify you in writing prior to proceeding of the likely cost. Any fees will be made up of:
- Staff time in determining whether the information is held, locating & retrieving it, and extracting and producing it, except where the time spent is minimal
- Disbursements including:
- printing or photocopying costs of 10 pence per page (A4 black & white); 20 pence per page (A3 black & white); 50 pence per page (A4 colour photocopying); £1.00 per page (A3 colour photocopying)
- copying to different media including photographic prints, scanning to CD –ROM, etc – details will be provided when responding to the particular request
- postage or other delivery charges
It should however be noted that in the majority of cases there is not expected to be any charge for accessing information disclosed under the EIR.
Normally. where a request has been made other than in writing, South East Water will send you written confirmation of the terms of your request.
Exceptions to release of information under the EIR
A request for Environmental Information can be refused where there is an exception to disclosure and the public interest in maintaining the exception outweighs the public interest in its disclosure.
The normal exceptions are:
- Information is not held when the request is received
- The request is unreasonable
- The request is too general
- The information that we hold is incomplete or is intended for future publication
- The request involves the disclosure of internal communications
- Information requested is of a personal nature and is otherwise covered by the Data Protection Act.
- Disclosure would adversely affect:
“intellectual property rights” or “interests of the supplier of the information”, protection of the environment.
There are also exceptions relating to defence, international relations and national security and the administration of justice. It is for public authorities to identify any relevant exceptions and to justify their use of them.
Complaints
Where you have made a request and you are of the opinion that your request has not been dealt with in accordance with the EIR by South East Water, you have the right to make a complaint under the South East Water complaints procedure.
You should write with details of any complaint to:
Customer Complaints
South East Water
Rocfort Road
Snodland
ME6 5AH
And quote: “Environmental Information Regulations Complaint”
Your complaint will be investigated by people not involved in your initial request and an acknowledgement or where possible a substantive reply to the complaint shall be sent to you within 10 working days of receiving your written complaint and in any event a substantive reply shall be sent to you by no later than 40 working days from the date that the complaint was first received.
If you are not satisfied with a decision following the complaint procedure, you may take your complaint to the Information Commissioner whose details are as follows:
Information Commissioner,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire SK9 5AF
Telephone 01625 545745
Fax 01625 524510
Email mail@ico.gov.uk