New publications this month:

ENVIRONMENT AGENCY, NORTHERN IRELAND ENVIRONMENT AGENCY, SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA) & NATURAL RESOURCES WALES

ESOS Newsletter, Issue 14, September 2023

An ESOS newsletter from the Environment Agency confirmed that the changes to Phase 3 will be going ahead and that these will be implemented through forthcoming legislation.

These changes will extend the phase III notification deadline from 5 December 2023 to 5 June 2024. Revised reporting requirements that will apply include a reduced de-minimis threshold from 10% to 5%, an obligation to set target and action plans, a duty to report against a standardised template and to include mandated energy intensity metrics. Phase III will also support voluntary compliance with the net zero Publicly Available Standard (PAS) 2060.

Qualification thresholds remain unchanged for Phase III.

The table of information to be notified under Phase III has been made available.

DEPARTMENT FOR ENERGY SECURITY AND NET ZERO

Implementation of mandatory digital waste tracking

This published government response provides further information on the planned digital waste tracking service, which is being introduced under the Environment Act 2021. This will replace the requirements to complete waste transfer notes and hazardous waste consignment notes.

Annex VII paper documentation for Green List Waste for transfrontier shipment will still need to travel with the waste and the information contained on the Annex VII form will also need to be entered onto the service.

Data required

Details about the waste and the waste movement, whether it is hazardous or non-hazardous, will have to be recorded into the online service before the movement takes place. Confirmation the movement has taken place will be given no later than 2 working days afterwards.

The service will allow information to be entered in three ways:

• Manually typing in records through a webpage, one at a time;
• Uploading a group of records using a CSV file, that has been populated manually;
• Uploading a group of records using a CSV file output from your own software; or.
• Directly transferring data from your own software using an API (application program interface).

Complete information on the data required is set out in the Government Response.

Fee

An annual service fee is expected to apply on all persons creating or editing waste tracking records. This is anticipated to be approximately £20.

Introduction

In 2024, the waste tracking service will be made publicly available to users on a voluntary basis, which is likely to be by invitation initially.

The use of the digital tracking service is expected to become mandatory from April 2025. This deadline will be implemented through legislation.

Waste carrier, broker and dealer system reform

Following a consultation in early 2022, Defra has confirmed that planned reforms to the waste carrier, broker and dealer registration system in England will go ahead.

The new system will replace the existing carrier, broker and dealer terms with a ‘waste controller’ and ‘waste transporter’ role:

• Waste controllers: parties organising waste collection, classification, transport, end destinations, those who arrange recovery or disposal of waste or those buying or selling waste.
• Waste transporters: parties instructed by waste controllers to move waste between locations without input on the end destination and classification.

Parties will be able to assume both the waste controller and waste transporter role (controller-transporters).

The registrations will become ‘standard rules’ environmental permits or registered exemptions. This will mean that similar competency requirements apply.

Once the scheme beings, the new registration system will be introduced as existing carrier, broker and/or dealer licences expire.

Assessing environmental impact

This guidance for policy officials in government has been restructured and updated.

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

Consistency in household and business recycling in England

Plans for standardising dry recyclable collections from households and non-household municipal premises in England have been announced. The collection of the following materials will be required:

From 31 March 2026, the following materials must be collected in dry recyclable waste streams, from both households and non-household municipal premises.

• Glass packaging;

• Metal: steel and aluminium packaging;
• Plastic packaging: e.g., PET, PP and PE pots, tubs and trays. (To also include plastic films and bags from 31 March 2027);  and
• Most paper and card.

Exemptions may permit the co-mingled collection of all dry recyclables in one recycling bin.

Weekly food waste collections will be required.

The Annex to the response confirms the implementation dates for the new collection requirements.

