New publications this month:

DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)

Participating in the UK ETS

This document has been updated to reflect the status of the cost containment mechanism, which aims to prevent price spikes of allowances under the UK ETS.

Combined heat and power quality assurance (CHPQA) guidance notes

The new Guidance Note 61 concerns the reporting of fiscal benefits gained from certification to the CHPQA scheme.

DEFRA

Litter and refuse: code of practice

This document has been updated to reflect changes to legislation since the last version.

Provisional Common Frameworks

These documents state how the UK government and devolved governments plan to work together on a range of policy areas:

• Ozone Depleting Substances (ODS) and Fluorinated Greenhouse Gases (F-gases): provisional common framework
• Chemicals and pesticides provisional common framework

DEFRA, ENVIRONMENT AGENCY AND NATURAL ENGLAND

How to stop invasive non-native plants from spreading

Guidance is now provided on what to do if invasive non-native plants are found on your land and how plant material should be disposed of.

DEFRA AND ENVIRONMENT AGENCY

Surface water pollution risk assessment for your environmental permit

Lists of priority hazardous substances, priority substances and environmental quality standards for estuaries and coastal waters and freshwaters have been updated.

ENVIRONMENT AGENCY

Climate change agreements: operations manual

This manual has been updated, reflecting the extension of the climate change agreement scheme until 31 March 2023 and the additional target period applied.

Minimum requirements for self-monitoring of flow: MCERTS performance standard

This MCERTS standard applies where permits in England and Wales require liquid flow to be monitored.

T6 waste exemption: treating waste wood and waste plant matter by chipping, shredding, cutting or pulverising

Wording in this exemption has been updated to clarify that wastes cannot be treated where the main purpose is to of it to landfill or incinerate it (unless at a suitably permitted R1 accredited incinerator or co-incinerator).

H1 annex J5: infiltration worksheet

This worksheet has been updated. This worksheet supports the preparation of groundwater risk assessments for treated effluent discharges to infiltration systems.

Updated Environmental Permitting Guidance

The following guidance has been updated to clarify the information the Environment Agency requires to complete an assessment in support of an application:

• A1 installations: environmental permits
• Waste: environmental permits
• Discharges to surface water and groundwater: environmental permits

Medium combustion plant: apply for an environmental permit

Examples of insufficient information provided in support of medium combustion plant applications are now provided.

Updated Standard Rule Permits

The following standard rules permits were revised during February 2022:

• SR2021 No 9: on-farm anaerobic digestion facility, including use of the resultant biogas – waste recovery operation
• SR2021 No 7: anaerobic digestion facility, including use of the resultant biogas – waste recovery operation

Regulatory Position Statements (RPSs):

RPSs allow specified activities to be undertaken without an environmental permit, provided the attached conditions are met. The following RPSs were updated during February 2022:

• Waste codes for sewage sludge materials: RPS 231
• Heat treatment of waste plastics for reuse: RPS 112

DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES AND MINISTRY OF HOUSING, COMMUNITIES & LOCAL GOVERNMENT

Updated Approved Documents under the Building Regulations in England

The following Approved Documents were updated to reflect corrections made in February 2022:

• Approved Document F (Ventilation): Volume 2 applies to buildings other than dwellings
• Conservation of fuel and power: Approved Document L
• Overheating: Approved Document O
• Approved Document S: infrastructure for charging electric vehicles

MARITIME AND COASTGUARD AGENCY

UK national standard for marine oil spill response organisations

This guidance has been updated. In particular, this reflects annual return submissions.

WELSH GOVERNMENT

Environment (Wales) Act 2016: biodiversity and resilience of ecosystems duty

Public authorities in Wales are required to maintain and enhance biodiversity while promoting ecosystem resilience. Guidance on this duty and associated reporting requirements was published during February 2022:

• Environment (Wales) Act 2016: biodiversity and resilience of ecosystems duty: frequently asked questions
• Environment (Wales) Act 2016: biodiversity and resilience of ecosystems duty: reporting guidance

DEPARTMENT OF AGRICULTURE, ENVIRONMENT AND RURAL AFFAIRS (DAERA)

Guidance on Carrier Bags Charging Legislation in NI (from 1 April 2022)

Information is provided on obligations under the Northern carrier bag charging scheme that will apply from 1 April 2022. The rate of charge will increase to 25p on this date.

