New publications this month:

DEFRA AND ENVIRONMENT AGENCY

Control and monitor emissions for your environmental permit

Additional information is provided on biowaste and bioaerosols with respect to waste treatment operations.

Waste: environmental permits

Operators may now apply online for bespoke permits for certain waste operations.

Fluorinated gases and ozone-depleting substances: how to do business in the transition period

The new guidance is targeted towards businesses who trade and deal in fluorinated gases and ozone-depleting substances. It concerns requirements applicable until the end of the post-Brexit transition period.

Fluorinated gases and ozone-depleting substances: how to do business from 1 January 2021

Guidance is provided on what companies trading or dealing in fluorinated gases and ozone-depleting substances must do after the end of the post-Brexit transition period.

ENVIRONMENT AGENCY

Exempt flood risk activities: environmental permits

Exempt flood risk activity FRA11 (constructing a single small access platform on the bank of a river or that projects into or over a main river) has been updated. This reflects that the exemption covers the construction of a single access platform only.

RPS 206: Using unbound incinerator bottom ash aggregate (IBAA) in construction activities

The expiry date of this regulatory position statement has been extended to 31 July 2020.

DEPARTMENT FOR TRANSPORT

Motor fuel greenhouse gas emissions reporting

This document provides guidance for motor fuel suppliers on the reporting of greenhouse gas emissions. Further information is provided on the greenhouse gas intensity of electricity and reporting upstream emissions reductions.

Renewable Transport Fuel Obligation: registered companies

The register of companies authorised to claim renewable transport fuel certificates and greenhouse gas credits has been updated.

SCOTTISH GOVERNMENT

The Environment Strategy for Scotland: vision and outcomes

The Scottish Government has published a series of documents on its overall environment strategy. This records policy intentions with respect to the UN Sustainable Development Goals.

WELSH GOVERNMENT

Policy statement: local ownership of energy generation in Wales - benefitting Wales today and for future generations

This policy statement sets out three revised targets for energy generation in Wales:

• Wales to generate electricity equal to 70 per cent of its consumption from renewable sources by 2030
• 1 gigawatt (GW) of renewable electricity and heat capacity in Wales to be locally owned by 2030
• New energy projects to have at least an element of local ownership from 2020

NATURAL ENGLAND

Bat roosts: insecticides and timber treatments

Natural England has published a list of chemicals that may be used in or near bat roosts if bats aren’t present.

BREXIT UPDATE

February saw the publication of the UK and EU’s negotiating mandates for post-Brexit trade talks. Both parties have set out what they intend to be included in the proposed trade agreement, which would apply from 1 January 2021.

The UK and EU’s respective positions on future arrangements that may affect environmental law are described below.

The Future Relationship with the EU: The UK’s Approach to Negotiations

On 27 February 2020 the UK published its mandate for post-Brexit trade talks. This broadly aims to achieve legal autonomy and states that the UK will not negotiate “an arrangement where it does not have control of its own laws or political life”. It is intended that the mandate leads to a comprehensive free trade agreement (CFTA).

The UK Government aims to have a broad outline of an agreement in place by June, which would be finalised by September.

Elements of the mandate presenting aims of the agreement relevant to the environment are presented below:

Environmental Elements

• A requirement for reciprocal commitments to not weaken or reduce the level of protection from environmental law in order to encourage trade or investment but allowing either party to adopt or modify environmental laws in line with its priorities.
• Continued application of multilateral environmental agreements across the UK and EU.
• Establishing arrangements to cooperate on environmental issues.
• However, environmental provisions of the agreement should not be subject to a dispute resolution mechanism.
• Any agreement should include measures for sustainable development, reflecting protections by labour and environmental law.

Energy

• The UK is open to considering an agreement on energy. This could cover energy trading, carbon pricing and climate change measures.
• The UK will implement a UK system to achieve net greenhouse gas emissions by 2050 to enable energy generators, heavy industry and aviation to decarbonise efficiently and cost effectively.
• The UK is open to considering a link between any future UK emissions trading system and the EU emissions trading system (EU ETS).
• Any agreement must recognise the EU and UK’s right to regulate to meet their climate goals under the Paris Agreement.

Sanitary and Phytosanitary (SPS) Control

• Maintaining SPS measures reflecting existing standards to protect human, animal and plant life and health.
• Recognising health and pest status in the UK and EU and applying suitable checks and emergency measures to control pathogens.
• An ‘equivalence mechanism’ is proposed to manage equivalent biosecurity standards in order to achieve market access. International standards would be applied under the agreement.

Chemicals

• The agreement should facilitate trade in chemicals and related products.
• This could include cooperation between EU and UK authorities (e.g. the European Chemicals Agency (ECHA)) after the end of the transition period.

• Data sharing arrangements and memorandums of understanding are proposed for the chemicals trade between UK authorities and ECHA.

European Union Mandate for Post-Brexit Trade Talks

On 25 February 2020 the EU published its mandate for post-Brexit trade talks. This defines intended principles for a partnership agreement with the UK following the end of the post-Brexit transition period.

The EU aims to have as close as possible a partnership with the UK in the future. The mandate aims to ensure a level playing field for open and fair competition, including common high environmental and climate change standards.

Elements of the mandate are expected to be controversial, given the UK’s mandate published on 27 February 2020 and public statements by members of the Government.

