New publications this month:
ENVIRONMENT AGENCY, NATURAL RESOURCES WALES, DEFRA AND WELSH GOVERNMENT
Medium combustion plant: when you need a permit
This guidance has been updated to clarify it. Updated sections concern excluded medium combustion plant, determining plant capacity and applicable permit and compliance deadlines.
Additionally, standard rules permits are no longer available in Wales.
ENVIRONMENT AGENCY, SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA), NATURAL RESOURCES WALES, NORTHERN IRELAND ENVIRONMENT AGENCY (NIEA)
ESOS Newsletter, July 2024
This newsletter reflects that ESOS notifications of compliance are due to be submitted via the MESOS system by 6 August 2024. An update is also provided on the MESOS system.
DEFRA AND ENVIRONMENT AGENCY
Packaging data: what to collect for extended producer responsibility
This guidance reflects that the reporting deadline for data from the 1 January to 30 June 2024 period has been deferred to 9 August 2024 from 1 July 2024.
MINISTRY OF HOUSING, COMMUNITIES AND LOCAL GOVERNMENT, HM TREASURY, DEPARTMENT FOR ENERGY SECURITY AND NET ZERO AND DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES
Policy statement on onshore wind
This statement revised the National Planning Policy Framework, meaning that onshore wind is now subject to the same rules as other energy development. This removes barriers previously applied against onshore wind developments in England.
DEFRA
Environmental Improvement Plan: annual progress report 2023 to 2024
A progress update is provided against the 2023 Environmental Improvement Plan.
ENVIRONMENT AGENCY
Reservoirs: How to manage your large raised reservoir
Information is provided on how to ensure large raised reservoirs in England operate safely.
Check if your material is waste
The definition of waste service has reopened to submissions.
Low risk waste positions: tyres, rubber and plastic
The following low risk waste positions have been withdrawn as they have been replaced with Regulatory Position Statement (RPS) 301: Using whole waste tyres:
Owning a watercourse
This guidance has been updated to improve clarity. References to other guidance have also been provided.
Updated Permitting Guidance
The following guidance now reflects what happens if the regulator requires more information before a permit application can be classed as ‘duly made’:
Regulatory Position Statements (RPSs)
Two new RPSs and four updated RPSs were published during July 2024:
DEPARTMENT FOR ENERGY SECURITY AND NET ZERO
Energy Technology List
The energy technology list, which lists tested and assessed energy efficient products, is now hosted on a new website.
HM TREASURY
Sustainability Reporting Guidance 2024-25
This guidance is targeted towards central government bodies preparing annual reports and accounts. The guidance may be of interest for use by other public sector bodies.
NATURAL RESOURCES WALES
Find out if you need a permit for your boiler, engine or turbine
Guidance on medium combustion plant permitting has been updated.
Workplace Recycling – NRW approaches to regulating
An update has been provided on how Natural Resources Wales is enforcing the Waste Separation Requirements (Wales) Regulations 2023, which have been in force since 6 April 2024.
SCOTTISH GOVERNMENT
Waste heat recovery: introductory guide
An introduction is provided on the potential uses for waste heat recovery from commercial and industrial processes as a low carbon heat source and measure to improve energy efficiency.
WELSH GOVERNMENT
Public sector net zero reporting guide
Guidance and a spreadsheet supporting the public sector net carbon footprint reporting duty have been updated.
Hydrogen in rural energy systems (HyRES): guidance
Guidance is provided on the development of small-scale green hydrogen production and delivery within rural energy systems in Wales.
Cornish farmer fined for waste offences that harmed wildlife
A wildlife haven and badger sett in an old quarry were damaged when a Newquay farmer dumped waste and excavation waste on the site.
The court head that the farmer had created a track across farmland to gain access to a disused quarry. The quarry had become overgrown over decades and had been reclaimed by wildlife, including badgers that had developed a long-established sett. Over several months, the man was responsible for infilling the quarry with construction waste and destroying the habitat that had developed there.
Investigators found construction and demolition waste in the quarry that the farmer had been paid to dispose of.
