New publications this month:

HM TREASURY

Budget 2020

The 2020 Budget was delivered on 11 March 2020. A broad range of commitments were made regarding the environment and climate change and include the following:

Waste and Resources

• Digital Waste Tracking: Investing £7.2 million in a national system to enable smart tracking of waste movements.
• Plastic Packaging Tax: This will be introduced in April 2022. A charge of £200 will apply per tonne of plastic packaging that contains less than 30% recycled plastic. This will apply to the production and importation of plastic packaging, including the import of filled plastic packaging.
  
  The tax will apply to all businesses supplying at least 10 tonnes of plastic packaging per annum. A consultation is being undertaken on the scope of the tax and any exemptions.
• Extended Producer Responsibility: Commitment of funding for IT capability to administer this scheme.
• Fly Tipping: A £2 million fund to support innovative approaches to tackle fly tipping.

Climate Change and Energy

• Climate Change Agreements: The climate change agreement scheme will be extended by a further two years to 31 March 2025. The scheme will also be reopened to new applicants.
• Climate Change Levy: The rates of climate change levy will increase on natural gas in 2022/23 and again in 2023/24.
• Carbon Price Support (CPS): The rate of will remain unchanged at £18t/CO2e in 2021/22.
• Emissions Trading Scheme/Carbon Pricing: The budget commits to applying “an ambitious carbon price from 1 January 2021 to support progress towards reaching net zero”. The 2019-21 Finance Bill supports the introduction of a UK emissions trading system or a carbon emissions tax, which will be consulted on in Spring 2020. A future link between the UK system and the EU Emissions Trading Scheme (EU ETS) remains a possibility.
• Aggregates Levy: The rate of levy is frozen in 2020/21.
• Carbon Capture and Storage (CCS): two CCS sites are to be established between the mid-2020s and 2030, supported by a CCS infrastructure fund. The government will support the construction of at least one CCS power station by 2030.
• Green Gas Levy: A consultation will be conducted on introducing levy funding for biomethane production and injection to the grid.
• Low Carbon Heat Support: From April 2022 a grant scheme is proposed to held households and small businesses invest in heat pumps and biomass boilers.
• Renewable Heat Incentive (RHI): The domestic RHI will be extended until 31 March 2022. Further flexible tariff guarantees will be allocated for the non-domestic RHI in March 2021.
• Heat Networks: Further funds are allocated to the heat networks investment project, which ends in March 2022. A further £270 million will be allocated to the green heat networks scheme.
• Electric Vehicle Charging Infrastructure: £500 million of funding across five years to improve this infrastructure.

Wildlife and Biodiversity

• Nature for Climate Fund: Investment of £640 million in afforestation and peatland restoration in England.
• Nature Recovery Networks: £25 million investment to create nature recovery areas.
• Natural Environment Impact Fund: £10 million to stimulate private investment and market-based mechanisms to improve and safeguard the environment.
• Darwin Plus Expansion: Provide £10 million per year to support conservation in UK Overseas Territories.

HM REVENUE & CUSTOMS

Plastic packaging tax

Information is provided on the plastic packaging tax, which will apply from April 2022.

ENVIRONMENT AGENCY

Setting up a climate change agreement (CCA)

The CCA scheme has reopened to new entrants. Following the 2020 budget, it will now operate until 31 March 2025.

Meeting our future water needs: a national framework for water resources

This framework has been prepared to inform long term regional water resources planning. Plans are to be developed by the five regional water resources groups it defines. These plans are required to:

• Addressing challenges by identifying the options needed in their region to manage demand and increase supply; and
• realise opportunities from water resources planning by working collaboratively.

Regulatory Position Statement (RPS): Storing or treating COVID-19 cleansing waste at a healthcare waste management facility

This RPS applies to the management of waste from cleaning people or places infected or potentially infected with COVID-19. The RPS applies to persons who have a permit to store and treat healthcare waste under EWC 18 01 03*.

The RPS will be withdrawn in 30 June 2020.

Operator monitoring assessment: environmental permits

Guidance has been published on operator monitoring assessments under the environmental permitting regime.

MCERTS: performance standards and test procedures for continuous water monitoring equipment - part 3 water flowmeters

MCERTS performance standards have been updated to improve clarity and to add guidance on the combined performance characteristic and loop powered instruments.

Environment Agency strategy for safe and sustainable sludge use

This strategy concerns principles and priorities for the use of sludge on land.

FORESTRY COMMISSION

How to apply for an export plant health phytosanitary certificate

Guidance is provided on applying for phytosanitary certificates for the export of:

• tree, wood, bark, soil or forest tree seed;
• non-manufactured wood products in the form of packaging cases, boxes, crates, drums or pallets; and
• used forestry machinery.

