New publications this month:

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

How to comply with REACH chemical regulations

Guidance has been provided on how the Registration, Evaluation and Authorisation of Chemicals (REACH) regime will operate after the end of the post-Brexit transition period. A UK-only version of REACH (UK REACH) is planned to operate from 1 January 2021.

The HSE will operate and enforce the UK REACH regime. UK REACH may have significant impacts on chemical supply chains, as described below.

UK Organisations holding EU REACH Registrations

Where these have not already been transferred to the EU, UK holders of REACH registrations must ensure these are transferred to the EU before 1 January 2021.

Obligations of UK Chemical Manufacturers and Companies importing Chemicals to the UK

EU REACH registrations will temporarily be recognised for UK REACH under the ‘grandfathering process’, before a full UK REACH registration will be required. Great Britain-based holders of EU REACH registrations will be required to:

1. Provide basic information on all registered chemicals to the HSE by 30 April 2021; and
2. Resubmit registration dossiers to the HSE by the following deadlines, depending on tonnages or hazard properties for each chemical:

Downstream Users Importing Chemicals

Downstream users of chemicals in the UK will need to determine whether a UK registrant or UK-based only representative is to arrange a UK REACH registration.

Where a UK registration is not underway, a Downstream User Import Notification (DUIN) will need to be submitted to the HSE by 27 October 2021. Unless a UK REACH registration is arranged by another organisation, the downstream user will need to register under UK REACH by the respective deadline on the table above.

Registration Dossiers

In order to continue supplying chemicals to the UK market and to make the registrations required, UK registrants will need to ensure they have adequate access to dossiers previously submitted for registrations under EU REACH.

Northern Ireland

Under the Northern Ireland Protocol, Northern Irish businesses supplying chemicals to the EU will not face new duties regarding existing EU registrations.

Straws, cotton buds and drink stirrers ban: rules for businesses in England

Guidance is provided on the ban on supplying single-use plastic straws, cotton buds, and drink stirrers in England from 1 October 2020. Details of exemptions are provided.

Place of destination checks on high-priority plants and products from the EU from 1 January 2021

Organisations may continue to use a ‘place of destination’ for plant health physical inspections on EU regulated plants and products until 30 June 2021.

From 1 July 2021, all physical checks on plant products will be carried out at border posts.

ENVIRONMENT AGENCY

Flood risks for non-nuclear users of radioactive substances

Guidance is provided on the management of flood risk where radioactive substances are being used in a non-nuclear context.

Separate collection of waste paper, plastic, metal or glass

This guidance document is targeted towards public and private waste collectors. It has been updated to reflect duties under the Waste (Circular Economy) (Amendment) Regulations 2020.

Hazardous waste: segregation and mixing

This document has also been updated to reflect duties under the Waste (Circular Economy) (Amendment) Regulations 2020.

National Flood and Coastal Erosion Risk Management Strategy for England

This strategy has now been adopted. Supporting documents on the application of the strategy have also been published.

SR2012 No 10: on-farm anaerobic digestion facility using farm wastes only, including use of the resultant biogas

The generic risk assessment supporting standard rules permit has been updated to correct an error concerning the distance of stacks from sensitive receptors.

Medium Combustion Plant and Specified Generator Permit Applications

The following Regulatory Position Statements (RPSs) allow organisations to operate specified generators and medium combustion plants without a permit, while the Environment Agency determines your permit application. These will apply to all applications the Environment agency has acknowledged until 1 April 2021:

• Specified generator and medium combustion plant: new permits: RPS 243
• Medium combustion plant (MCP) section 5.1 Part B (burning clean waste wood biomass in a MCP or specified generator) new permits: RPS 244

Regulatory Position Statements (RPSs)

The following RPSs were published during September 2020:

• Treating and using water that contains concrete and silt at construction sites: RPS 235

COVID-19 Regulatory Position Statements (RPSs)

The following COVID-19 RPSs were updated during September 2020:

• Monitoring emissions from some environmental permitting activities: RPS C20 (replaces the expired RPS C7)
• Reporting for installations, radioactive substances and waste permits: RPS C21 (replaces the expired RPS C10)
• Accumulating radioactive waste that you cannot transfer because of COVID-19: RPS C13 (expiry date extended 31 March 2021)
• Cleansing and PPE waste at a healthcare waste management facility: RPS C1 (expiry date extended 31 March 2021)
• PPE waste from home healthcare workers treating patients with COVID-19: RPS C5 (expiry date extended 31 March 2021)
• Social distancing when signing and handing over waste transfer and consignment notes in person: RPS C8 (expiry date extended 31 March 2021)

MINISTRY OF HOUSING, COMMUNITIES AND LOCAL GOVERNMENT

Permitted development rights and changes to the Use Classes Order

Six fact sheets have been published on recent changes to permitted development rights in England.

FORESTRY COMMISSION AND ANIMAL & PLANT HEATH AGENCY (APHA)

Prevent the introduction and spread of tree pests and diseases: Keep it Clean campaign

Resources supporting the Forestry Commission’s keep it clean campaign have been made available. This encourages persons and organisations to integrate biosecurity measures into their daily routines.

DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)

Carbon emissions limits in the Capacity Market

Participants in the Capacity Market initiative are required to submit verified reports of carbon emissions. Generating units using fossil fuel under the scheme from 4 July 2019 are required to comply with carbon emissions limits. . This document provides guidance on limits, reporting and verification.

