New publications this month:

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA) AND ENVIRONMENT AGENCY

Pollution prevention for businesses

This guidance now includes information on the storage of hydrotreated vegetable oil (HVO).

Licensed waste facilities that accept waste F gas and ODS

This list records waste facilities that may accept waste fluorinated greenhouse gases and ozone-depleting substances.

What you can count towards a development’s biodiversity net gain (BNG)

Guidance is provided on which enhancements to habitat as part of a development will count against the biodiversity net gain requirement, once in force.

DEPARTMENT FOR ENERGY SECURITY AND NET ZERO AND DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)

Participating in the UK ETS

Updates reflect the planned introduction of the Manage your UK Emissions Trading Scheme Reporting Service (METS), which is intended to replace the Emissions Trading System Workflow Automation Program (ETSWAP) system from summer 2023 (for installations) and autumn 2023 (for UK ETS aircraft operators and CORSIA aeroplane operators).

DEPARTMENT FOR ENERGY SECURITY AND NET ZERO

Powering up Britain

This series of policy papers collect plans that aim to deliver energy security while achieving net zero.

Heat pump net zero investment roadmap

This policy paper sets out the governments policies that aim to increase the uptake of heat pumps in domestic and non-domestic settings.

Offshore wind net zero investment roadmap

UK government policy on offshore wind and associated investment opportunities are set out in this document.

Carbon capture, usage and storage (CCUS) net zero investment roadmap

This policy paper compiles the UK Government’s CCUS policies and opportunities for investment.

Hydrogen net zero investment roadmap

The UK Government’s policies on hydrogen and associated investment opportunities are collected in this policy paper.

DEFRA

Air quality strategy: framework for local authority delivery

Actions are applied for English local authorities in support of long-term air quality goals. This includes targets on PM 2.5.

Food and drink waste hierarchy: deal with surplus and waste

Guidance on managing food and drink waste in accordance with the waste hierarchy was updated in April 2023.

ENVIRONMENT AGENCY

Climate change: risk assessment and adaptation planning in your management system

Climate change adaptation planning requirements are applied on management systems for sites with, or applying for, environmental permits. The overarching guidance on management systems for environmental permitted activities was also updated to reflect these changes.

MCERTS: requirements for installing and using event duration monitors

This standard applies to installations in England and Wales that have an environmental permit requiring an MCERTS-certified event duration monitor. These monitors may be required at one or more of the following locations, as applicable:

• a waste water overflow to storm management system at a waste water treatment works
• a last in line overflow
• a sewage pumping station

Regulatory Position Statements (RPSs):

The following RPSs were published or updated during April 2023:

• Burning waste wood on campfires and bonfires: RPS 50 (updated and extended to 31 January 2026)
• Excavated waste from utilities installation and repair: RPS 211 (updated)
• Storing and treating waste artificial turf: RPS 279 (new, replaces the former low risk waste position 35)

FORESTRY COMMISSION

Oak Processionary Moth management policy changes guide

Guidance is provided on management policy changes for oak processionary moth from 24 May 2023.

Managing oak processionary moth in England

Guidance on the control of this serious pest of oak trees and associated distribution maps have been updated.

MARITIME AND COASTGUARD AGENCY (MCA)

The following Marine Guidance Notes and Merchant Shipping Notices relevant to the environment were published or updated during April 2023:

• MGN 400 (M+F) Amendment 1: Additional guidance on air pollution from ships
• MGN 683 (M+F) IMO carbon reduction measures

SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA)

Guidance on Medium combustion plant

This new guidance explains when an environmental permit application will need to be undertaken for existing medium combustion plant in Scotland.

Most significantly, this guidance states that operators of standalone medium combustion plant with a rated thermal input between 5 and 20MWth need to apply for an environmental permit to operate it by 30 June 2023. This gives limited time to identify if a permit is required and to prepare an application.

Holders of Existing Permits

The guidance also states that information notices are being submitted to holders of existing Part A or Part B Pollution Prevention and Control (PPC) permits. This will require the operator to confirm any medium combustion plant you may have at you installation and SEPA when then vary the permit to include relevant conditions for this plant. SEPA should be contacted if an information notice (Regulation 63(2) notice) is not received by 31 May 2023.

