Climate Greenspace Environmental Legal Update: October 2016


Welcome to the Climate Greenspace Environmental Legal Update: October 2016 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.


 
 
 
 
October 2016
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY (BEIS)

CHP Quality Assurance (CHPQA)

CHPQA Standard – Issue 6

The CHPQA standard has been updated to reflect energy efficiency requirements for participants in the scheme.
 

Primary Energy Saving (PES) workbooks

These workbooks enable operators of renewable CHP schemes to determine primary energy savings. The workbooks have been updated.
 

Energy Technology List

Purchases of equipment on the Energy Technology List (ETL) are eligible for enhanced capital allowances. A variety of guidance on the ETL has been updated:

23 criteria for inclusion in the ETL have also been updated. Criteria concern equipment including boilers, air and ground source heat pumps, lighting controls, integrated motor drive units, uninterruptible power supplies and refrigeration and air conditioning systems.

 

ENVIRONMENT AGENCY

Managing water abstraction

This updated document sets out the Environment Agency’s policy and regulatory framework for water abstraction.
 

IsItWaste tool: for advice on the by-products and end of waste tests

The Definition of Waste Panel is temporarily closed and isn't receiving any new Definition of Waste submissions. The closure will be reviewed in November 2016.
 

Waste incinerator plant: apply for R1 status

This document provides guidance on how to calculate an incinerator’s energy efficiency factor so you can apply for and keep R1 recovery status.

Plant must have R1 status to:

  • be an accredited reprocessor for packaging
  • recover automotive shredder residue (ASR) – the material left over from the end of life vehicle recycling process

 

Flood Risk Activities

Exempt flood risk activities: environmental permits

This guide to exempt flood risk activities has been rewritten for clarity purposes.
 

Excluded flood risk activities

This statutory guidance document details activities excluded from the flood risk activity permitting regime and conditions that must be met.

 

SEPA

One Planet Prosperity – A Waste to Resources Framework

This guidance document sets out how SEPA aims to support a circular economy in Scotland.

 

SCOTTISH GOVERNMENT

Key Scottish Environment Statistics 2016

This document provides data on the environment in Scotland.

 
 
 
 
 
 
 
Offences
 
 

Wiltshire waste site operators found guilty of environmental offences

Two brothers (Lee and David Averies) have pleaded guilty to committing waste crimes across three sites: Swindon Skips Ltd, Averies Recycling Swindon Ltd and Calne Aggregate Holdings Ltd.

Guilty pleas were submitted with regard to treating, keeping or disposing of waste in a manner likely to cause pollution of the environment or harm to human health.

Charges were brought by the Environment Agency in relation to two large fires at the premises occupied by Swindon Skips Ltd and Averies Recycling Swindon Ltd. Charges at the Calne Aggregate Holdings Ltd site concerned permit breaches that increased the risk of pollution and harm to human health, particularly with regard to pollution run-off from waste.

During the fire at Averies Recycling Swindon Ltd’s site, the company failed to comply with notices served to remove waste allowing the fire and rescue service to tackle the blaze.

Following the fire at Averies Recycling Swindon Ltd, the company’s waste carrier’s licence was removed. Environmental permits were also revoked at this company’s site and at the Swindon Skips Ltd premises.

Lee and David Averies will be sentenced on 26 October 2016.

 

Environment Agency raid on illegal transfrontier waste shipment

The Environment Agency has raided a site in Essex, after receiving information suggesting it was being used to store waste electronic and electrical equipment (WEEE) and stolen goods prior to illegal export.

Environment Agency officers attending the site on 12 October 2016 identified that storage containers on the site, operated by Greenstore Ltd, held materials that could harm the environment including:

  • 1000s of pieces of WEEE including broken fridges, computers and televisions ready for illegal export to Africa;
  • more than 900 stolen gas bottles, some still containing gas, which are banned for export; and
  • stolen cable, vehicles and plant.

It is illegal to export hazardous waste including WEEE to non-OECD countries. The maximum penalty for exporting waste illegally is an unlimited fine and/or a prison sentence.

 

Landowner electronically tagged after illegally depositing, storing and sorting waste

A landowner in Sittingbourne has pleaded guilty to the illegal deposit, storage and sorting of waste.

The Environment Agency became aware of activities being carried out at the site in June 2015. The site did not hold an environmental permit or exemption to authorise the activities being undertaken. An inspection of the site found house clearance waste, construction and demolition waste, waste tyres and scrap vehicles at the premises.  

The Environment Agency gave the landowner four weeks to remove all waste. This was not undertaken. Subsequently a Section 59 notice under the Environmental Protection Act 1990 was issued against the landowner, requiring the removal of all waste by November 2015. The landowner again failed to comply.

Penalty

The landowner was given a four month suspended sentence and ordered to pay costs of £2,300. The landowner has been electronically tagged and is subject to a home detention curfew between 19:00 and 7:00.

 
 
 
 
 
 
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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