Renewables obligation level calculations: 2021 to 2022

Electricity suppliers are required to surrender an adequate number of Renewables Obligation Certificates (ROCs) per megawatt hour of electricity supplied in each obligation period. This note sets out the level of the obligation for the 2021 to 2022 period.

Public Sector Decarbonisation Scheme (PSDS)

PSDS provides grants for public sector bodies to fund energy efficiency and heat decarbonisation measures.

Public Sector Low Carbon Skills Fund

The Public Sector Low Carbon Skills Fund provides funding for applicants to the PSDS to develop bids and deliver projects.

Green Homes Grant

The Green Homes Grant scheme provides vouchers for energy efficiency improvements to homeowners or residential landlords. Guidance covers the following elements of the scheme:

• Green Homes Grant: make energy improvements to your home
• Become a Green Homes Grant installer

WELSH GOVERNMENT

Draft National Development Framework

A draft of the new national plan for Wales has been published.

Agricultural college fined for slurry pollution

A Sussex college has been fined after it was found to have caused a pollution incident that led to the death of over 1,500 fish.

On 29 and 30 November 2016, contaminated water containing a high amount of cow slurry was spread as fertiliser onto a field managed by Plumpton College.

This work was carried out by the Head Herdsman, despite the volume spread being many times more than the field could absorb. As the ground was also frozen, much of the contaminated water ran off into ditches and land drains, which then flowed into the nearby Plumpton Mill Stream.

The pollution was classified as a Category 1 incident by the Environment Agency – its most serious level. The stream smelled strongly of slurry, and the watercourse was visibly brown with foam on the top. Many of the dead fish were protected species, such as migratory trout.

The Environment Agency became aware of the incident after it was reported by a member of the public. The college did not report the pollution had occurred, and nor did it have an emergency plan in place for dealing with slurry spillage.

The Environment Agency has been in regular contact to advise the college on its management and operations on number occasions since 2011, because of concerns about incidents and non-compliances with agricultural regulations.

The college admitted the incident was the result of a mistake by a member of staff. They admitted that the actions taken to spread the slurry were wrong, as the weather conditions and field were not suitable for this to take place.

Breach

Plumpton College was prosecuted under Regulation 12(1)(b) and Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010:

• Regulation 12(1)(b) prohibits persons from causing or knowingly permitting water discharge activities or groundwater activities except where authorised by and in accordance with an environmental permit.
• Regulation 38(1)(a) makes it an offence to breach Regulation 12(1).

Penalty

Plumpton College fined £50,000 and ordered to pay costs of almost £45,000 at Hove Crown court.

Confiscation order against operator of illegal waste operator

A waste site operator has been ordered to pay back a six figure sum he obtained through the proceeds of crime while running an illegal waste operation.

A waste treatment facility was operated by Rhino Recycling Limited in Pershore, Worcestershire. Between March 2013 and December 2015 the site was run without the necessary Environmental Permit.

In June 2019, the sole director of the company was sentenced to 12 months’ custody suspended for 18 months and also ordered to complete 160 hours’ unpaid work in the community. The sentencing judge found that the man had prioritised profit and adopted an ‘arrogant approach to the regulatory regime’.

The Environment Agency then went on to bring confiscation proceedings to recover the proceeds of crime. In passing a confiscation order against the director yesterday, Worcester Crown Court heard that he had used Rhino Recycling Limited’s company persona to conceal his identity as the true actor in relation to the illegal waste operation.

Between March 2013 and December 2015, the sole director acquired over £1,000,000 in criminal benefit from the company’s illegal waste activities.

Confiscation order

The sole director of Rhino Recycling Limited has been ordered to pay back £179,373.36, the sum total of all of his available assets.

The man also pleaded guilty to contempt of court for dealing with and disposing of a portion of his assets between September 2019 and July 2020, contrary to the terms of a court order forbidding him from doing so. He was sentenced to 4 months’ imprisonment suspended for 18 months.

Woman fined following waste crime in London

A Northamptonshire woman has been convicted for allowing her vehicle to be used in the illegal dumping of waste in Edmonton. The woman had no permit or exemption in place for allowing such activity.

The Environment Agency prosecuted the woman as part of Operation Angola, a joint effort by the Environment Agency and other bodies to target gangs of criminals who dump significant amounts of waste across the south east. Investigations around Edmonton revealed that the woman was the registered owner of a tipper truck used in illegal waste activity.

In March 2018, an environmental crime officer attended an illegal encampment in Edmonton. Several caravans and associated vehicles were seen alongside a large amount of deposited waste.

Whilst on site, a grey tipper truck was seen driving past, filled with wood-type waste. Later the same day, the officer attended a retail park a short distance from the illegal encampment. Parked up, unoccupied was the same grey tipper truck. A piece of traceable waste was added to the existing waste by the officer, including a handwritten note stating the date and location.

On 18 April 2018, the officer returned to the illegal encampment, which, by this time, had been vacated and was unoccupied. It was obvious that further waste had been left since 8 March 2018. The officer recovered a traceable item of waste that encased her handwritten note. This confirmed the officer’s suspicions that the load was the same one discovered on the tipper truck the previous month.

The DVLA advised the Environment Agency that the van had been acquired by the woman and that she remained the registered keeper.

Breach

The woman pleaded guilty to one breach of the Environmental Protection Act 1990, as the vehicle registered to her was used in the dumping of waste.

Penalty

The woman was fined £200, ordered to pay costs of £2,000 and a victim surcharge of £30.