New publications this month:
DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)
Moving ozone-depleting substances (ODSs) between Great Britain and Northern Ireland
The obligations detailed in this guidance must be met to move ODSs between Northern Ireland and Great Britain.
Moving F gas between Great Britain and Northern Ireland
The obligations detailed in this guidance must be met to move F gases between Northern Ireland and Great Britain.
DEFRA, WELSH GOVERNMENT, NATURAL ENGLAND AND NATURAL RESOURCES WALES
Duty to protect, conserve and restore European sites
Competent authorities must discharge their duties with respect to European sites as detailed in this guidance.
Habitats regulations assessments: protecting a European site
Competent authorities should determine whether plans or projects that may affect European sites may go ahead in line with this guidance.
Special Nature Conservation Orders and stop notices
These orders and notices detail how orders and notices will be used and may be appealed under the European protected site regime.
DEFRA, DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS) AND OFFICE FOR PRODUCT SAFETY AND STANDARDS (OPSS)
Restriction of hazardous substances (RoHS) exemptions: how to apply
On 1 January 2021 a Great Britain-only version of the Restriction of Hazardous Substances (RoHS) in electrical and electronic equipment regime was introduced. This guidance details where products may be eligible for exemptions and how an exemption may be applied for.
DEFRA
Domestic solid fuels: rules for local authorities in England
This guidance details enforcement action that may be undertaken where domestic solid fuels are placed on sale in England but do not meet legal requirements.
Selling coal for domestic use in England
Coal merchants and retailers selling traditional house coal may only do so in England after 1 May 2021 where the requirements described in this guidance are met.
Selling fuel in smoke control areas
The authorisation process for fuels to be used in smoke control areas is set out. This includes the requirement on certification for fuels to be used in smoke control areas from 1 May 2021.The certification process is described in further detail in separate guidance.
Selling wood in volumes of 2 cubic metres or more in England: customer notice
Where more than 2m3 of cubic metres of wood is sold, this notice must be provided to ensure the wood is dried, stored and checked before use.
Selling wood for domestic use in England
Duties on wood suppliers and sellers of wood for burning from 1 May 2021 are set out.
ANIMAL AND PLANT HEALTH AGENCY (APHA) AND DEFRA
Handling and disposing of international catering waste
Guidance on the disposal of international catering waste has been updated to reflect the UK’s departure from the EU.
ENVIRONMENT AGENCY
Monitoring stack emissions: low risk MCPs and specified generators
This document, which supersedes Technical Guidance Note (TGN ) M5, details how emissions from low risk medium combustion plants and specified generators should be monitored.
DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)
Combined Heat and Power (CHP) Guidance
A series of guidance documents regarding CHP projects has been published and updated across five parts:
DEPARTMENT FOR TRANSPORT
E10 petrol explained
The benefits of E10 petrol are set out. A vehicle compatibility checker for this fuel is also provided.
WELSH GOVERNMENT
Beyond recycling
On 2 March 2021 the Welsh Government launched its plan to make the circular economy in Wales a reality. This comprises:
Future Wales: The National Plan 2040
This document forms the development plan for Wales. It influences all levels of the planning system in Wales and will inform strategic and local development plans.
Written Statement: Wales’ pathway to achieve net zero emissions
Regulations have been laid to formally commit Wales to legally binding targets to reduce emissions, as follows:
Nearly zero energy buildings (WGC 002/2021)
This planning circular clarifies how new buildings must meet the nearly zero energy building standards.
Vehicle linked to fly tipping seized by the Environment Agency
Environment Agency officers and Kent police officers have seized a vehicle after raiding a farm near Iwade in Kent on 25 February 2021.
The 8-wheeled tipper truck seized is believed to have been used to fly tip waste in Rainham, Kent.
The owner of the seized vehicle has until 18 March 2021 (15 days from the date of a seizure notice) to claim to have the truck returned to them. If no legitimate claim is made, the vehicles will be sold or crushed.
The Environment Agency has issued a statement, stating that:
“This sends out a strong message that we will use all our powers possible to stop waste crime which harms the environment, wildlife and the community, as well as undermining the work of companies that operate legitimately.
