Climate News Greenspace Demo - Climate Space Greenspace Climate Update: November 2021


Welcome to the Climate News Greenspace Demo - Climate Space Greenspace Climate Update: November 2021 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.


 
 
 
 
November 2021
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

New publications this month:

DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)

Energy-related products policy framework

This document sets out how products will be promoted by the Government in order to use less energy and reduce emissions. In addition to broader measures, it covers the following energy-related products:

  • hydronic space heating (domestic)
  • domestic cooking
  • professional and commercial cooking
  • taps and non-electric showers
  • lighting products
  • water pumps
  • low flow temperatures and heating emitters
  • direct electric heating
  • building automation controls
  • commercial refrigeration
  • servers
  • compressors

 

Biomass policy statement: a strategic view on the role of sustainable biomass for net zero

This statement sets out the Government’s strategy to support the delivery of emissions reductions and the net zero target.

 

Apply for the Green Gas Support Scheme (GGSS)

The Green Gas Support Scheme opened on 30 November 2021 and will be open to applications until 30 November 2025. Guidance on applying to the scheme has been published.

Tariffs will only be available for biomethane produced by anaerobic digestion injected to grid: no other technologies will initially be eligible for the scheme. To qualify for the GGSS, feedstock for anaerobic digestion must comprise at least 50% waste or residue.

 

Green Gas Levy (GGL): rates and exemptions

Rates of the GGL are stated. These will apply from 30 November 2021 and fund the Green Gas Support Scheme.

 

Green Gas Support Scheme: Methods of calculating greenhouse gas emissions

Methods to calculate lifecycle greenhouse gas emissions from the production of biomethane from biogas have been published. These methodologies support the Green Gas Support Scheme.

 

Changes to the Renewable Heat Incentive (RHI) schemes

Proposals to extend tariff guarantees and extension application deadlines to 31 March 2023 for non-biomethane technologies have been published.

 

An introductory guide to smart meters for the public sector

Guidance is provided on the benefits of smart meters for public sector bodies.

 

 

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

Clean Air Zones

The list of clean air zones in England has been updated to include details of the zone in Portsmouth.

 

Resources and waste strategy for England: monitoring and evaluation

The second progress strategy under the Resources and Waste Strategy for England has been published.

 

UK ETS: monitoring and reporting biomass in installations

This document has been prepared to assist operators of installations under the UK ETS in monitoring and reporting biomass under this scheme.

 

 

ENVIRONMENT AGENCY

Apply for a water abstraction or impounding licence: Requirements on safe passage for eels

Guidance has been updated to reflect the obligation to maintain the safe passage of eels as part of planned abstraction, impounding and flood risk activities. In most cases eels screens must be included on abstraction points and eel passes are required for impoundment structures.

 

Reservoir flood maps: when and how to use them

Guidance is provided on the use and interpretation of reservoir flood maps, including as part of flood risk assessments.

 

SR2008 No 24: standard rules for transfer of healthcare waste

This standard rules permit is aimed at operators storing and repackaging healthcare waste, photographic and chemical wastes from healthcare premises and similar municipal wastes at a named location.

 

Regulatory Position Statements (RPSs)

The following new RPSs were published in November 2021:

 

 

HM TREASURY

Public sector annual reports: sustainability reporting guidance 2021 to 2022

Guidance is provided for public sector bodies on sustainability reporting.

 

 

FORESTRY COMMISSION

A guide to planning new woodland in England

Guidance is provided on the planning, design and creation of new woodland in England.

 

Using natural colonisation for the creation of new woodland

Guidance is provided on the creation of new woodland in England through natural colonisation, where trees colonise new ground from existing local sources.

 

WELSH GOVERNMENT

Suspension of the new Technical Advice Note 15: development, flood risk and coastal erosion

TAN 15 has been temporarily suspended until 1 June 2023. The prior version of TAN 15 from 2004 will remain in force until this date.

 

Technical advice note (TAN) 14: coastal planning

This technical advice note has been updated.

 

Planning major developments: guidance on pre-application consultation

This guidance has been updated.

 

Planning appeals guidance: how to complete and submit your appeal

Guidance regarding the completion and submission of planning appeals has been updated.

 

 

SCOTTISH GOVERNMENT

Single-Use Plastics Regulations: draft guidance

Draft guidance is provided the Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021, which are due to come into force on 1 June 2022.

 

 

SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA)

Streamlined waste carrier and brokers renewals digital registration service

SEPA has launched an online service for the renewal of carrier and broker licences.

 

 

DEPARTMENT OF AGRICULTURE, ENVIRONMENT AND RURAL AFFAIRS (DAERA)

2022 bans on certain types of fluorinated greenhouse gases ("F-gases") in refrigeration equipment

This document communicates bans on the use of F-gases in new equipment, which are applied through the Fluorinated Greenhouse Gas Regulation:

  • New refrigerators and freezers for commercial use (hermetically sealed equipment) that contain HFCs with global warming potential (GWP) of 150 or more.
  • New multipack centralised refrigeration systems for commercial use with a rated cooling capacity of 40 kW or more that contain, or whose functioning relies upon, F-gases with GWP of 150 or more, except in the primary refrigerant circuit of cascade systems where F-gases with a GWP of less than 1,500 may be used.
 
