New publications this month:

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

25 Year Environment Plan progress report: April 2021 to March 2022

A further annual progress report has been published against the 25 year environment plan.

Clean air zones

Details of clean air zones across England have been updated. This now reflects the clean air zones planned for Tyneside (commencing charging in late 2022 to early 2023), Bristol (charges start on 28 November 2022) and Sheffield (charges commence early 2023).

HM REVENUE & CUSTOMS

Aggregates Levy: changes to exemptions

This publication reflects planned changes to the aggregates levy treatment of aggregates extracted during construction work:

• Borrow pit aggregates extracted for use in construction will be treated the same as commercially-produced construction aggregate.
• Exemptions for unavoidable aggregates arising as a by-product of construction will be expanded and simplified to a single exemption, encouraging its use in the place of primary virgin aggregate.

These changes are planned to come into force on 1 April 2023.

DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)

Consultation Outcome: Strengthening the Energy Savings Opportunity Scheme (ESOS)

Following a consultation in July 2021, the government has confirmed that the following mandatory changes are to be made to ESOS for phase 3 (the round with the notification deadline of 5 December 2023):

• a standardised template for including compliance information in the ESOS report, generally comprising ESOS information the participant should already have available;
• the reduction of the 10% de-minimis exemption not requiring an assessment or ISO 50001 management system to up to 5%;
• requiring of an energy intensity metric in ESOS reports
• a requirement to share ESOS reports with subsidiaries;
• a requirement for ESOS reports to provide more information on next steps for implementing recommendations;
• a requirement for participants to set a target or action plan following the Phase 3 compliance deadline, which they will be required to report against for Phase 4; and
• collection of additional data for compliance monitoring and enforcement.

The outcome also states that the government will continue to review proposals to mandate action on audit recommendations and extending the scheme to medium-sized businesses. These changes would not be made before phase 4.

Consultation Response: Feed in Tariffs and Contracts for Difference: proposals relating to Guarantees of Origin

The UK recognition of EU Guarantees of Origin for green imported energy will cease on 1 April 2023. This will mean that this imported energy will no longer be subject to exemptions from the cost of the Contracts for Difference and Feed-in Tariff schemes.

Energy Security Bill: factsheets

BEIS has published a series on factsheets on the Energy Security Bill, which was introduced on 5 July 2022. As this continues to go through the houses of parliament, the Bill is likely to change.

The Bill includes proposed policies relevant to the environment, including a regulatory investment model for carbon dioxide transport and storage, a definition of electricity storage, a hydrogen village trial, buy-out mechanisms for the Energy Company Obligation, smart appliances and on low-carbon heat and heat networks.

UK ETS guidance note: Uncertainty assessments for installations

Guidance has been published on uncertainty assessments for installations subject to the UK Emissions Trading Scheme (UK ETS).

DEPARTMENT FOR TRANSPORT

Jet Zero strategy: delivering net zero aviation by 2050

This strategy sets out measures the government intends to apply in order to achieve net zero aviation by 2050.

NATURAL ENGLAND AND DEFRA

Great crested newts: district level licensing for local planning authorities

This new guidance presents how planning proposals should be assessed where a developer has applied to use the district level licensing scheme for great crested newts.

ENVIRONMENT AGENCY

Technical guidance for regulated industry sectors: environmental permitting: Waste treatment and transfer – waste electrical and electronic equipment (WEEE)

The following appropriate measures for permitted facilities apply to WEEE facilities from 13 July 2022, whether applying for new permits or existing facilities once their permits are varied:

• Waste electrical and electronic equipment (WEEE): appropriate measures for permitted facilities
• Waste temperature exchange equipment: appropriate measures for permitted facilities

U10 waste exemption: spreading waste to benefit agricultural land

A correction has been to this exemption. A further condition (F) has been applied on operations involving sludge from cleaning fruit and vegetables on farm only (EWC 02 01 01).

Minimum requirements for self-monitoring of flow: MCERTS performance standard

Further clauses have been added. These concern the financial administration of certificates, the use of legacy meters (installed pre-April 2010) and a requirement for inspectors to confirm meter suitability.

This document applies in England and Wales.

Regulatory Position Statements (RPSs)

The following RPSs were published or updated during July 2022:

• Treating municipal waste by aerobic digestion: RPS 257 (new)
• Disposing of waste from clearing blocked sewers: RPS 7 (extended to 30 June 2025)
• Excavated waste from utilities installation and repair: RPS 211 (updated, expires 30 April 2023)
• Storing waste onboard vehicles seized by regulators: RPS 258 (new)

MARINE MANAGEMENT ORGANISATION

Marine Licensing: sediment analysis and sample plans

Updated guidance on sediment analysis in support of marine licensing has been published.

