New publications this month:
EUROPEAN COMMISSION
A European Strategy for Plastics in a Circular Economy
This strategy presents EU-wide commitments on the control of waste plastic. The strategy sets out measures to support the reuse, repair and recycling of plastic products in line with the circular economy concept.
EUROPEAN INTEGRATED POLLUTION PREVENTION AND CONTROL BUREAU
Best Available Techniques (BAT) Reference (BREF) Document for the Production of Large Volume Organic Chemicals
A revised BREF document has been published concerning the Production of Large Volume Organic Chemicals. This document provides BAT, supporting data and information on these techniques.
DEFRA
On 11 January 2018, the UK Government launched its 25 year environment plan. This document presents environmental policy intentions, objectives and targets for this period. The plan is split across ten topics, as follows.
Significant elements of the plan include reforms to water abstraction licensing, setting legally binding targets for five air pollutants, applying of ‘natural capital’ approaches to resource management and waste minimisation targets.
A document summarising the targets under the plan has been made available.
ENVIRONMENT AGENCY
Regulatory Position Statements (RPSs)
RPS 9: Collect and store mixed fuel from misfuelled vehicles
This RPS sets conditions operators must meet to collect and store this material without an environmental permit. The RPS has been extended until 31 December 2020.
RPS 139: Using waste tyres in escape ladders in water storage reservoirs
This RPS permits the use of waste tyres as escape ladders without an environmental permit, subject to conditions. The RPS will be valid until at least 31 January 2021, when it is to be reviewed.
RPS 209: Bioaerosol monitoring at regulated facilities - use of M9
This RPS concerns operators with a bespoke biowaste environmental permit or operators who want to change one of these permits. This RPE will be valid until at least 31 March 2019, when it is to be reviewed.
SEPA, NATURAL RESOURCES WALES & NORTHERN IRELAND ENVIRONMENT AGENCY (NIEA)
GPP 20: Dewatering underground ducts and chambers
This Guidance for Pollution Prevention (GPP) document provides guidance on the dewatering of underground ducts and chambers. This GPP replaces the former Pollution Prevention Guideline of the same name (PPG 20).
BREXIT UPDATE
The UK and European Cooperation Bodies
The UK Environmental Law Association (UKELA) has published a report on the impact of the EU Referendum’s outcome on environmental duties delivered by various EU cooperation bodies, networks and agencies.
The report assess the extent of the UK’s engagement with these bodies, considering whether future cooperation will be possible, any benefits this cooperation may represent and what environmental governance functions the UK could lose if cooperation is not possible.
The report considers the significance of the various EU bodies, concluding that the European Environment Agency, European Chemicals Agency (ECHA) and European Integrated Pollution Prevention and Control (IPPC) Bureau (Sevilla process) are of the greatest environmental and regulatory importance.
While there remains significant uncertainty due to ongoing negotiations between the UK and EU, the report identifies possible approaches for future participation with each EU environmental body. Barriers to participation, such as additional legislation or changes to the rules underpinning the organisation, are identified.
Haulage company fined for dumping construction waste on farms
CC Haulage & Sons Ltd (CC Haulage), a Devon-based haulage and site clearance company, has been fined after it was found guilty to dumping was on farmland.
When the Environment Agency attended a Farm in Tedburn St Mary, Devon in November 2016, officers identified that the haulage firm had deposited 7,820 tonnes of waste. Much of this waste was from building and construction sites. Further investigations identified that further tipping had occurred had three other farms in Devon.
The U1 waste management exemption allows holders to use certain types of waste, including specific streams from construction works, provided that its conditions are met. Conditions include a maximum tonnage that may be accepted at any site. Volumes dumped at the four farms in Devon were above these thresholds.
The Environment Agency first became aware of the offences when waste transfer notes identified CC Haulage as the source of the excessive volumes of waste at the farms. CC Haulage’s defence stated that the company had believed the farmers receiving the waste were appropriately permitted, but this had not been checked.
Penalty
CC Haulage was fined £14,000 and ordered to pay costs of £5,000. The judge also imposed a £90,000 Proceeds of Crime confiscation order against the company.
Construction firms fined for polluting groundwater with diesel
Kier Construction Limited (Kier) and their subcontractor BKP Waste Recycling Limited (BKP) have been fined after their actions lead to a groundwater pollution incident.
Kier had been commissioned to undertake redevelopment work at Christchurch Hospital. As part of the project, BKP had been appointed by Kier to drain and remove oil from an oil supply line in the hospital grounds.
Oil escaped from a poorly-made connection in the oil supply pipework, which failed during routine testing of heating systems at the hospital in November 2014. An Environment Agency investigation found that more than 11,000 litres had been released, polluting groundwater.
The case brought by the Environment Agency ultimately found both contractors guilty of negligence.
Breach
Both companies were found to have breached Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010:
Kier was fined £100,000 with £30,301 costs.
BKP was fined £10,200 with £42,851 costs.
Fines issued for waste permit breaches
Niramax Group Ltd (Niramax) has been fined for breaching its permits at two sites in the North East of England.
Fly Infestation
On 2 April 2015 a routine audit of Niramax’s facility in Washington identified a fly infestation. This was traced to two bay doors to the waste shed not operating correctly, preventing pest control measures from working effectively. Waste was also not sufficiently divided between the bays.
A second visit on 9 April 2015 found that flies remained but Niramax had taken some action to empty the waste from the bays. A third visit on 12 April 2015 found that the issues had been addressed.
Neighbouring businesses and residents spoken to by the Environment Agency confirmed the impact of the infestation.
Tyre Storage
The Environment Agency attended Niramax’ Hartlepool premises in June 2015 following dust complaints.
On 28 July 2015 an action plan was signed by the operator to address a number of permit breaches, including the application of fire prevention guidance and a dust management plan.
In February 2016 the Environment Agency reattended, identifying that the issues identified in June 2015 had not been addressed. An enforcement notice was issued on 14 June 2016, requiring that the site was cleared of tyres. On reattendance on 15 June, the amount of shredded tyre waste had been reduced, although the waste was still not contained within bays and no fire breaks were observed.
Niramax pleaded guilty to breaching its environmental permit in Washington and failing to comply with the enforcement notice issued at Hartlepool. The company was fined £16,000 with costs of £10,000.
