New publications this month:
OFFICE FOR ENVIRONMENTAL PROTECTION
Taking stock: protecting, restoring and improving the environment in England
This document is the first monitoring report against the government’s 25 year environment plan. A suite of policy recommendations are proposed.
DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)
Updated UK ETS Allocation Table for Operators of Installations
The table of free allocations under the UK ETS has been updated, reflecting recent activity level changes.
Methods of calculating greenhouse gas emissions associated with biomethane production
Methods are set out for the calculation of lifecycle greenhouse gas emissions from the production of biomethane and biogas for the Green Gas Support Scheme.
DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)
Monitoring the condition of the natural environment
This policy statement states data required to monitor whether the natural environment is improving. These data have been selected to examine the status of targets and interim targets included in the Environmental Improvement Plan.
Plant Protection Products (PPPs)
A range of guidance has been published on the PPPs regime. This reflects that registrations for the activities concerned are due by 22 June 2022:
ANIMAL AND PLANT HEALTH AGENCY (APHA) AND DEFRA
Issue plant passports to move regulated plant material in Great Britain
This guidance has been updated to reflect that EU suppliers may continue to attach plant passports issued by a UK authorised operator until 30 June 2023.
ENVIRONMENT AGENCY
UK Emissions Trading Scheme for installations: how to comply
This new guidance document is aimed at operators of installations under the UK ETS.
UK Emissions Trading Scheme for hospital or small emitters: how to comply
This new guidance document is aimed at hospitals and small emitters under the UK ETS.
Climate change agreements: umbrella agreements
Terms in all umbrella climate change agreements have been updated. This allows further facilities to be added to each agreement until 30 June 2022.
Flood and coastal risk projects, schemes and strategies: climate change allowances
Climate change allowances in this guidance have been updated.
Standard Rules Permits
The following standard rules permits were updated during May 2022:
Wording on conservation screening has been updated in the following standard rules permits:
Landspreading Guidance
A host of guidance has been published on landspreading and associated authorisation assessment and reporting requirements:
FORESTRY COMMISSION
Oak Processionary Moth - public information leaflet
Guidance is provided to the public on the identification and control of this invasive pest.
SCOTTISH GOVERNMENT
Stop, Sort, Burn, Bury - incineration in the waste hierarchy: independent review
This report concerns the role of incineration in the waste hierarchy in Scotland.
WELSH GOVERNMENT
Household waste duty of care - fixed penalty notices (FPNs): guidance
This guidance is aimed at Welsh Local Authorities and concerns the use of fixed penalty notices for breaches of the household waste duty of care.
Building Regulations Guidance
Guidance has been updated or published reflecting revised obligations on building work as a result of the Building (Amendment) (Wales) Regulations 2022. These amendments and the associated guidance come into force on 23 November 2022:
These changes are also supported by a new circular (WGC 003/2022).
DEPARTMENT OF AGRICULTURE, ENVIRONMENT AND RURAL AFFAIRS (DAERA)
Green Growth Strategy - Act Today Protect Tomorrow
These leaflets present actions within the Climate Change Act (Northern Ireland) 2022. Measures include five-year carbon budgets a net zero target by 2050 and just transmission commitments.
Man fined after burning waste illegally for months on end
A man from Cambridgeshire has been fined after he stored and burnt waste without a permit between April 2019 and September 2020.
A neighbour reported that commercial waste was being burnt at the site every three to five weeks. The waste was piled up with accelerants to start the fires. Items set alight included plastics, pallets, polystyrene and plumbing waste.
Fires at the site reportedly lasted for hours on end. The emissions led to the air being described as “toxic” as a result. Concerns were reported about the impact of the blazes on a neighbour’s health as well as that of their animals.
The Environment Agency wrote to the man on two occasions providing advice and requiring him to remove all the waste from the site. The man told officers in March 2020 that the waste had been removed. However, further fires then took place in April 2020 and continued after he was questioned in July 2020.
In mitigation, in court the man said he had been running his business legitimately for the past 18 months. Breach
The man pleaded guilty breaching Regulation 12 of the Environmental Permitting (England & Wales) Regulations 2016.
The man also pleaded guilty breaching Section 33(1)(c) of the Environmental Protection Act 1990:
Penalty
The man was fined £5,200. He was also told to pay a victim surcharge of £190 and costs of £4,302.
Man ordered to pay five figure fine for vehicle waste offences
A man from North Wales has been fined after pleading guilty to waste offences.
The man had been operating a vehicle breaker business out of Rhydymain near Dolgellau since 2018. Natural Resources Wales (NRW) commenced an investigation into his business practices in response to reports of alleged waste offences and proactive work by NRW enforcement officers.
The man had collected waste materials from paying customers without protecting the environment and did not have the correct permit to do so legally.
Breaches
The man pleaded guilty to two charges of operating a regulated facility without an environmental permit and one charge of failing to comply with a notice.
The man was handed a 12-month community order with 250 hours of unpaid work for operating regulated facilities without an environmental permit.
The man was also ordered to pay a £20,000 fine for failing to provide information after being served with a notice of offence and a £190 victim surcharge. He was also ordered to pay NRW’s investigation and prosecution costs of £11,500.
Penalties for man who stored waste illegally in Lincolnshire
A man has been fined after he pleaded guilty to operating a waste site without permission and allowing others to fly-tip there.
The man accepted and stored waste illegally at his home without a permit. While some of the waste was burned he also left his gate open. This allowed flytippers to deposit other waste on his site.
Waste present included tree cuttings, plastics, treated wood and construction waste. The waste material was kept at the location between 23 October 2019 and 2 June 2021.
Environment Agency officers visited the site in October 2019 after reports of material being burnt. The smoke from the fire was so thick the officers were unable to see each other. Metal sheeting, aerosols, ceramic pots and plastic were found on the burn pile. At the time, the man only had permission to burn green waste produced at his site.
Surveillance of the site was undertaken during February 2020 and June to July 2020. Officers noted tipper trucks bringing waste to the site on numerous occasions. The officers were told by drivers that a fee of £20 was being charged per load of waste.
The man was told on several occasions that he was not allowed to run the site in the way he was doing. Despite this, he continued to do so.
Further visits were made in July 2020. An attempt to regularise some of the activities had been made with the green waste now being shredded, but this operation still required a permit.
Additional visits were made in February and October 2021. Despite further warnings telling him to stop, the man continued to operate the site. Waste present included carpets, plastic and household waste.
In November 2021, a drone inspection found the site was still operating as a waste transfer station without any permits.
He pleaded guilty to operating a waste facility without a permit contrary to Regulation 12 and Regulation 38(1)(a) of the Environmental Permitting (England & Wales) Regulations 2016
The man also pleaded guilty breaching Section 33(1)(a) of the Environmental Protection Act 1990:
The man was fined £21,693.50, which included the avoided permitting costs and financial benefit gained by running the illegal site. The man was ordered to pay a contribution to prosecution costs of £10,000 and a victim surcharge of £181.