Elements of the mandate relevant to the environment are presented below:

Environmental Commitments

• While aiming to ensure a level playing field, the EU proposes that the EU and UK would be autonomously able to regulate economic activity with respect to objectives including public health, animal and plant health and welfare, safety and the environment, including the fight against climate change.
• Central to the partnership would be a commitment to ensure that the level of environmental protection legally is not reduced below the level applicable in the EU and UK at the end of the transition period. This specifically includes the following as a minimum:
  • Access to environmental information;
  • public participation and access to justice in environmental matters;
  • environmental impact assessment and strategic environmental assessment;
  • industrial emissions;
  • air emissions and air quality targets and ceilings;
  • nature and biodiversity conservation;
  • waste management;
  • the protection and preservation of the aquatic environment;
  • the protection and preservation of the marine environment;
  • health and product sanitary quality in the agricultural and food sector;
  • the prevention, reduction and elimination of risks to human and animal health or the environment arising from the production, use, release and disposal of chemical substances; and
  • climate change.
• The partnership would need to ensure both parties respect the precautionary principle, principles of preventive action, that environmental damage should be tackled at source and the polluter pays principle.
• Commitment to global cooperation in areas including climate change, cross-border pollution, sustainable development and environmental protection public health
• The envisaged partnership would promote the implementation of the United Nations 2030 Agenda for sustainable development.
• The planned partnership would cover multilateral environmental agreements, including those regarding climate change and biodiversity

Climate Change

• The UK would be required to maintain a system of carbon pricing at least as effective and to the same scope as that applicable both at the end of the transition period and during the period afterwards.
• A commitment that the EU and UK should consider linking the UK’s greenhouse gas trading system with the EU Emissions Trading System (EU ETS).
• In areas not subject to carbon pricing, the UK would not be able to reduce the level of protection below common standards in place at the end of the transition period.
• A requirement that the partnership should promote trade favouring environmentally and climate friendly goods and low-emission, climate resilient development.

Phytosanitary Standards

• The mandate proposes that sanitary and phytosanitary measures with the UK should exceed minimum standards set by World Trade Organisation arrangements.

Energy and Raw Materials

• A partnership that should promote development of a sustainable and safe low-carbon economy, including investment in renewable energy and energy efficiency.
• A commitment to effective carbon pricing on supplies of electricity and gas.

Fly-tipper jailed after three years on the run

A man from Plymouth who fled the country after repeated fly tipping has been sent to prison.

The man was found to have dumped rubbish at 18 sites in the space of a year. Residents were called on uninvited where the man offered to take rubbish to the tip for cash. However, the rubbish did not go to the tip and was instead dumped in the countryside.

On one occasion McDonagh was seen transferring concrete rubble from one van to another in Teignmouth. The latter was abandoned and asbestos discovered inside. The van was later destroyed.

In court the man pleaded guilty to fly tipping at 18 different locations during a 12-month period. However, he caught a ferry to Ireland before he was due in court in February 2017.

Penalty

In his absence, the man was sentenced to 20 months in prison. A European arrest warrant was issued and the man turned himself in to the police in Ireland late last year. He has now been extradited back to Devon to serve his sentence.

The man appeared in Plymouth Crown Court on 24 February 2020 and was told he would begin serving his sentence along with an additional six weeks in prison for failing to surrender to custody.

Wessex Water pays for an incident that led to the pollution of a Dorset nature reserve

An enforcement undertaking has been accepted following a sewage release to a nature reserve.

On 23 January 2018 a sewage main operated by Wessex Water burst and polluted a surface water ditch within the Stoborough Heath is a National Nature Reserve. The reserve has numerous water-filled ditches rich in plant and animal life.

The incident was reported by Wessex Water.

The Environment Agency found that the pollution incident had a ‘severe impact’ on aquatic invertebrates over a distance of approximately 100 metres, deteriorating water quality. This was evident from raised levels of ammonia and sewage fungus in the ditch. No impact was found on the main watercourse.

Wessex Water subsequently spent £50,000 installing a burst detection system along the rising main that caused the pollution incident.

Breaches

Wessex Water pleaded guilty to breaching Regulation 12 and Regulation 38 of the Environmental Permitting Regulations 2016:

• Regulation 12 prohibits the operation of regulated facilities, water discharge activities or groundwater activities without and in accordance with an environmental permit.
• Regulation 38 makes it an offence to breach Regulation 12.

Enforcement Undertaking

The Environment Agency accepted Wessex Water’s offer of £25,000 to the RSPB. The money will be spent on ditch and wetland habitat restoration at Lytchett Fields and heathland management at the RSPB’s nearby Arne reserve.

In addition, the water company offered £10,000 to Dorset Wildlife Trust as a contribution towards environmental improvements as part of the Poole Harbour Catchment Partnership Project.

Wessex Water also carried out further actions to benefit an impacted third party.

Farm business fined for water pollution offence

A farm business in Co Tyrone at Coleraine Magistrates’ Court for a pollution offence.

On November 21, 2018 Northern Ireland Environment Agency (NIEA) carried out an inspection at Castleroe Burn, upstream of its confluence with the lower section of the River Bann.

An extensive amount of grey fungus was observed on the bed of the river and on vegetation along the waterway. Having proceeded upstream, NIEA inspectors discovered a grey/beige liquid discharging from a black perforated pipe to the Kilmaconnell tributary. They also identified frothing on the surface of the water and more grey fungus. Further upstream the waterway was found to be clean and clear.

A NIEA inspector discovered that a below ground whey tank, located approximately 30 metres from an open field drain, was almost empty. It was identified that the tank had rusted through, causing it to leak into the waterway,

The results of a sample taken confirmed that the discharge contained poisonous, noxious or polluting matter which was potentially harmful to fish life.

Breach

Malcolm Keys (Farms) Ltd was charged under Article 7(1)(a) of the Water (Northern Ireland) Order 1999, as amended by the Water and Sewerage Services (Northern Ireland) Order 2006:

• Article 7(1)(a) makes it an offence to knowingly or otherwise discharge or deposit any poisonous, noxious or polluting matter so that it enters a waterway or water contained in any underground strata

Penalty

Malcolm Keys (Farms) Ltd was fined £1,250.