The Carbon Budget Order 2021 applies the UK carbon budget for the 2033-2037 budgetary period under the Climate Change Act 2008. This is set as 965,000,000 tonnes carbon dioxide equivalent.
This draft legislation therefore applies a greenhouse gas emissions cut of approximately 78% against the 1990 baseline for the five-year budgetary period between 2033 and 2037.
New publications this month:
ENVIRONMENT AGENCY
Environment Agency UK emissions trading scheme (UK ETS): charging scheme 2021
Fees under the UK ETS are set out within these documents.
U9 waste exemption: using waste to manufacture finished goods
This exemption has been updated to clarify that finished goods must pass the end of waste test.
D1 waste exemption: depositing waste from dredging inland waters
This exemption has been updated for clarity purposes.
How the Environment Agency meets the Regulators’ Code
This guidance has been updated to reflect the Environment Agency’s priorities between 2020 and 2025 and how environmental permit compliance will be assessed and scored.
TGN M20: quality assurance of continuous emission monitoring systems
This technical guidance document under the permitting regime has been updated, reflecting revised calibration and quality assurance requirements.
Deposit for recovery operators: environmental permits
A series of guidance has been published on applying for an environmental permit to deposit for recovery and how waste recovery plans should be prepared:
Depositing dredged waste on land
This guidance is for anyone who dredges inland waterways and wants to deposit the dredged waste on land.
Dispose of waste to landfill
Details of banned waste have been updated within this guidance.
Updated General Binding Rules
The following have been updated to improve the guidance given and for clarity purposes:
Extended Regulatory Position Statements (RPSs)
Low Risk Waste Positions
Two further low risk waste positions were published in April 2021:
ENVIRONMENT AGENCY AND DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)
Documents required to register for the UK Emissions Trading Registry
This guidance sets out documents required when you have obligations under the UK ETS or Kyoto Protocol.
DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)
Participating in the UK ETS
This document has been updated to add guidance on auctions under the UK ETS.
DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)
How to register energy devices in homes or small businesses: guidance for device owners and installation contractors
Heat pumps, battery storage, electric vehicle charge points and solar PV devices must be registered with the Distribution Network Operator (DNO), the company responsible for bringing electricity to the property where the device is to be installed.
Access your UK Kyoto Protocol Registry account
Guidance is provided on how Kyoto Protocol units should be held or traded.
ENVIRONMENT AGENCY AND NATURAL RESOURCES WALES
Land contamination risk management (LCRM)
This guidance has been updated to reflect that it has now been adopted in Wales. New testing protocols were also added, including on rapid measurement techniques.
WELSH GOVERNMENT
Adapting to climate change: Guidance for flood and coastal erosion risk management authorities in Wales
Guidance is provided on considering the impacts of climate change when preparing flood and coastal erosion risk management projects and strategies.
Man jailed after allowing thousands of tonnes of waste to be illegally deposited
A rogue trader has been jailed for allowing thousands of tonnes of waste, including hazardous material, to be illegally deposited at a site in Somerset.
An investigation found that 100,000 tonnes of waste had been disposed at Stowey Quarry, a former limestone quarry near Chew Valley reservoir. The offence occurred within the first nine months of 2016, sparking an intensive investigation by the Environment Agency into the management of the site.
The illegal operation was found to have accepted waste from around England. At Bristol Crown Court, the operation was described as one of the most serious risks of harm in the country during the past 30 years.
Stowey Quarry was only permitted to accept ‘clean’ and ‘non-hazardous’ material including soil and construction waste for recovery purposes. This material was to be used to build bunds and embankments in the quarry. The site operator was responsible for checking waste arriving at the site to ensure it was suitable. An investigation showed the rules were routinely flouted.
Despite repeated warnings, the illegal tipping and waste disposal continued and in October 2016 the Environment Agency served M E Foley (Contractors) Ltd with a Suspension Notice that cancelled its permit with immediate effect and stopped the site from operating.
An investigation was undertaken to establish the potential risk to human health and the environment from the illegal waste activities. Samples taken from trial pits and boreholes revealed a high percentage of chopped/shredded plastics, metals, foam and other man-made materials. Analysis showed that about half the samples were hazardous and either carcinogenic or ecotoxic.