To help avoid your waste ending up at an illegal waste site, we encourage you to ask for your waste collector’s waste carrier’s registration number and ask to see their waste transfer note, they must have these.”
Enforcement Powers
The Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015 enable the Environment Agency and Natural Resources Wales to seize and impound vehicles, trailers, mobile plant and their contents without a warrant if they suspect:
Landowner fined for neglecting riverside wall in Bristol
A landowner has received significant fines after a disintegrating boundary wall presented an increased risk of flooding.
An earlier inspection of the southern boundary wall at the Windmill Farm Business Park in Bedminster, Bristol found it was in poor condition. Sections of the wall had collapsed into the Malago Brook, a tributary of the Lower River Avon. The remainder of the wall was also at risk of failure. The watercourse affected is classified as a main river.
The Environment Agency was concerned that masonry and other debris from the disintegrating wall could be washed downstream, increasing flood risk to a large number of properties.
In 2009 the landowner, Maysouth Ltd, applied to the Environment Agency for permission to carry out repairs to the wall. The application was refused on the grounds the company had failed to provide sufficient information. Permission was granted for certain temporary works however, including the installation of scaffolding wall props in the river channel.
In 2011 the Environment Agency decided to install a trash screen where the Malago Brook enters a culvert. This would prevent debris being carried downstream to the confluence of the Malago and Lower River Avon, where it could block or force open a tidal flap. It was not possible to install the screen because of the poor condition of the retaining wall. The Agency decided to delay any in-river works until the repairs had been completed.
Following a site meeting in December 2011, Maysouth Ltd said it no longer believed the wall was its responsibility and would not be carrying out any repairs. The company claimed maintenance of the wall and any repairs lay with Bristol City Council. This view was challenged by the council. Therefore, responsibility fell to Maysouth Ltd as a riparian owner.
In September 2014, the Agency served Maysouth Ltd with a legal notice requiring it to repair the wall. Following further site visits and unsuccessful discussions, the Agency served a second notice in May 2016 with a 6 month deadline. When officers returned in December 2016 the wall still hadn’t been repaired and three sections had fallen away. Temporary scaffolding supports were still in place and there was debris in the river channel.
Maysouth Ltd were subsequently prosecuted to ensure future compliance. Two years later in May 2018, the company finally accepted it was responsible for the wall and half the riverbed and that it had not complied with the notice.
Despite the earlier conviction, Maysouth Ltd, failed to carry out the repairs so were brought back to court in 2020. Appearing before Bristol magistrates, the company contested that a further daily penalty should be imposed for non-compliance. The court disagreed.
Penalty
As a result of the court proceedings, Maysouth Ltd was fined £26,760 and ordered to pay £10,585 costs for continuing to fail to comply with a notice served in May 2016.
Potato grower enters into enforcement undertaking following river pollution
The discharge of sludge into a stream during the cleaning of a factory led to a pollution incident and an enforcement undertaking agreed with the Environment Agency.
During routine weekend cleaning of the company’s factory in Worstead in September 2019, sludge was allowed to flow into the Smallburgh Stream. As adequate monitoring measures were not in place, the sludge was not detected was pumped away, making its way through a network of tanks, to discharge into the river.
Enforcement Undertaking
Albert Bartlett and Sons (Airdrie) Ltd offered an enforcement undertaking to the Environment Agency, which was accepted. This involved a payment of £14,000 to the Norfolk Rivers Trust. The company also had to pay costs, including those of the Environment Agency.
The money donated to the Norfolk Rivers Trust will support the charity’s work in creating aquatic habitats, conservation and restoration, education, and providing advice on land management and farming.
The Environment Agency accepted the offer from Albert Bartlett and Sons Ltd in recognition of a number of factors. These included the fact that the pollution was limited and had no lasting impact on the stream, that the discharge was the result of negligence rather than dangerous or foolhardy behaviour, and that the company had since spent a lot of money on infrastructure and systems improvement to prevent a recurrence.
