New publications this month:

ENVIRONMENT AGENCY

Post-combustion carbon dioxide capture: best available techniques (BAT)

BAT have been published on the prevention or minimisation of emissions and environmental impacts from post-combustion carbon dioxide capture technologies.

Noise and vibration management: environmental permits

This document replaces the former H3 horizontal guidance for environmental permitting. The document provides guidance on the assessment and noise and vibration for permitted installations.

Flood risk assessments: climate change allowances

Updated guidance is provided on the application of climate change allowances for flood risk assessments.

Peak river flow climate change allowances by management catchment

Updated peak flow climate change allowances have been published for management catchments. These are to be used in flood risk assessments, flood and coastal risk projects, schemes and strategies.

Reservoir owner and operator guidance: inspection information pack

Guidance is provided on the preparation of reservoir inspection information packs, which are required for high risk reservoirs in England.

Regulatory Position Statements (RPSs)

The following RPSs were published or updated during July 2021:

• Hazardous waste wood from demolition and refurbishment activities: RPS 250 (new)
• Receiving hazardous waste wood at household waste recycling centres: RPS 249 (new)
• Using shredded waste carpet in equestrian surfacing: RPS 248 (new)
• Disposing of trees and plants affected by disease or pests: RPS 71 (updated)

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

Opt out of the UK ETS if your installation is a 'hospital or small emitter'

This new guidance document provides instructions on how to opt out of the UK ETS if your installation comprises a ‘small emitter’ or hospital. Less stringent requirements apply to these installations.

How to comply with REACH chemical regulations

This guidance now reflects that the Comply with UK REACH service may be used to manage joint UK REACH registrations. This includes claiming the lead registration role.

Polychlorinated biphenyls (PCBs): registration, disposal, labelling

This guidance has been updated to reflect revised requirements on the management of PCB-contaminated materials and equipment.

Surface water pollution risk assessment for your environmental permit

A series of documents presenting environmental quality standards and priority hazardous substances that should be referred to when undertaking a surface water pollution risk assessment have been updated.

DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)

Carbon Budgets

Details of the sixth carbon budget (2033-2037) are provided. This has been set at 965 MWtCO2e.

Carbon emissions limits in the Capacity Market

Reporting and verification requirements for carbon emissions by capacity market participants have been updated by the Capacity Market (Amendment) (No. 2) Rules 2020 and Capacity Market (Amendment) Rules 2021. This guidance document has been updated accordingly.

DEFRA / NATURAL ENGLAND

Biodiversity metric: calculate the biodiversity net gain of a project or development

Guidance is provided on the application of the ‘biodiversity metric’. This will be applied as part of the biodiversity net gain requirement on planning permissions as a result of the Environment Bill.

BEIS / OFFICE FOR PRODUCT SAFETY AND STANDARDS (OPSS)

Regulations: energy information

This guidance for suppliers and dealers of energy-related products has been updated to reflect requirements on light sources from 1 October 2021.

BEIS / OFGEM

Transitioning to a net zero energy system: smart systems and flexibility plan 2021

A plan has been published of how the government intends to transition to a smart, flexible and decarbonised energy system.

BEIS / OFGEM / INNOVATE UK

Digitalising our energy system for net zero: strategy and action plan 2021

This strategy sets out actions to digitalise the Great British energy system. This aims to spur innovation, reduce bills and decarbonise supplies.

MINISTRY OF HOUSING, COMMUNITIES & LOCAL GOVERNMENT

National Planning Policy Framework

The National Planning Policy Framework (NPPF), which sets out core planning policies for England, was updated during July 2021

DEPARTMENT FOR TRANSPORT

Rail environment policy statement: on track for a cleaner, greener railway

This policy statement aims to set a direction for the rail industry on environmental sustainability, including on decarbonisation and air quality. The policy also states policy priorities for a future sustainable rail strategy.

SCOTTISH GOVERNMENT

Cleaner Air for Scotland 2 - Towards a Better Place for Everyone

This strategy outlines air quality policy in Scotland for the next five years and replaces the previous strategy titled ‘Cleaner Air for Scotland’.