 
 
 
 
 
 
Offences
 
 

Thames Water receives multi-million pound fine after discharging an estimated half a million litres of raw sewage

Thames Water Utilities Limited has received a major fine for discharging an estimated half a million litres of raw sewage into the Seacourt and Hinksey streams in Oxford.

The discharges occurred on 24 and 25 July 2016, lasting approximately 30 hours. Raw sewage discharged flowed for at least 3.5 kilometres along the streams, through a pub garden and past community allotments.

The Environment Agency believes the discharges were responsible for the deaths of up to 3,000 fish, including perch, chub, roach, gudgeon and bullheads.

The court heard how Thames Water Utilities Limited had failed to carry out essential maintenance to prevent blockages in a sewer, despite already knowing it was vulnerable to blockages. The company had no system in place to identify blockages or pollution occurring and instead relied, not for the first time, on observations by members of the public. The incident was foreseeable and avoidable.

The incident was reported to the Environment Agency by canoeists who found themselves paddling in sewage amongst dead fish. Environment Agency officers attended the scene and successfully traced the pollution to its source.

The court also heard that during a major sewer renewal project in 2012, Thames Water had opted for a solution which saved them many millions of pounds. This critically relied upon six monthly cleaning of the sewer to prevent the known risk of blockages. However, the company failed to comply with its permit as it did not have a documented programme covering the maintenance of the downstream sewer, despite being in possession of a manual which clearly outlined the requirement for maintenance and the risk of blockage and pollution if it was not carried out. The investigation found that the water company had failed to adequately maintain this high risk section of sewer for at least 16 years.

Penalty

Thames Water Utilities Limited was fined £4 million and ordered to pay the prosecution costs of £90,713.

 

 

Man fined in connection with three waste offences

A man in Monmouthshire has been fined after admitting three waste offences in court.

The man pleaded guilty to:

  • disposing of controlled waste at Glannau Farm, Monmouthshire in a manner likely to cause pollution to the environment or harm to human health;
  • failing to comply with a stop notice issued by Natural Resources Wales (NRW); and
  • submitting controlled waste or knowingly causing controlled waste to be submitted to a listed operation at the farm without an environmental permit.

NRW officers visited the farm in May 2020 after receiving reports regarding waste activities. The officers found multiple deposits of waste, including construction and demolition waste, household waste,  wood, plastic, metals and soil. Evidence of the burning of waste was also found. These activities presented a risk to the environment and human health

During subsequent visits, NRW officers observed further offending of the same nature and stop notices were served in an attempt to prevent the illegal activity.  

Penalty

At a hearing in court on 23 November 2021 the man was ordered to pay a total of £13,542 in fines and costs: £2,160.00 for each of the three offences together with a victim surcharge of £190.00 and a contribution towards costs in sum £6,872.00.

 

 

Company fined for the largest illegal export of household waste from Scotland to date

Saica Natur UK Limited has been fined after it was found to have illegally exported a range of household waste to China.

SEPA officers became aware of poor quality waste paper bales during a routine audit of the company’s Materials Recovery Facility at Croy in 2016.

SEPA was informed that although waste paper was usually sent to the company’s Manchester paper mill to be processed and recycled into cardboard, in June 2016 a fire at the mill greatly reduced its capacity to receive and recycle paper. As such, paper was being exported for recycling abroad.

The site manager was advised that all exports of waste paper from the site should immediately stop. SEPA requested paperwork for all waste that had been shipped and then made the necessary arrangements to stop any waste in transit so it could be returned for inspection.

Officers immediately blocked and inspected three containers at Grangemouth Port whilst simultaneously liaising with Belgian colleagues to intercept 29 containers Antwerp and to return the other remaining containers that were already in transit to China.

Between September 2016 and March 2017 SEPA officers examined a sample of bales from 51 containers. Items found within the bales, including food packaging, bottles, soiled nappies, food and textiles were removed. A small number of bales were identified to be suitable for export, but the overwhelming majority were not.

The waste was wrongly described as waste paper. Around 1,300 tonnes of waste was loaded inside 51 forty-foot shipping containers destined for recycling in China.

Since the issues identified with the 51 containers, Saica Natur UK Limited has taken action to improve performance at its Croy site. As well as a new training and management structure, there are quality checks of incoming and outgoing material, including visual inspections and sampling of the material in line with the requirements set out in the MRF Code of Practice.

Breaches

Saica Natur UK Limited pleaded guilty to breaching Regulation 23 of the Transfrontier Shipment of Waste Regulations 2007 and Section 2(2) of the European Communities Act 1972 in relation to a breach of Article 36(1) to the Shipment of Waste Regulation (EC) No 1013/2006:

Penalty

Saica Natur UK Limited was fined £20,000.

 
 
 
 
 
 
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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