SCOTTISH GOVERNMENT

Edinburgh Declaration on post-2020 global biodiversity framework

This document describes commitments and aspirations to deliver the post-2020 global biodiversity framework in Scotland.

WELSH GOVERNMENT

Public sector net zero reporting guide

An updated version of this guidance has been published. This is supported by a reporting spreadsheet.

Wales Better River Quality Taskforce Action Plans

Action plans have been provided on a range of topics to reduce the likelihood of polluting discharges from wastewater treatment works:

• Improving effluent quality and river quality: action plan
• Capacity of the network (drainage and wastewater management plan): action plan
• Environmental regulation of overflows: action plan
• Public understanding and engagement: action plan
• Reducing visual impact: installation of screens: action plan

Fines after trucks were used to illegally transport and dump waste soil

A man has been fined for illegally transporting waste soil. Fines have also been issued against the transport company that the man hired trucks from to move it.

The man had been given a contract to help prepare a piece of land in readiness for the groundworks of a housing development in Bassingbourn, Cambridgeshire. His employees carried out the work while he identified a site next to the Royston Sewage Treatment Works in Melbourn, Cambridgeshire, for dumping the waste soil.

The man leased lorries from PJC Sweepers Ltd to move the waste soil. PJC Sweepers Ltd should have carried out duty of care checks to ensure the waste soil was being moved to an appropriately authorised waste site.

The site used to dump the waste is owned by AWG Land Holdings Ltd, part of the Anglian Water Group. Anglian Water Group did not have an environmental permit to accept waste.

Breaches

The man and PJC Sweepers Ltd were prosecuted for breaching Section 33(1)(a) of the Environmental Protection Act 1990.

• Section 33(1)(a) to the Environmental Protection Act 1990 make it an offence for any person to deposit, knowingly cause or knowingly permit the deposit of controlled waste on land without or in breach of an environmental permit or exemption.

PJC Sweepers Ltd was acquitted of transporting waste without a suitable authorisation previously.

Penalty

PJC Sweepers Ltd was fined £6,000 plus costs of £10,000, with a further £4,000 compensation for the remediation of the site. The company also had to pay a £170 victim surcharge.

The man was fined £1,840 with £2,000 in compensation. The man was also ordered to pay a third of the cost of removing the illegally dumped soil, plus costs of £1,900.

Hire and leasing company fined for illegal abstraction

A Variable Monetary Penalty (VMP) has been imposed on JRM Hire and Leasing Limited for illegally taking water from Sapcote Quarry in Leicestershire.

The quarry is situated close to the town of Sapcote, Leicestershire, and had filled up naturally since quarrying ceased in the early 1990s. JRM Hire and Leasing Limited operate from the quarry.

Since November 2018, the Environment Agency had been receiving regular reports regarding the illegal abstraction of water from the base of Sapcote Quarry. During May and November 2020, Environment Agency officers collected evidence of non-compliant water abstraction from the quarry. A warning letter was issued for the May offence but the continued non-compliance resulted in the VMP being issued.

Breach

Abstraction of water from any source is regulated by the Water Resources Act 1991. Under Section 27 of the Act anyone can abstract up to 20 cubic metres of water per day for any reason without the need for an abstraction licence. JRM Hire and Leasing Limited has never held an abstraction licence at Sapcote Quarry.

The Environment Agency requested the company voluntarily attach a water meter to the pump to show the abstraction was below 20 cubic metres per day. During a site visit to Sapcote in May 2019 to inspect the abstraction, officers observed the pump operating at the base of the quarry with the water meter detached and concealed nearby beneath a towel.

Variable Monetary Penalty (VMP)

The VMP was issued on 22 June 2022 and will see the company pay £8,510, plus the Environment Agency’s investigation costs of £7,482.77.

Man who illegally dumped waste is fined and his vehicle is crushed

A Kent man who was found to have illegally dumped waste has been ordered to pay a five-figure sum and the vehicle used has been seized and crushed.

On 22 December 2020, an Environment Agency officer was made aware that waste had been deposited on land in Rainham occupied by Iron Mountain (UK) PLC. On 8 January 2021, the officer received more information, including CCTV footage. The footage showed that the man’s vehicle entered the site three times on the evening of 14 December. The vehicle used, a Scania skip loader, was identified in the footage.

An employee of Iron Mountain (UK) had found the dumped waste, which was smouldering, when he arrived for work on 15 December 2020.

The waste found on site comprised shredded material comprising plastics, paper, mattress fabric and fibre.

On 25 February 2021, an Environment Agency officer, accompanied by Kent Police, visited the man’s premises. They located the lorry used on 14 December to deposit the waste. The Environment Agency and Kent Police seized and crushed the vehicle for alleged waste offences.

Penalty

The man was fined £4,500 and ordered to pay £6,779 costs, a £190 victims’ surcharge and £11,086 compensation to Iron Mountain (UK) PLC. A total of £22,555.