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September 2014
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
Recent Publications

EUROPEAN CHEMICALS AGENCY (ECHA)

Prior informed consent (PIC) information now available online

Detailed information on the import and export of certain hazardous chemicals and pesticides subject to the PIC Regulation (PIC chemicals) has been published on ECHA's website. This information was previously only available via the EDEXIM tool.
 

Official Article 95 list for biocides published

ECHA has made the first official Article 95 list under the Biocidal Products Regulation available. The list provides names of the substance suppliers, their respective countries and the product types concerned. From 1 September 2015 biocidal products may not be placed onto the EU market unless the respective substance or product supplier is included on the Article 95 list for the appropriate product type.

 

MARITIME AND COASTGUARD AGENCY

The national contingency plan: A strategic overview for responses to marine pollution from shipping and offshore installations

This plan has been published for use by all UK emergency response organisations with roles in counter pollution and incident recovery activities. The plan reflects comments received during a recent consultation.

 

ENVIRONMENT AGENCY

Low risk waste activities guidance: Appendix A – Low risk waste activities

This guidance document has been extended to include additional low risk waste activities where the Environment Agency has decided not to pursue an environmental permit.
 

Climate Change agreements operations manual

The Environment Agency has published an updated version of this manual, which provides support to operators of climate change agreements.

 

NORTHERN IRELAND DEPARTMENT OF THE ENVIROMENT

Regulatory position statement: fresh produce by-products

This statement concerns the use of fresh produce by-products from farms and food processing facilities as animal feed or an energy crop input to anaerobic digestion.
 

Regulatory position statement: used tyres – the risks and your responsibilities

This statement concerns the disposal of waste tyres to appropriate facilities.
 

Guidance on applying for permissions to operate a waste management site, discharge to surface water and operate a part B PPC installation

This document aims to assist applicants for relevant Northern Ireland Environment Agency permissions.

 

DEPARTMENT OF ENERGY & CLIMATE CHANGE (DECC)

Contracts for Difference: standard terms and conditions and agreement documents

DECC has made the standard terms and conditions for the first allocation round of the Contract for Difference (CfD) available. These are supported by a generic CfD agreement. A series of phasing agreements have also been provided, which are specific to large-scale offshore wind to be constructed on a gradual, modular basis.
 

An introduction to the UK’s Greenhouse Gas Inventory

DECC has published an updated guide on the greenhouse gas inventory and the data used to compile it.
 

Renewable Heat Systems

DECC has published a series of case study documents concerning the application of domestic and non-domestic renewable heat systems:

  • Renewable heat systems case studies (non-domestic)

  • Renewable heat systems – case studies

 
Offences

Teesside company fined for operating unpermitted waste site

SB Recycling Ltd has been fined for operating a waste facility without an environmental permit.

The Environment Agency was first made aware of the illegal waste facility in Middlesborough during 2012. The site concerned had previously been in use by a waste management company. The previous occupier had gone out of business and the respective environmental permit was no longer valid.

An investigation by the Environment Agency identified that SB Recycling Limited was continuing to operate the site as a waste facility. An officer attended in November 2012 and identified that waste had been brought in and tipped.

SB Recycling Ltd did not make an application for an environmental permit, despite warnings from the Environment Agency that the company was in breach of the law.

SB Recycling Ltd was fined £14,400 with £2,008.35 in costs and a victim surcharge of £120. Wasted costs of £300 were also made against the defendant’s solicitor.

 

Perthshire farmer prosecuted for unauthorised drainage work

A farmer has been fined after he arranged unauthorised drainage work without prior consultation or authorisation by SEPA.

The farmer appointed a drainage contractor to undertake a programme of work to alleviate floodrisk at his farm in Milnathort. SEPA first became aware of the excavation of the Hatton Burn after they were contacted by a concerned resident.

An investigation by SEPA identified that nearly 128 metres of the burn’s river bed had been removed, alongside sections of the river bank and natural vegetation. The damaged burn is a protected brown trout breeding ground and habitat within Loch Leven, a SSSI. The investigation found damage to these habitats and those used by invertebrate species.

The farmer received two fines of £3,400 and £3,750, which were discounted from £5,000 due to early guilty pleas. Fines were issued for breaches of the following legislation:

  • Regulation 4 of the Water Environment (Controlled Activities) (Scotland) Regulations 2011, which prohibits activities subject to these regulations unless authorised and carried out in accordance with an authorisation;
  • Regulation 44(1)(a) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011, which makes it an offence to breach Regulation 4; and
  • Section 20(3)(d) of the Water Environment and Water Services (Scotland) Act 2003, which permits the Scottish Ministers to make regulations regarding building, engineering and other works in, or in the vicinity of, any body of inland surface water.

 

Northern Irish businessman fined for illegal polluting discharges

A quarry operator has been fined for in relation to a number of water pollution incidents in Co Monaghan.

Northern Ireland Environment Agency inspectors investigated four pollution incidents between November 2011 and April 2012. The inspectors identified elevated concentrations of suspended solids being received by the Drumnakilly Burn. The regulator traced the source of the pollution to sand wash discharges for the quarry.

The operator pleaded guilty in crown court and was fined a total of £14,000.

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