Plant Health legislation for forestry

Guidance on plant heath legislation applicable to forestry has been updated to reflect changes to legislation.

OFFICE FOR LOW EMISSION VEHICLES

Workplace Charging Scheme minimum technical specification

DC charge points greater than 3.5kW but not greater than 22kW are now eligible for this scheme.

DEPARTMENT FOR ENVIRONMENT, FOOD & RURAL AFFAIRS (DEFRA)

Assess the impact of air quality

Guidance has been provided on techniques to assess the effect of air quality on human health and the environment.

Air quality plan for nitrogen dioxide (NO2) in UK (2017): air quality directions

Two new air quality directions have been published, which require specified local authorities to take action to meet limits for NO2 in the shortest possible time. Deadlines are also set:

• Environment Act 1995 (Gateshead Council and Newcastle City Council) Air Quality Direction 2020
• Environment Act 1995 (Bristol City Council) Air Quality Direction 2020

DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY (BEIS)

Funding for innovation in renewable energy

Proposals are now being sought for future offshore windfarm mitigation for UK Air Defence surveillance including technologies that could fill or remove gaps in radar coverage.

DEPARTMENT FOR TRANSPORT (DFT)

Decarbonising transport: setting the challenge

This document pulls together challenges and steps to be taken when the DfT develops its transport decarbonisation plan.

MARINE MANAGEMENT ORGANISATION (MMO)

Marine Pollution Contingency Plan

An updated contingency plan was published in March 2020.

DEPARTMENT OF AGRICULTURE, ENVIRONMENT & RURAL AFFAIRS (DAERA)

Guidance on the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009

This publication provides guidance on the application of the environmental liability regime in Northern Ireland.

BREXIT UPDATE

Draft Text of the Agreement on the New Partnership with the United Kingdom

On 18 March 2020, the European Commission published a draft agreement text for the partnership between the EU and UK after the end of the post-Brexit transition period.

Despite the ongoing COVID-19 outbreak, the transition period remains scheduled to end on 31 December 2020.

The UK would need to agree to the contents of the draft and ratify it for its requirements to come into force.

Environmental Content of the Draft Agreement

The agreement would commit both the UK and EU to maintaining levels of environmental protection that are in place at the end of the transition period, while seeking to increase this in the future. This commitment would specifically cover:

• access to environmental information, public participation and access to justice in environmental matters;
• environmental impact assessment and strategic environmental assessment;
• industrial emissions;
• air emissions and air quality targets and ceilings;
• nature and biodiversity conservation;
• waste management;
• protection and preservation of the aquatic and marine environments;
• prevention, reduction and elimination of risks to human and animal health or the environment from the production, use, release and disposal of chemical substances; and
• health and sanitary safety in the agricultural and food sector.

The UK and EU would be continued to apply the precautionary principle, principle of preventive action, principle that environmental damage should be rectified at source and the ‘polluter pays’ principle.

Nothing within the agreement prohibits or prevents either the EU or UK from regulating to increase their own levels of environmental protection or to tackle climate change in the future.

If jointly agreed, higher standards of environmental protection may be applied, including to additional areas. Internationally binding agreements, including under the UN, would continue to apply.

An independent body would be responsible for monitoring enforcement and application of environmental protection requirements.

Climate Change Measures

The UK and EU would commit to economy-wide climate neutrality by 2050. International climate agreements, including the 2015 Paris Agreement, would continue to apply.

A carbon pricing system covering at least the same scope and effectiveness of the EU ETS would need to be applied by the UK. The EU would be open to linking a UK system to the EU ETS.

It would not be possible to weaken existing climate change commitments at the end of the transition period, or following joint changes made after this date.

Aviation Safety and Environmental Measures

The draft agreement proposes that aviation safety and environmental measures are compatible between the UK and EU and that these are accepted reciprocally.

Energy and Raw Materials

Draft commitments under the agreement aim to facilitate trade and investment in energy and raw materials, while improving environmental sustainability and tackling climate change.

High standards of safety and environmental protection would continue to be applied to offshore oil and gas operations. This includes suitable measures to prevent major accidents and pollution incidents.

Unauthorised car dismantler receives six figure fine

A scrap dealer in Somerset has been fined for running an illegal car breakers yard.

When the Environment Agency visited the premises at Springway Farm, Westonzoyland, Somerset during January 2015, he claimed he was only repairing cars. However, the Environment Agency suspected that scrap car dismantling was being undertaken. The man had previously been informed he needed an environmental permit if he intended to dismantle vehicles.

