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June 2017
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
Recent Publications

New publications this month:

DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY (BEIS)

Green Deal code of practice: Version 5

The fifth version of this code of practice has been published. The document is targeted towards Green Deal providers, assessors, installers and certification bodies.
 

Updated CRC Conversion Factors

Factors to be used to calculate carbon dioxide emissions under the CRC have been updated.

 

ENVIRONMENT AGENCY

Regulatory Position Statement 8 (RPS 8): Leaving decommissioned pipes in excavations

Provided that the conditions of this RPS are met, a permit will not be required to leave decommissioned pipes in the ground.
 

Regulatory Position Statement 100 (RPS 100): Temporary storage of contaminated waste waters removed from gas pipelines

Where the conditions of this RPS are met, between 1,000 and 17,000 litres of contaminated waste water removed from gas pipelines may be stored without an environmental permit.

Storage below 1,000 litres is subject to Non-Waste Framework Directive Exemption 3 (NWFD 3) (Temporary storage of waste at a place controlled by the producer).
 

Climate change agreements: operations manual

This guidance is targeted towards industry sector associations and operators subject to climate change agreements (CCAs). The guidance ha
s been updated to reflect increases in fees. CCA target calculators have also been revised.

 

MARITIME AND COASTGUARD AGENCY

MIN 544 (M+F): International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004

This Marine Information Note is targeted towards all ship owners and operators, port and harbour authorities, UK recognised organisations and surveyors. The note provides details of the Ballast Water Management Convention and its implementation in the UK.

 

HS2 LTD

HS2 Environmental Policy

HS2 Ltd has published its environmental policy.
 

HS2 Sustainability Policy

An updated version of this policy was published during June 2017.
 

Land Drainage (E27)

Minor amendments have been made to this document, which presents the management of land drainage issues through phase 1 of HS2.

 

DEPARTMENT OF AGRICULTURE, ENVIRONMENT AND RURAL AFFAIRS

Waste - duty of care responsibilities

A short guide to duty of care responsibilities under the Northern Irish waste management regime has been published. This guidance is intended for waste producers, carriers and persons accepting, storing and treating waste.

 
Offences

Water abstraction lie costs farm business £5,500

A farming business in Suffolk has been fined after it was found to have lied about how much water it had abstracted.

N&M Sizer lied about its abstraction volumes, fearing it would lose its licence or have its abstraction limits reduced. The company overreported the volume abstracted, with figures in excess of the limits set by the licence. Water meters had been recalibrated to conform to the false figures submitted to the Environment Agency.

An investigation by the Environment Agency identified that the company had actually taken significantly less water than it was authorised to do so. Despite the company’s fears, the Environment Agency told the court that any reduction in future abstraction limits or any revocation of the licence would only be undertaken with regard to around 10 years of records and in discussion with the licence holder.

Reassessment of the licence was only projected to be carried out when the licence was coming up for renewal (this was due in 31 March 2027 for N&M Sizer) or where evidence was identified the abstraction was causing environmental damage.

Penalty

N&M sizer was fined £3,000 and ordered to pay £2,531 in costs.

Breach

N&M Sizer pleaded guilty to breaching Section 206(1) and (5) of the Water Resources Act 1991:

  • Section 206(1) makes it an offence to make statements which are known to be false or misleading.
  • Section 206(5) makes persons guilty of offences under Section 206 liable to a fine on summary conviction or fine and/or imprisonment on conviction on indictment.

 

Company and director sentenced after pollution incidents

A waste management company based near Darlington has been fined following releases of blood and other abattoir waste into a stream.

The court heard that AWSM Recycling was responsible for a number of breaches of environmental law in incidents between July 2011 and October 2015.

In three pollution incidents, fugitive releases of blood and abattoir waste affected surface water courses near the site.

The company was also found to have failed to notify the Environment Agency regarding the release in May 2015.

Further charges concerned the unauthorised burning of waste and land spreading of hazardous waste, which was not authorised by the organisation’s permit.

In an earlier court case in March 2017, the company had pleaded guilty to breaching the Nitrate Pollution Prevention Regulations in relation to land spreading with nitrogen-rich digestate during the closed period, which resulted in ammonia being found in a local stream.

Penalty

AWSM Recycling was fined £20,000 and ordered to pay £12,000 in court costs.

The company’s sole director Adam Metcalfe was fined £1,000.

 

Tesco hit with major £8million fine for pollution incident

Tesco has been fined following a major leak from a petrol station in July 2014, which had significant impacts on the local community and environment, resulting in the evacuation of a number of local residents.

The court heard that the release occurred as a result of the company failing to address a known issue with the fuel delivery system at its site in Haslingden and weaknesses in the alarm system and emergency procedures in place.

Approximately 23,500 litres of petrol were lost from a filling tank. The petrol entered the sewerage system, leading to odours affecting residents up to 1km away. A proportion of the petrol entered the Langwood Brook and River Irwell, resulting in fish kills. 7,000 litres of petrol was recovered at the site, with the majority lost.

Penalty

Tesco Stores Ltd was fined £8 million, with £3 million concerning environmental offences while £5 million concerned the associated health and safety breaches. Costs of £35,434.30 and approximately £22,000 were awarded to the Environment Agency and Lancashire County Council respectively.

Breach

Tesco Stores Ltd pleaded guilty to breaching of Regulation 12(1)(b) and 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010:

  • Under Regulation 12(1)(b) a person must not cause or knowingly permit a water discharge activity or groundwater activity unless appropriately authorised by a permit.
  • Regulation 38(1)(a) makes it an offence to contravene Regulation(12)(1).
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