Climate Greenspace Environmental Legal Update: September 2021


Welcome to the Climate Greenspace Environmental Legal Update: September 2021 monthly email as part of your subscription to Waterman's Greenspace platform. The monthly updates show any:

  • new legal entries added to your register;
  • amendments to legal entries in your register; and
  • legal entries removed from your legal register.

It also contains links to new publications from Government and regulatory bodies and examples of relevant offences, highlighting how legislation is implemented and enforced in practice.
As well as receiving this update by email you will also find it saved on your Greenspace site under the Legal Register > Monthly Updates tab at the top of your Greenspace page.


 
 
 
 
September 2021
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

New publications this month:

DEFRA

UK plan for shipments of waste

This document presents current government policy on shipments of waste for disposal to and from the UK.

 

Air emissions risk assessment for your environmental permit

Updated Environmental Assessment Levels (EALs) have been published for arsenic, benzene, chloroform, chromium VI, ethylene dichloride, methyl chloroform, naphthalene, tetrachloroethylene, trichloroethylene and vinyl chloride. Two new EALs have been added for mono-ethanolamine and N-nitrosodimethylamine (NDMA).

 

Methods of calculating greenhouse gas emissions

Methods are provided to calculate greenhouse gas emissions from biomethane production.

 

Participating in the UK ETS: Allowance Costs

Updated information is provided on the price of UK ETS allowances. The Cost Containment Measure will not now be triggered until December 2021, at the earliest, if the respective trigger price is met.

 

Updated Factsheets on the Environment Bill

Updated factsheets have been published in support of the Environment Bill:

 

 

ENVIRONMENT AGENCY, SEPA AND NATURAL RESOURCES WALES

WM3: Guidance on the classification and assessment of waste (1st Edition v1.2.GB)

Waste classification guidance has been updated to reflect the obligation to consider the form or physical state of a substance when classified under the Classification, Labelling and Packaging of Substances and Mixtures (CLP) Regulation.

 

 

ENVIRONMENT AGENCY

Using persistent organic pollutants (POPs)

The list of POPs and associated rules has been updated.

 

Monitoring Guidance

The following were updated during September 2021:

 

Regulatory Position Statements (RPSs)

Waste codes not otherwise specified: RPS 241

This new RPS states when waste may be accepted by facilities where this is not specifically authorised, including by the composting or anaerobic digestion quality protocols.

 

Hazardous waste wood from demolition and refurbishment activities: RPS 250

This RPS has been updated.

 

 

DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)

Cooling in the UK: research study

This study projects future cooling demand in the UK up to 2100. This reflects a range of climate scenarios and the consequential impact on energy demand.

 

 

SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA)

Waste carriers to benefit from improved online registration service

A streamlined online registration service for waste carrier and broker licences has been launched in Scotland.

 

 

NATURAL RESOURCES WALES

Welsh Flood Map for Planning

This new map provides improved information on tidal, fluvial and surface water flooding in Wales, alongside details of where major flood defences are present.

 

Restoring marine and coastal habitats in Wales: identifying spatial opportunities and benefits

This report identifies six habitats and potential techniques for restoration.

 

 

WELSH GOVERNMENT

Technical advice note (TAN) 15: development, flooding and coastal erosion

This planning guidance document will apply on applications from 1 December 2021. This will require the use of the new Welsh Flood Map for Planning, which identifies flood risk and coastal erosion currently and also in the future due to climate change.

TAN15 does not support developments of new homes, emergency services, schools or hospitals in high flood risk areas, unless strong flood defences are in place. The Welsh Ministers will decide applications submitted contrary to TAN15 where approved by the local planning authority.

TAN14 (Coastal planning) will be cancelled on 1 December 2021.

 

Climate change allowances and flood consequence assessments

Guidance is provided on allowances for sea level rises and peak river flows for use in flood consequence assessments. This information supplements TAN15.

 

Flood and coastal erosion risk management: adapting to climate change

Advice is provided on the management of flood and coastal erosion risk by authorities in Wales.

