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Preview Email
Changes for February 2014 - Environmental

Pertinent Legislation Amended in February 2014
CLIMATE CHANGE LEVY (GENERAL) REGULATIONS 2001, AS AMENDED
 

Finance Bill 2014

In the 2013 budget the government announced an exemption from the climate change levy (CCL) for energy used in metallurgical processes (including metal recycling) and mineralogical processes.

This exemption is projected to apply from 1 April 2014 and is set out in Schedule 1 to the Draft Finance Bill 2014, which was published in December 2013. The Schedule to the Bill will amend Schedule 6 (Climate change levy) of the Finance Act 2000.

The introduction of the exemption is to be supported through Regulations to be made to permit the Environment Agency to withdraw climate change agreements (CCAs) previously entered into by eligible processes that will become covered by the new CCL exemption.

The government has also proposed that the CRC Energy Efficiency Scheme Order 2013 will be amended in 2014 to exempt energy used in metallurgical and mineralogical processes from the CRC regime.

Climate Change Levy (Fuel Use and Recycling Processes) (Amendment) Regulations 2014

These regulations will exempt solid fuels used for structural purposes in the production of syngas from industrial and municipal waste from the climate change levy.

These regulations come into force on 1 April 2014

Recent Publications

DEPARTMENT OF ENERGY & CLIMATE CHANGE (DECC)

The Green Deal: Guide to cashback for energy-saving home improvers

An updated guide on the Green deal cashback scheme has been published, detailing enhanced cashback levels available for certain household improvements from 13 December 2013 onwards.

Timber Standard for Heat & Electricity

To be eligible for the renewables obligation or renewable heat incentive, woodfuel must meet sustainability criteria. This guidance document sets out how the sustainable forest management criteria will apply to this use of fuel.

 

DEFRA

Informal consolidation of the Nitrate Pollution Prevention Regulations 2008, as amended

Defra has published an unofficial consolidation of the Nitrate Pollution Prevention Regulations 2008, which concern the control of nitrate used on land designated as nitrate vulnerable zones (NVZs) in England. This consolidation incorporates changes from the five amendments to the 2008 regulations.

 

ENVIRONMENT AGENCY

Regulatory Position Statement 128: The short term storage of refuse derived fuel (RDF) at a dockside

This statement authorises the temporary storage of RDF (EWC 19 12 10) at docksides pending its loading or unloading for export or import for energy from waste without a permit. This authorisation only applies should the controls specified be met.

The statement was produced in order to allow a regulatory solution to be development and does not apply to intermediate storage sites or other transit points, which require a permit.

Regulatory Position Statement 131: The short term storage of chipped wood waste for fuel at a dockside

This statement authorises the temporary storage of chipped wood waste (EWC 19 12 07) at docksides pending its loading or unloading for export or import for recovery without a permit. This authorisation only applies should the controls specified be met.

The statement was produced in order to allow a regulatory solution to be development and does not apply to intermediate storage sites or other transit points, which require a permit.

 

SEPA

SEPA Position Statement on land protection (Reference EP 054)

This statement concerns SEPA’s role and position on the protection of land. This document describes how SEPA will engage on land-related issues to support the Scottish Government’s Land Use Strategy.

This statement replaces the former Environmental Policy (EP) number 054, which was titled “Land protection policy”.

 

SCOTTISH GOVERNMENT

Scottish Marine and Freshwater Science Volume 5 Number 2: A protocol to implement the interim Population Consequences of Disturbance (PCoD) Approach: quantifying and assessing the effects of UK offshore renewable energy developments on marine mammal populations

Scottish Marine and Freshwater Science Volume 5 Number 3: The Science of Deepwater Oil Spills - Results from the 2013 Marine Scotland Science Workshop

 
Offences

Fines for two skip companies caught burning wood

The Environment Agency has fined two skip companies for providing wood to an illegal wood burning site. The landowner carrying out the wood burning has also been fined.

Environment Agency investigators identified that at least eighteen lorry loads of wood had been dumped at the site in Upminster, Essex during January 2012. The investigators went onto the land with the police and found stockpiles of chipboard, varnished and painted wood near the fire. A very large ash pile of around 161m3 was observed at the site.

Although the two skip companies were licensed waste carriers, the crime was found to have been financially motivated.

In mitigation the landowner stated that he did not know it was illegal to receive waste wood at his premises. Although the landowner had not been directly charging the waste carriers, an honesty box was in place for payment.

The landowner pleaded guilty to running a waste operation unauthorised by an environmental permit under Regulation 12(1)(a) and 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010. The landowner was fined £1,000 and ordered to pay contributions towards costs of £1,000.

Both skip companies pleaded guilty to breaches of Section 33(1)(a) and 33(6) of the Environmental Protection Act 1990. Modern Skips Ltd was fined £10,000 and ordered to pay £4,600 costs. Excel Skip Hire Ltd was fined £5,000 plus costs of £2,300.

  • Regulation 12(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010 requires that persons must not operate regulated facilities unless authorised by a suitable environmental permit.
  • Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010 makes it an offence to contravene Regulation 12(1).
  • Section 33(1)(a) of the Environmental Protection Act 1990 prohibits persons from depositing waste, or knowingly permitting it to be deposited in or on any land unless a permit authorising the deposit is in force and the deposit is in accordance with this.
  • Section 33(6) of the Environmental Protection Act 1990 makes is an offence to contravene Section 33(1)(a).

 

Abattoir operator fined for breaching permit condition

A Stirling abattoir operator has been fined for breaching a condition of its environmental permit and a subsequent enforcement notice.

SEPA attended the abattoir on 29 January 2013 following a complaint regarding pollution and odours from a tributary into the River Allan. Releases were traced to an abattoir in Bridge of Allan. An officer identified that manure, slurry, bedding and paunch contents were not being stored correctly in  the manure storage area (dung midden), causing the contamination of run-off entering a watercourse.

SEPA returned to the site on 6 February 2013. Despite some improvement and no further releases to the watercourse being apparent, materials were still being stored outside the dung midden.

SEPA issued an enforcement notice, requiring that the storage issue be dealt with by 12 February 2013 to bring the abattoir into compliance with the permit. SEPA returned to the site on 12 February 2013 and identified that the issue remained ongoing.

The abattoir operator pled guilty to breaches of Regulation 30(1)(b) and 30(1)(d) of the Pollution Prevention and Control (Scotland) Regulations 2000 and Section 2 of the Pollution Prevention and Control Act 1999. The operator received fines totalling £26,250.

  • Regulation 30(1)(b) of the Pollution Prevention and Control (Scotland) Regulations 2000 makes it an offence to fail to comply with or to contravene a condition of a permit.
  • Regulation 30(1)(d) of the Pollution Prevention and Control (Scotland) Regulations 2000 makes it an offence to fail to comply with the requirements of an enforcement or suspension notice.

 

£60,000 Confiscation Order secured against Coalisland Car Breaker

A County Tyrone man has received a Confiscation Order totalling £60,000 for operating an unlicensed car breaker’s business.

On 24 October 2012 a Northern Ireland Environment Agency officer attended the breaker’s yard and found that around 800 end of life vehicles (ELVs) and their parts were held. Officers returned to the site on 1 May 2013 and found that a large amount of EVLs remained on site.

The breaker’s yard was not subject to a waste management licence or licence to operate as an authorised treatment facility for ELVs. A waste management licence was subsequently applied for and received for the site.

On 18 February 2014 the operator of the yard pleaded guilty to six charges under the Waste and Contaminated Land (Northern Ireland) Order 1997 relating to the unauthorised deposit and treatment of waste and the failure to provide information requested by an officer.

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