New publications this month:

ENVIRONMENT AGENCY

Groundwater protection position statement

This position statement has been updated. The statement describes the Environment Agency’s approach to managing and protecting groundwater.

Environment Agency charges

Environment Agency fees and charges

This document sets out details of all charges for the Environment Agency’s regulatory permits and services, which will be effective from 1 April 2018.

Environmental permitting charges                     

New guidance has been published explaining how charges will apply to activities that need an environmental permit.

Abstraction licences charging scheme

Charges for abstraction licences between 1 April 2018 and 31 March 2019 have been published.

Waste (Miscellaneous) charging scheme

Waste charges applicable from 1 April 2018 have been published. The charges cover:

• Waste electrical and electronic equipment;
• Waste batteries and accumulators;
• Waste carriers, brokers and dealers;
• International waste shipments; and
• Transfrontier shipment of radioactive waste and spent fuel.

European Union Emissions Trading (EU ETS) charging scheme

The charging scheme for the EU ETS from 1 April 2018 has beet published. This covers charges for installation and aircraft operators, registry users and for applications in respect of the Kyoto Protocol project activities.

DEFRA

Updated directions on air quality planning for nitrogen dioxide

An additional direction has been published within the statutory air quality plan for nitrogen dioxide. These directions require the local authorities specified to undertake studies to determine how legal limits for nitrogen dioxide will be met.

DEPARTMENT FOR TRANSPORT

Renewable Transport Fuel Obligation (RTFO) guidance: year 10

Guidance providing support for participants in the RTFO in year 10 has been updated.

DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY

Enhanced Capital Allowance scheme for energy-saving technologies

Guidance on how businesses that purchase energy-saving plant or machinery can benefit from enhanced first-year capital allowances has been updated.

MARINE MANAGEMENT ORGANISATION

Approved oil spill treatment products

The Marine Management Organisation has updated the list of UK approved oil spill treatment products and their uses.

SCOTTISH GOVERNMENT

National Marine Plan Review 2018

The Scottish Government has published a three-year review report on the implementation of Scotland's first National Marine Plan. This plan covers inshore and offshore waters.

DEPARTMENT OF AGRICULTURE, ENVIRONMENTAL AND RURAL AFFAIRS (DAERA) (NI)

The environmental regulation of wood

Guidance is published on the environmental regulation of wood and when it is deemed to constitute waste.

BREXIT UPDATE

The European Commission issued further notices to stakeholders during March 2018. These notices concern the impact of the UK withdrawing from the EU, but are subject to change due to any transitional arrangements and the outcomes of any withdrawal agreement.

Notices deemed pertinent to the environment are discussed below.

Withdrawal of the UK and EU rules in the field of the community Eco-Management and Audit Scheme (EMAS)

From the withdrawal date, the EMAS competent body designated by the UK will lose its status. As a result EMAS registrations it awarded will no longer be valid and the EMAS logo may no longer be used. Additionally, all EMAS environmental verifiers previously accredited by the UK’’s competent body will lose this status.

However, EMAS-registered organisations in the UK may apply for global registration after the date of withdrawal.

Withdrawal of the UK and EU rules on trade in protected species of wild fauna and flora

Subject to transitional arrangements and a withdrawal agreement, Regulation (EC) No 338/97 on the Protection of Species of Wild Fauna and Flora by regulating Trade will cease to apply to the UK.

This will affect the cross-border movement of specimens of protected species from and to UK and EU, requiring prior authorisation as these movements will be deemed to constitute ‘introduction’ or export to a third country.

Withdrawal of the UK and EU rules in the field of the fight against illegal logging and associated trade

On leaving the EU, the UK will become a ‘third country’ under the Timber Regulation (EU) No 995/2010, and will therefore be regulated as a timber importer into the EU. Therefore, due diligence obligations will apply to EU Member States importing timber and timber products from the UK, irrespective of where it was originally logged.

UK-based monitoring organisations under Regulation (EU) No 995/2010 will no longer be able to carry out tasks under the Regulation.

The FLEGT (Forest Law, Enforcement, Governance and Trade) timber licensing scheme will cease to apply to the UK. This scheme allows bilateral ‘voluntary partnership agreements’ to be established to certify the legality of timber imported to the EU.

