New publications this month:
DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY (BEIS)
Determinations of the EU ETS carbon price
The carbon price for 2017 under the Greenhouse Gas Emissions Trading Scheme Regulations 2012 will be £4.67 per EU Emissions Allowance (EUA).
ENVIRONMENT AGENCY
Export ozone-depleting substances and F-gases: special rules
The guidance document details licences and special rules for exporting ozone-depleting substances and F-gases.
Treatment and disposal of invasive non-native plants: RPS 178
The regulatory position statement (RPS) sets conditions that must be met for the disposal of invasive non-native plant material, and the substrate in which it is rooted, without a permit.
Temporary storage of end-of-life vehicles (ELVs) at a motor manufacturer’s dealership: RPS 205
The regulatory position statement (RPS) sets conditions that must be met to store ELVs at a motor manufacturer’s dealership without an environmental permit.
Decommissioning onshore oil and gas wells drilled before 1 October 2013
The regulatory position statement (RPS) sets conditions for decommissioning a well drilled before 1 October 2013. Complying with the conditions in this statement removes the requirement to have a mining waste permit to manage the extractive waste generated.
SENTENCING COUNCIL
Environmental offences: Assessment of guideline
The Sentencing Council has published its assessment of the impact of its environmental guideline on sentencing trends.
SCOTTISH GOVERNMENT
Low Carbon Behaviours Framework: Key Behaviour Areas - Data for Scotland
This is a report on the uptake of the Scottish Government's 10 low carbon key behaviour areas for individuals and households.
Waste criminals fined £6,320 for illegal wood disposal
The director of a Faversham-based waste management business and a landowner have been fined for burning wood waste. The site, Woodside House in Canterbury, did not hold a permit.
Complaints were received by the Environment Agency in relation to the burning waste at the site. In December 2013, the Environment Agency witnessed an East Kent Recycling Ltd vehicle depositing its contents onto a burning fire at Woodside House. Advice and guidance letters were sent to the landowner in relation to these incidents.
Breach
The Director of East Kent Recycling Ltd pleaded guilty in a personal capacity, to depositing waste wood without an environmental permit.
In addition, the landowner pleaded guilty to causing or permitting the operation of a regulated facility without an environmental permit.
Penalty
The Director of East Kent Recycling Ltd was fined £2,150 with £750 costs at Folkestone Magistrates’ Court and the landowner was fined £2,670 with £750 costs.
Bidwell Metals Ltd will close Somerset scrapyard after noise complaints
Bidwell Metals Ltd (BML), a long-established scrap metal business in Bath, will close its Somerset scrapyard following serious noise nuisances. BML was a permitted site but its waste activities that caused a nuisance was undertaken under exemptions.
Nuisances related mainly to the operation of the company’s aluminum shredding machine, but there was also noise from forklift trucks, angle grinders and mechanical grabs. Up to 10 local properties were affected, three very seriously.
The Environment Agency confirmed that as a result of the company’s actions, their waste exemption activities were being de-registered and would therefore have to stop. BML challenged this decision as they believed the Agency had incorrectly applied UK and EU law and that the company had acquired a ‘prescriptive right’ to cause a noise nuisance because of the length of time the business had been in existence. It also alleged the Agency had failed to consider BML’s property rights under Human Rights law.
The Outcome
BML withdrew its claim on the first day of a hearing. BML agreed to close down the site under a court order.
If Bidwell Metals Ltd fails to comply with the order, the Environment Agency can take action against it for contempt of court.
Waste company fined for breaching permit
Winters Haulage Ltd has been prosecuted for breaking rules set out in its environmental permit.
The Environment Agency discovered an excessive quantity of waste on site which was being stored in the yard outside of the waste reception building. Officers also noted that the height of the waste exceeded the level allowed in the permit.
Environment Agency officers provided repeated advice and guidance to help the company meet its permit requirements but the site failed to resolve the problems.
The company was fined £15,000, ordered to pay costs of £13,878.34 and a victim surcharge of £120. Winters Haulage Ltd no longer operates at the site.