 
 
 
 
 
 
 
Offences
 
 

Two illegal car-breaking sites closed by Environment Agency

A man from Billingham has been sentenced after a successful prosecution by the Environment Agency.

The man was found to have been running an illegal car-breaking operation without possessing the appropriate environmental permit. The illegal operation had been run at a site known as The Old Coal Yard in Billingham between 14 May and 13 August 2020. A separate site, opposite The Old Coal Yard, had been used to store scrap vehicles. This presented a pollution risk to the nearby Teesmouth and Cleveland Site of Special Scientific Interest (SSSI).

The Old Coal Yard site was not a permitted waste facility. Scrap cars contain a range of hazardous materials including brake fluids, fuel and oils. Cars were being stored on unmade ground, with evidence that they had been broken apart with a bulldozer.

An Environment Agency investigation began after members of the public contacted the regulator with concerns were raised regarding pollution.

Waste operators are required to follow the rules and regulations put in place to protect people and the environment. These rules require accurate documentation of the process they follow when transporting waste materials and ensuring those waste materials are disposed of correctly at a waste facility permitted by the Environment Agency. Failure to dispose of waste correctly poses a risk to the environment and public health.

Penalty

The man was sentenced to an 18-month community order and fined a total of £11,200, inclusive of a £900 victim surcharge and costs of £1,300.

 

 

Two persons held in connection to a haul of catalytic converters in Lincolnshire

A man and a woman have been questioned as part of an investigation into environmental crime in Lincolnshire.

The arrests were part of a probe by the Environment Agency into catalytic converter theft across the county. Lincolnshire Police assisted the Agency, recovering a large amount of cash and a machine to produce digital currency Bitcoin from a property in Long Sutton during an operation in September 2021.

A number of converters were also removed from a van, a shed and a nearby storage unit by the police and officers from the Environment Agency’s local enforcement and hazardous waste teams. The van was also seized.

The pair have since been released pending further enquiries.

 

 

Vehicles seized as part of clampdown on illegal waste activities in Lincolnshire

The Environment Agency co-ordinated Operation Clean Sweep prevented the illegal disposal of 10 tonnes of construction waste and led to the seizure of three vehicles.

Environment Agency staff joined forces for two days in September 2021 with officers from Lincolnshire Police, Boston Borough Council, Her Majesty’s Revenue and Customs (HMRC) and the Driver and Vehicle Standards Agency (DVSA).

As part of the operation 59 vehicles were stopped and checked to ensure they were operating correctly and had all necessary paperwork. The stop checks resulted in:

  • the prevention of approximately 10 tonnes of construction being disposed of illegally;
  • the seizure of three vehicles from drivers;
  • 14 DVSA prohibitions notices against vehicles;
  • seven fixed penalty notices of £300 each to unlicensed waste carriers;
  • one on the spot fine of £550 issued for use of red diesel; and
  • vehicles illegally carrying scrap metal, waste white goods, green waste and end of life vehicles were also stopped and follow up enquiries are now being made

Stop checks were first carried out in Boston as part of the Let’s SCRAP Fly-Tipping campaign.

As well as road stops, an illegal waste site was visited to ensure it had complied with Environment Agency instructions to stop all illegal waste activity and burning. The instructions had been complied with and the area is now clear of illegal waste.

Several other business sites were also visited with partners. Advice and guidance was given by the Environment Agency to several carriers with follow up enquiries being made to ensure compliance.

The aim behind the planned action was for the Environment Agency to work with enforcement partners to gather intelligence and evidence and disrupt those believed to be involved in illegal waste activities.

 
 
 
 
 
 
Kenny Wintle
e: kenny.wintle@watermangroup.com

Waterman Infrastructure & Environment Ltd
2nd Floor | Cubo | 38 Carver Street | Sheffield | S1 4FS | t: 0114 2298900
Pickfords Wharf | Clink St | London | SE1 9DG, t: 0207 928 7888

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