Withdrawal of the UK and EU rules on plant health

From the withdrawal date, the Plant Health Directive 2000/29/EC will apply on the introduction of listed plants, plant products and objects to the EU from the UK. This has a particular impact on wooden packaging material: all wood packaging, whether in use or not, will need to be treated and marked in accordance with the FAO International Standard for Phytosanitary Measures No 15 (ISPM 15) to export it from the UK to the EU.

Phytosanitary certification controls under the Plant Health Directive will also apply on the import of certain plants, plant products and other material to the EU from the UK. These items must be accompanied by a phytosanitary certificate, supporting documentation and checks to authorise import to the EU.

Skip operator fined for illegal asbestos disposal

Armabridge Ltd, trading as Skip-It Torbay, has been fined for failing to remove thousands of tonnes of hazardous waste containing asbestos from two sites.

In 2015 an Environment Agency officer discovered asbestos contamination in a pile of approximately 3,200 tonnes of residual waste. Following a lack of progress in dealing with the waste, an enforcement notice was served in 2016, specifically requiring removal of the asbestos-affected material.

The company’s appeal against the enforcement notice was dismissed and the company was given three months to comply with its requirements. In May 2017 an Environment Agency officer found that no significant progress had been made to remove the waste, and as a result the company had breached its enforcement notice.

Similar proceedings were undertaken for a second site, in Torquay, where approximately 2,000 tonnes of asbestos contaminated waste had been deposited.

This case highlights the need to follow stringent waste acceptance criteria rules.

Breach

The company had failed to comply with enforcement notices, which is an offence under Regulation 38(3) of the Environmental Permitting (England and Wales) Regulations 2010.

• Regulation 38(3) makes it an offence to fail to comply with the requirements of an enforcement, prohibition, suspension, landfill closure or mining waste facility closure notice.

Penalty

Armabridge Ltd was fined a total of £13,334 and ordered to pay £3,070 in costs.

The company has been given until 30 September 2018 to safely dispose of waste from both sites

Welsh agricultural firm fined for illegal discharges to surface and groundwater

GP Biotec Ltd has been fined for polluting a five kilometre stretch of the River Llynfi near Talgarth. Pollution also affected a private drinking water supply.

An investigation by Natural Resources Wales found that the pollution had occurred due to the spreading of organic matter at inappropriate rates and during unsuitable weather conditions. This caused the accumulation of nutrients, which subsequently entered the river and groundwater supply following heavy rain. The releases adversely affected water quality and reduced invertebrate numbers in the river.

Penalty

GP Biotec Ltd pleaded guilty and was fined £16,320 for the offences as well as £29,000 towards Natural Resources Wales’ costs.

Fine and community payback for illegal tyre site

Alistair Marshall, trading as A. M. Transport, has pleaded guilty to depositing and keeping waste tyres in East Lothian without the waste management licence required to do so.

In April 2013 Scottish Environment Protection Agency (SEPA) officers inspected Mr. Marshall’s premises in Tranent to find he was greatly exceeding the allowed 1,000 capacity of stored tyres. SEPA advised that he would require a waste management licence to undertake this activity.

In 2015 SEPA became aware of Mr Marshall storing tyres at another site in Fenton Barns, East Lothian. SEPA established Mr. Marshall had been depositing and storing tyres there since 2010 and there was estimated to be between 65,000 and 75,000 tyres at the site.

Following non-compliance with verbal and written requests for the sites to be cleared, an enforcement notice was served. Mr Marshall did not comply within the time set by the notice.

Breaches

Mr Marshall pleaded guilty to breaching Section 33(1)(a) and (6) and Section 33(1)(b)(i) and (6) of the Environmental Protection Act 1990.

• Section 33(1)(a) prohibits depositing, knowingly causing or knowingly permitting controlled waste to be deposited on any land unless this is authorised by and carried out in accordance with a waste management licence.
• Section 33(1)(b)(i) prohibits treating, keeping or disposing of controlled waste, or knowingly causing or permitting it to be treated kept or disposed in or on any land, except under an in accordance with a waste management licence.
• Section 33(6) makes it an offence to contravene any requirement under Section 33(1).

Penalty

Alistair Marshall, trading as A. M. Transport, was fined £40,000 and given a 240-hour Community Payback Order.