Dismantlers are required by law to remove all hazardous components and materials from End-of-Life Vehicles (ELV) including batteries, oils, brake fluids and airbag cylinders. Sites must have special facilities including impermeable concrete floors to ensure spills of hazardous liquids are contained and do not cause pollution.

During a subsequent Environment Agency visit in February 2017, a number of car engines were noted on wooden pallets. The man said he had purchased them from a business in Manchester but was unable to provide any receipts.

Suspecting the engines were from vehicles dismantled at Springway Farm, the officer served the man with a notice requiring him to supply waste transfer notes for all wastes including hazardous wastes brought onto or exported from the site between 1 January 2016 and 17 February 2017.

Audits of local permitted scrap metal dealers later confirmed the man had been paid approximately £84,000 for car shells, engines, batteries, ferrous metals and non-ferrous metals over 20 months from January 2016.

In addition to payments received from his local scrap metal dealer, money would have been made from the sale of re-usable vehicle parts from the illegal business including the export of components to Greece and Georgia.

Breaches

The defendant pleaded guilty to breaching Regulation 12 and Regulation 38 of the Environmental Permitting (England and Wales) Regulations 2016 with respect to the illegal ELV facility operated:

• Regulation 12 prohibits the operation of regulated facilities, water discharge activities or groundwater activities without and in accordance with an environmental permit.
• Regulation 38 makes it an offence to breach Regulation 12.

Penalty

The defendant was ordered to pay £384,100 plus costs of £16,629. He was also given an 18 month conditional discharge. He was also informed that if he re-offends and is prosecuted he would then face sentencing for both this and the new offence.

The defendant was also warned he would face a three-year prison sentence if he failed to pay the penalty imposed.

Sentence for director of firm that caused fly infestation and odour

A director of a recycling firm in Derby has been sentenced after the organisation repeatedly breached its waste permit and its actions led to the widespread suffering of its neighbours.

Between the summer of 2015 and the summer of 2016, The Shows Waste Management Ltd site was operated in breach of its permit by storing excessive amounts of inappropriate waste. This adversely affected people living nearby and on local businesses due to black flies and bad odour arising.

Large amounts of Refuse Derived Fuel (RDF) waste was brought onto the site, shredded and stored in ways not permitted by their permit.

A request for a variation to the company’s permit to add RDF waste was refused in October 2015. However, when Environment Agency officers visited the site they found that the processing and storage of RDF had already begun. Other wastes not permitted under the permit, including 200 tonnes of ground refrigerator foam in plastic bales, was also stored.

Between November 2015 until April 2016 the Environment Agency received numerous reports of an increase in black flies in the area and odour complaints.

Environment Agency officers attending the site subsequently found a number of permit restrictions had been breached:

• large numbers of baled RDF waste had been stored on site and were present for a number of weeks due to transport issues;
• waste was being shredded and trammelled on site; and
• a large pile of steaming waste within the main building had been present for longer than the 48 hours allowed.

Environment Agency officers worked with the operator to ensure the bales of waste were removed and an insecticide was applied to combat the fly issue. A final visit by officers in August 2016 found all necessary waste had been removed and the site had been cleared.

Penalty

The director was given a Community Order with a requirement to carry out 80 hours unpaid work. He was also ordered to pay £10,000 towards the prosecution costs.

Man fined for illegally transporting waste

A man from Hull has been fined after pleading guilty to illegally transporting waste.

Anyone caught transporting waste as part of their business, whether it is their waste or someone else’s, must have a Waste Carrier Licence.

The offences were identified during a partnership investigation involving the Environment Agency and Humberside Police, the DVSA (Driver and Vehicle Standards Agency) and Highways England in Humberside.

The man was stopped by police on 2 August 2019 on while driving a van. On inspecting the vehicle, Environment Agency officers found that it was carrying waste comprising scrap domestic white goods, including washing machines.

The man told Environment Agency officers that he had picked the waste up from the street. He did not have a waste carrier’s licence but claimed that he did not need one as collecting waste from the street was a civic duty. He would not disclose where he planned to take the waste.

Subsequent investigations identified that the waste had been taken to a recycling centre in Hull. The recycling centre confirmed the man had weighed in the scrap metal at their site on 2 August following his stop. They also confirmed that the man’s account had been used on 62 occasions between 2 August 2019 and 21January 2020 during which time he had weighed in nearly 50 tonnes of scrap metal and received £5,887 in payment.

Penalty

The man was ordered pay £800, with costs of £1,632 and a victim surcharge of £80. A licence would have cost just £154.