A separate guidance document concerns obligations prior to 1 April 2022.

Charity payment after company laboratory supplied failed to meet its packaging obligations

A supplier of laboratory and microbiological equipment has entered into an enforcement undertaking after it failed to register as a packaging producer. Obligations regarding packaging waste had not been met under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007.

Trafalgar Scientific Limited failed to meet its obligations between 2012 and 2020. The company was obligated as a ‘packaging producer in these years as they met both qualifying criteria:

• handled 50 tonnes of packaging materials or packaging in the previous calendar year; and
• have a turnover of more than £2 million a year (based on the last financial year’s accounts).

Breaches

Trafalgar Scientific Limited breached Regulation 40(1)(a) and Regulation 40(1)(b) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007:

• Regulation 40(1)(a) makes it an offence to breach Regulation 4(4)(a):
  • Regulation 4(4)(a) requires that obligated packaging producers register.
• Regulation 40(1)(b) makes it an offence to breach Regulation 4(4)(b):
  • Regulation 4(4)(b) requires that packaging waste is recovered/recycled reflecting the quantity of packaging placed on the market and applicable targets for each type of packaging.

Enforcement Undertaking

Enforcement undertakings are a civil sanction measure that presents an alternative to prosecution.

The Environment Agency accepted an Enforcement Undertaking of a payment of £17,600 to the Bradgate Park Trust’s Jubilee Woodland project, along with taking other actions to ensure it doesn’t happen again.

The Jubilee Woodland project aims to advance the education of the public in the appreciation and care of the environment; plant more trees for the purpose of CO2 sequestration; protect biodiversity of the woodland and to create a walkway through the park.

Fines for landowner fined who obstructed and abused Environment Agency officers

A man has been fined after he was found to have obstructed and abused Environment Agency officers who wanted to undertake a site inspection.

On 27 April 2021 two Environment Agency officers attended the site (Beckfield Stables) in response to information received regarding the burning waste at the site. The man confronted the attending Environment Agency officers, using foul language and threatening behaviour, which forced both officers to leave.

The guilty man stated that he felt unfairly targeted by the authorities and combined with a decline in health and personal issues, resulted in his short temper and angry nature that day, for which he later apologised.

A man pleaded guilty to four offences, which included failing to allow an inspection by Environment Agency officers and causing them alarm and distress through threatening behaviour and abusive words.

The court considered a community penalty for the man, however due to his ill health, decided to penalise him with a fine.

Penalty

The man was fined a total of £1,251, comprising £320 for the offences with legal costs and a victim surcharge amounting to £931.

Criminal fined for illegal depositing waste on private land in London

A man, based in Northern Ireland, has been fined after he pleaded guilty of unlawfully depositing waste on land in Charlton, Greenwich, Lambeth and Peckham.

Between October 2019 and December 2019, a Ford Transit tipper, linked to the man, was used to illegally deposit mixed waste. Through footage taken by members of the public and CCTV footage, the man’s vehicle was spotted illegally depositing the waste at various locations across London.

The case forms part of a series of prosecutions resulting from the Environment Agency’s major investigation into waste crime in London, Operation Angola.

Breach

The man pleaded guilty to breaching Section 33(1) and Section 33(6) of the Environmental Protection Act 1990:

• Section 33(1) prohibits the deposit, treatment or keeping of controlled or extractive waste or knowingly causing or permitting this activity in or on any land unless authorised by an environmental permit.
• Section 33(6) makes it an offence to breach Section 33(1).

Penalty

The man was fined £2,400 and ordered to pay £1,500 costs and a £48 victims’ surcharge.