The man had registered a U1 exemption, which authorises the use of specific types and quantities of clean waste materials in construction.
Waste transfer notes supplied by the man indicated he had imported around 1,200 tonnes of waste brick and concrete from a site in Newquay to construct a track. He told officers that the waste they had seen tipped into the quarry had come from his own farm and that he thought he did not need any permissions or paperwork for this. However, Environment Agency investigators identified that construction and demolition waste had been imported from a housing development site for disposal at the site and that the farmer had been paid to take it away. Some waste had also been burnt there.
Breach
The man was charged with breaching Regulation 12(1)(a) and Regulation 38(1) of the Environmental Permitting (England and Wales) Regulations 2016, alongside duty of care offences under Section 34(5) and Section 34(6) of the Environmental Protection Act 1990:
Penalties
The man was fined a total of £4,000 with £17,500 costs and ordered to pay £72,200.95 in a Proceeds of Crime Act 2002 confiscation, all to be paid within three months.
The man was also required to pay approximately £250,000 to HMRC for landfill tax costs he should have paid earlier for the waste, as well as paying his own legal costs.
Action taken to tackle illegal waste carriers in Sussex
Two road stops in Sussex have been undertaken to identify and stop illegal waste carriers. 29 vehicles were stopped, leading to the identification of 29 offences.
The Environment Agency and Sussex Police Rural Crime Team, in partnership with West Sussex local authority and the DVLA, carried out road stops in Bognor Regis and Hassocks during June 2024. Checks were undertaken of large haulage lorries and smaller vehicles carrying waste or vehicles that routinely carry waste as part of their business, to make sure their vehicles and paperwork were in order.
Breaches
Offences included no MOTs, improper driving licences, incorrect number plates, vehicle defects and tyre defects. In addition, three vehicles had no waste carrier licence and two vehicles had breached their duty of care.
The Environment Agency is considering appropriate enforcement action for the businesses or individuals that weren’t compliant.
Housebuilding company fined for water pollution
A company has been fined for illegal water discharges from the Enzo’s Homes Limited site, known as Abbey Woods in Llantarnam, between December 2022 and March 2023.
Releases impacted the Dowlais Brook, a tributary of the River Lwyd in Cwmbran. Inspections by Natural Resources Wales (NRW) officers revealed that the pollution was due to water run-off from the site, which had been contaminated with silt.
NRW officers met with site managers on multiple occasions between December 2022 and January 2023 to discuss the necessary mitigation needed to minimise the risk of pollution. NRW officers raised concerns in relation to the silt fences on site and their ability to cope with heavy rain. It was made clear that significant improvements in mitigation measures were needed in order to prevent continued or new discharges of silty water into the adjacent watercourses.
A warning letter was issued to Enzo's Homes Limited on 12 December 2022.
On 12 January 2023, NRW officers attended the site to find that overnight rainfall had completely overwhelmed the mitigation measures in place. These mostly comprised silt fences and attenuation ponds designed to temporarily hold and gradually release water to prevent flooding during heavy rainfall.
On 20 January 2023, NRW attended again. While it was noted that some attempts had been made to improve the mitigation measures, concerns remained regarding the large build up of silt behind the fences and that the measures would not cope with further rainfall.
During a subsequent site visit on 13 March 2023, it was observed that the silt mats were already full of silt and not providing any level of silt removal as water was flowing over and around them. A silty plume was entering the Dowlais Brook and it was determined that the mitigation measures were still unable to cope.
Water samples obtained and analysed by NRW officers in January 2023 revealed high levels of suspended solids in the small watercourse adjacent to the building site. Silt can have a negative impact on fish and other invertebrates, clogging their gills and reducing light penetration in the water.
The construction company pleaded guilty to causing an illegal water discharge activity between 22 December 2022 and 13 March 2023, which is an offence under the Environmental Permitting (England and Wales) Regulations 2016.
Penalty
Enzo's Homes were fined £20,000, as well as being ordered to pay a £2000 victim surcharge and NRW costs of £7,389.42.