WELSH GOVERNMENT

Written Statement: Business, Public and Third Sector Recycling Reforms consultation responses and new coming into force date

Proposed legislation that will require separate collection of certain recyclable materials from non-domestic premises in Wales will now come into force on 6 April 2024, rather than 1 October 2023 as originally planned.

This legislation will also ban the disposal of food waste via the foul sewer at non-domestic premises.

Clean Air Plan for Wales: Update report on progress against actions

This report details progress against actions to improve air quality in Wales that were set out in the Clean Air Plan for Wales: Healthy Air, Healthy Wales.

Renewable energy deep dive: recommendations

Outcomes of the most recent exercise to identify opportunities to significantly scale up renewable energy in Wales are included in these documents.

Using data to inform transition to electric vehicles: guidance

This guidance aims to support the transition to battery electric vehicles through the use of data on current vehicle use.

Home charging of fleet vehicles: guidance

Advice is given on this topic.

Herefordshire landowner sentenced for the destruction of the River Lugg

A landowner has been sentenced by the Kidderminster Magistrates Court for the destruction of 1.5km of the River Lugg in 2020.

The man used heavy machinery to dredge and reprofile a 1.5km stretch of the River Lugg, destroying the riverbed and banks including the habitats of otters, kingfishers, trout and salmon. The unconsented works were in breach of several regulations, including the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018.

Additionally, the River Lugg is a designated Site of Special Scientific Interest (SSSI) due to its high diversity and as such works can only be undertaken after securing permits from the Environment Agency. However, even after receiving a Stop Notice, the work continued.

Penalty

The man was sentenced to 12 months in prison, ordered to pay £600,000 prosecution costs, and was disqualified from being a limited company director for three years.

Additionally, a Restoration Order under the Wildlife and Countryside Act 1981 was imposed. This requires the man to carry out a number of actions to restore the river.  

Essex company and directors fined for illegal waste activities

A waste company has been fined after it was found to have breached its registered waste management exemptions by taking large amounts of wood and carpet waste onto a site in Braintree.

Renew Recycling (London) Limited was visited by Environment Agency officers no less than 24 times during the period between December 2017 and March 2019, when the offences occurred. The officers found that waste had been stored in breach of the exemptions held. This meant that the waste presented a risk to the environment. Requests were made to clear the site of non-compliant waste.

During a visit in February 2018, officers from Essex County Fire and Rescue also attended the location with the Environment Agency and raised serious concerns about the fire risk posed by the waste. Testing showed that wood stored on the site had been reaching internal temperatures of 65 degrees Celsius. This was a particular concern as the waste site is located close to protected woodland.

Fire teams were later called in 2021 and 2022 to tackle fires on-site. Significant quantities of waste remain at the site.

In court the company and its directors pleaded guilty to a total of eight counts against them. These counts centred around failing to comply with exemptions and failing to keep proper documentation on waste leaving the site.

Penalty

Renew Recycling (London) Limited was fined a total of £10,500 plus a victim surcharge of £170.

One director of the company was fined £7,150 plus a victim surcharge of £170.

A second director was fined £3,900 plus a victim surcharge of £170.

Both directors and the company were also ordered to pay £12,000 each in costs.

Sewer Company fined over two-and-a-half million pounds after sewage was discharged into North Sea

Anglian Water was received the largest fine every imposed for environmental offences in the East Region. The company was fined after allowing untreated sewage to overflow into the North Sea, following an earlier prosecution brought by the Environment Agency.

A series of failures by the company in managing and monitoring effluent at the Jaywick Water Recycling Centre in Essex led to sewage being discharged into the sea. As of 2010, water companies have been required to self-monitor their water recycling sites with the Environment Agency guidance to inspect sites every eight years.

A 2018 investigation found that the discharges into the North Sea, recorded over a month between June and July 2018, led to the loss of approximately 7.5 million litres of untreated sewage. The Jaywick Water Recycling Centre holds an environmental permit, which only allows discharges into the sea during storm conditions.

The investigation found that discharges occurred because Anglian Water had decommissioned a piece of equipment, which led to the conditions arising for the release of untreated sewage. Anglian Water failed to act on available data that would have alerted it to the issue. An alarm system to inform the water company of how often these discharges were occurring was also absent.

Breaches

Anglian Water pleaded guilty to breaching Regulation 12(1)(b) and Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016:

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

Penalty

Anglian Water was fined £2.65m and was ordered to pay prosecution costs of £16,520.09 and a victim surcharge of £170.