The monitoring of landfill gases and sampling of nearby streams that showed an elevated concentration of gases together with leachate breaking out onto the surface of some surrounding fields.
Much of the waste arriving at the quarry was misleadingly described as a ‘soil substitute’ to circumvent the rules. The storage and disposal of hazardous material contravened the site’s permit that only allowed clean/inert waste.
The operator was also found to have lied about the amount of waste being received. After checking waste transfer notes provided by waste producers and hauliers, it was estimated that in 2016 alone almost 95,000 tonnes of waste was deposited at Stowey Quarry. This is double the 44,950 tonnes declared by M E Foley (Contractors) Ltd.
The investigation also questioned the true amount of waste received by the site since its operation began in 2012. The amount deposited at the site by 2016 was closer to 200,000 tonnes, well above the 65,000 tonnes the site was permitted to store to restore perimeter bunds and embankments using clean, inert waste.
Further defendants in the case will be sentenced in July at Bristol Crown Court and hearing dates for proceeds of crime proceedings have been set.
Penalties
The man was jailed for 2 years and 3 months. The man was also sentenced to a further 18 weeks, to be served concurrently, for supplying false information to the Environment Agency.
M E Foley (Contractors) Ltd failed to provide the court with any company accounts and was fined £72,000.
Five individuals arrested in connection with illegal waste crime investigation
The arrests were at five separate addresses in Warwickshire, Derbyshire and Nottinghamshire. These arrests relate to illegal burying of waste at six locations across Warwickshire, Derbyshire and Buckinghamshire
Environment Agency investigators were supported by police officers from Warwickshire, Derbyshire and Nottinghamshire Police forces, who made the arrests and enabled evidence gathering.
The investigation will now continue with the evidence seized and is expected to continue for several months.
An Environment Agency spokesperson said:
“The Environment Agency takes waste crime extremely seriously and we will persistently pursue those suspected of illegal waste activities.”
“Illegal waste activity damages the environment and diverts money from legitimate businesses and at the Environment Agency we do everything we can to bring those responsible to account.”
Farmers receive second convictions for criminal waste
A father and son have been convicted, with the latter jailed, following an Environment Agency investigation into the storage and burning of waste at their farm near Amersham.
An Environment Agency investigation found that the pair had accumulated wastes including wood, metal and waste from two agricultural concerns. The waste had then been set light to the rubbish, rather than disposing of the material via an authorised route. The blazes left mounds of smouldering ash. The men even incinerated rubbish they said had been fly-tipped.
The son was already subject to a suspended prison sentence for unrelated matters at the time of these offences.
Environment Agency investigators made a series of visits to the farm between 2017 and 2019. They also wrote to the men, telling them to stop illegally storing and burning the waste. However, the men continued to break the law regardless. Smoke with a chemical odour caused an Environment Agency officer’s eyes to sting.
When asked to explain their actions, the men told the agency they either hadn’t seen letters from crime officers or were unaware exemptions from permits for managing the waste had expired.
Later accompanied by county council enforcement officers, investigators found burning cardboard and PVC. They also saw a mountain of ash, with the charred remains of treated and untreated wood and other debris.
Officers discovered 2 more fires at Mop End Farm in June 2017, between 10 and 16 metres long and several metres wide and smoking ash, metal, rubble and wood and even manure burning unattended.
With no response to the request to stop offending, the Environment Agency took legal action against the two men. While the areas where the fires took place have been partially cleared, the landowner has until December this year to remove the remaining contaminated ash.
Breaches
The men each pleaded guilty to eight counts under the Environmental Protection Act 1990.
The offences occurred between or before January 2017 to June 2019, when they allowed waste to be stored and burned. They were also prosecuted for not properly documenting moving waste between different sites.
The son was sent to prison for 13 months, including 5 months for breaching an unrelated suspended sentence. In a separate hearing, the man was fined £40,000, with full costs of £15,122.45, and a victim surcharge of £140.
The father received a 6-month jail term, suspended for 2 years. As well as his suspended prison term, the father was ordered to pay the Environment Agency’s full costs of £14,925, and a £115 victim surcharge.
The pair were prosecuted 8 years ago for committing similar offences.
