New publications this month:
ENVIRONMENT AGENCY
Exporting waste: meeting EU equivalent standards
This document provides updated examples of acceptable evidence for packaging and WEEE management for sites outside the UK. This evidence may be used to demonstrate that overseas sites are operating broadly equivalent standards to the UK-based organisations.
Abstraction licensing strategies
Updated abstraction licensing strategies have been published for Cambridgeshire, Bedfordshire, Essex, Norfolk and Suffolk.
Technical Guidance Notes (TGNs)
M1 sampling requirements for stack emission monitoring
This updated TGN details sampling and safety requirements for stack emission monitoring at permitted installations.
M2 Monitoring of stack emissions to air
This updated TGN concerns monitoring stack emissions to air, describing the overall approach to stack-emission monitoring. This includes guidance about the role of MCERTS, sampling strategies and an index of monitoring techniques.
MCERTS guidance
RM-QG-01: selecting continuous emission monitoring systems (CEMs)
Updated guidance is offered on selecting CEMS in accordance with the MCERTS scheme.
RM-QG-02: Selecting continuous emission monitoring systems (CEMs) for incineration and co-incineration plant falling under Chapter IV of the Industrial Emissions Directive (IED)
Updated guidance is provided on the selection of CEMS for waste incineration and co-incineration installations.
RM-QG-04: Monitoring under the Waste Incineration Directive (WID) when continuous emission monitoring systems (CEMs) are not available
Updated guidance is provided on meeting monitoring obligations under MCERTS without CEMS.
WELSH GOVERNMENT
Natural Resources Policy
As enabled under the Environment (Wales) Act 2016, the Welsh Government has published a policy concerning the ‘sustainable management of natural resources’. This policy was consulted upon in late 2016 and early 2017.
The policy is structured around three core priorities:
DEPARTMENT OF AGRICULTURE, ENVIRONMENT AND RURAL AFFAIRS
Regulatory Framework for Drinking Water
This document presents details of legislation concerning drinking water quality in Northern Ireland.
DEPARTMENT OF AGRICULTURAL, ENVIRONMENT AND RURAL AFFAIRS (DAERA) – NORTHERN IRELAND
Food waste – are you compliant?
Food businesses are required to separately collect their food waste in Northern Ireland. This document outlines the actions required.
DEPARTMENT FOR COMMUNITIES AND LOCAL GOVERNMENT (DCLG)
Over the garden hedge
This updated guidance provides advice on settling high hedge disputes without the involvement of Local Authorities.
High hedges: Complaining to the council
Updated guidance is provided on making complaints regarding high hedges.
HIGH SPEED TWO (HS2) LIMITED
A guide to environmental surveys being carried out by HS2
This document describes the environmental survey programme for HS2 Phase 2b.
MARITIME AND COASTGUARD AGENCY
National Contingency Plan (NCP)
An updated NCP has been published. This document provides an overview of responses marine pollution arising from shipping and offshore installations.
Court of Appeal judgement on liabilities for contaminated land
The Court of Appeal has determined that Powys County Council is not liable for the remediation of contamination that arose due to the activities of its predecessor. Although a predecessor local authority was responsible for the operation of a landfill site over a culverted watercourse, the Court determined that Powys County Council did not constitute an ‘appropriate person’ for remediation.
This was determined to be the case as liabilities under Part IIA of the Environmental Protection Act 1990 did not exist at the time Powys County Council was formed, and therefore could not have been transferred.
As a consequence of the decision, the current landowner will be responsible for remediation.
Fines issued after waste illegally used for flood defence
A waste company, one of its directors and a tenant farmer have been fined after it was found they undertook the illegal deposit of waste on protected land.
Chelmsford Magistrates’ Court heard that 3,920 tonnes of inert waste had been placed on farmland in Stow Maries, breaching a waste management exemption. The site is protected as a Site of Special Scientific Interest, Special Protection Area and RAMSAR site.
The Court heard that the 1,000 tonne limit imposed by the U1 (use of waste in construction) exemption had been exceeded between 15 April and 8 May 2015. The activity was stopped by Natural England and the Environment Agency.
An investigation identified that construction and demolition waste used consisted mainly of soil and stones, but also included concrete, brick, plastic, glass, wood and plasterboard. The waste was not therefore suitable for flood defence construction.
Penalties
The three defendants were ordered to pay a total of £19,430 in fines.
South West Water ordered to pay nearly £150,000 for permit breaches at its sewage treatment plants
South West Water has been fined for discharging effluent in breach of environmental permits for its sewage treatment plants in Denbury, Devon and Praze an Beeble, Cornwall. The non-conforming, inadequately treated effluent was allowed to enter nearby watercourses.
Discharges to a stream at Denbury between September 2015 and June 2016 exceeded ammonia, suspended solids and biochemical oxygen demand (BOD) limits under the permit. The Court was told that filter bed rotating arms at the site had failed to operate effectively during a period when the site was not being visited daily and alarms were not working reliably.
Between May and August 2016 the sewage treatment plant at Praze an Beeble discharged effluent with ammonia levels in excess of that authorised by the permit. The Court heard that the site had not been cleaned frequently enough and equipment installed required repairs.
Breach
South West Water pleaded guilty to three charges of breaching regulation 38(2) of the Environmental Permitting (England and Wales) Regulations 2010. Regulation 38(2) makes it an offence to fail to comply with or to contravene an environmental permit condition.
Penalty
South West Water was fined £142,524 in total for the breaches, including costs and victim surcharges.