DEPARTMENT OF AGRICULTURE, ENVIRONMENT AND RURAL AFFAIRS (DAERA)

General guidance for applying for a waste management licence - Applying Online

DAERA has launched an online service allowing applicants to apply for new waste management, mobile plant and automotive treatment facility licences or to modify, transfer or surrender licences.

West Midlands potato processor fined for pollution incident

A potato processing company in Tamworth has been prosecuting for polluting a Brook with trade effluent.

An Environment Agency investigation  was launched after a member of the public reported seeing two dead fish and milky froth on the water of the Langley Brook in September 2016. Officers found more than 450 dead fish along the brook.

The source of the pollution was traced to a trade effluent lagoon at Edima Holdings Ltd. A pipe pumping into a lagoon was split and a crude attempt had been made to repair it. This was discharging into a ditch then into the brook.

Officers gave advice on remedial action needed to prevent further pollution, but a month later, the Environment Agency received a report of pollution at Middleton Hall Lake on Langley Brook. Following this report, the company agreed to the necessary work.

During the Sentencing Hearing, the District Judge took into account the previous caution that the company had received and found the offending was highly reckless. He found that the emergency response plan was so vague it rendered it pointless.

It was accepted that the offending was not financially motivated.

Breach

Edima Holdings Ltd pleaded guilty to one offence contrary to Regulation 12(1)(b) and Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010:

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

The company had previously been cautioned for a similar offence.

Penalty

Edima Holdings Ltd received a total financial penalty of £21,264 which included a contribution to prosecution costs of £10,000.

Record £90m fine for Southern Water following Environment Agency prosecution

Southern Water has received a record fine after pleading guilty to 6,971 unpermitted sewage discharges. These discharges polluted rivers and coastal waters in Kent, Hampshire and Sussex.

The sentence follows 51 guilty pleas to widespread and long term breaches of environmental law by Southern Water between 2010 and 2015. The offences were found to be caused by deliberate failings, causing major harm (Category 1) to protected areas, conservation sites and oyster beds.

The case was the largest criminal investigation in the Environment Agency’s history. The prosecution related to pollution offences from 16 waste water treatment works and one storm overflow.

Southern Water admitted to causing 6,971 illegal discharges over the offending period (2010-2105), which lasted a total of 61,704 hours, the equivalent of 2,571 days or just over seven years.

The court was told Southern Water deliberately presented a misleading picture of compliance to the Environment Agency, hindering proper regulation of the company.

The discharges negatively impacted businesses and community groups, with discharges into designated shellfish waters causing a long-term deterioration in the shellfish flesh quality. This left some areas unsuitable for harvesting shellfish for human consumption.

The fine will be paid out of company operating profits, protecting customers from having to pick up the cost of illegal pollution.

Birmingham-based company’s recycling failure leads enforcement undertaking and charity donation

Nobisco Ltd has entered into an enforcement undertaking with the Environment Agency after it was found to have failed to meet its obligations regarding packaging waste for 12 years.

The supplier and distributor of catering, hygiene, janitorial, packaging and PPE/Safety products failed to register with the Environment Agency and take steps to recover and recycle its packaging waste under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007. Nobisco Ltd failed to comply with the regulations from 2006 to 2017.

An Enforcement Undertaking is available to the Environment Agency as an alternative sanction to prosecution or monetary penalty for dealing with certain environmental offences. It is a legally-binding voluntary agreement proposed by a business (or an individual) when the Environment Agency has reasonable grounds to suspect that an environmental offence has occurred.

Enforcement Undertakings for environmental offences were introduced under the Environmental Civil Sanctions (England) Order 2010 and the Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010.

Breaches

Nobisco Ltd was found to have breached Regulation 40(1)(a) and Regulation 40(1)(b) of the Producer of Responsibility Obligations (Packaging Waste) Regulations 2007:

• Regulation 40(1)(a) requires ‘producers’ of packaging to register with a recognised packaging waste compliance scheme or the regulator.
• Regulation 40(1)(b) requires producers of packaging to obtain a suitable number of packaging recovery notes (now packaging recycling notes) covering their obligations on packaging supplied under this legislation.

Enforcement Undertaking

Nobisco Ltd is now understood to be compliant with the regulations and has made a payment £12,900 to the Wildlife Trust for Birmingham and The Black Country for its past failure to meet its packaging recycling obligations.