NATURAL ENGLAND AND DEFRA

Updated guidance on protected species and development

A series of guidance documents now reflect changes applied by the Environment Act 2021. These changes mean that a mitigation licence is now also required for development work that affects species listed in Schedule 5 (animals which are protected) and Schedule 8 (plants which are protected) to the Wildlife and Countryside Act 1981:

• Wildlife licences: when you need to apply
• Prepare a planning proposal to avoid harm or disturbance to protected species
• Construction near protected areas and wildlife
• Invertebrates: advice for making planning decisions
• Fish: advice for making planning decisions
• Reptiles: advice for making planning decisions
• Freshwater pearl mussels: advice for making planning decisions
• Protected plants, fungi and lichens: advice for making planning decisions
• White-clawed crayfish: advice for making planning decisions
• Protected species and development: advice for local planning authorities

ENVIRONMENT AGENCY

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

Environmental permit holders are required to undertake climate change risk assessments and adaptation planning as part of their environmental management systems under the following timescales:

• Immediately, if the permit was issued on or after 1 April 2023; or
• By 1 April 2024, if the permit was issued before April 2023.

A six-stage process is outlined for these assessments and adaptation plans:

1. Preparation;
2. Identifying potential site-based climate impacts, assessing for a 4°C rise by 2100 and plan for a 2°C rise by 2050, considering the impact of the potential more extreme weather events;
3. Complete the climate change risk assessment. Industry sector examples of risk assessments have been published;
4. Determine control measures in response to the assessment;
5. Preparate an adaptation plan. This should be prepared in line with a recognised standard (e.g., ISO 14090:2019); and
6. Monitor, record and review the plan.

The Environment Agency will examine the assessment and plan as part of the routine, wider checks on management systems during compliance assessments of operators.

New Medium Combustion Plant and Specified generator operator briefing note

On 10 October 2023, a further operator briefing note was issued. This note provides updated guidance for operators of plant or generators that will require a permit or a variation to their existing environmental permit.

Regulatory Position Statements (RPSs):

The following RPSs were published or updated in October 2023:

• Cleaning and sterilising waste medical instruments containing metal for recovery: RPS 160, updated and extended to 1 August 2026.
• Operating peaking combustion power plant in an emergency in winter 2023: RPS 268, new, expires 31 December 2023.

• Operating an existing medium combustion plant greater than 5MWth: RPS 290, new, due for review by 30 September 2024. This applies to the operation of stand-alone medium combustion plant greater than 5MWth after 1 January 2024 while the Environment Agency determines the respective complex bespoke permit application.
• Storing and treating litter, straw, slurry and washwater from an animal disease outbreak: RPS 36, updated and extended to 1 October 2026

WELSH GOVERNMENT

Planning policy Wales

The national planning policy document for Wales has been updated to include measures to address the nature emergency.

Single-use plastics: statutory guidance

Statutory guidance has been provided on banned single-use plastics in Wales. This reflects bans now in force as of 30 October 2023.

Action Plans

The following plans set out actions for water companies, regulators and local authorities to reduce impacts on the water environment:

• Environmental regulation of overflows: action plan
• Relieving pressures on Special Areas of Conservation (SAC) river catchments to support delivery of affordable housing: action plan
• Improving effluent quality and river quality: action plan
• Reducing visual impact: installation of screens

Partnership day of action cracks down on waste crime in Cumbria

The Environment Agency has taken part in a day of joint day of action against waste crime with officers from Cumbria Police, Cumberland Council, Trading Standards, DVSA and DVLA.  The regulators inspected waste sites and conducted stop checks on road users to ensure that waste was being transported lawfully to suitably authorised facilities.

21 waste sites were inspected across West Cumbria and 49 vehicles were stopped. 

On the day:

• at least five waste sites had confirmed permit breaches, with another 5 referred for review;
• three illegal waste sites were discovered;
• one suspected waste criminal was identified after avoiding ongoing Environment Agency waste crime investigations;
• 13 enforcement notices were issued by Cumberland Council;
• three people had illegal number plates and six warning letters were issued to number plate suppliers;
• one person was arrested for failing a roadside drug swab;
• five untaxed vehicles were clamped and four were reported for being untaxed;
• one vehicle and one trailer were found with defective tyres and received immediate prohibitions, meaning they were not safe to be out on the road; and
• two vehicles were prohibited for defects relating to suspension and the drive shaft.

Environment Agency officers will continue to work with partners to reduce environmental impact at the identified waste sites and taking proportionate action to bring legitimate businesses back into compliance with their permits where breaches on sites have been identified. This activity includes providing advice and guidance for businesses trying to do the right thing, issuing enforcement notices, and penalising businesses as a last resort.  

Court orders scrap site to be cleared after investigation

Two former directors of a liquidated Teesside company have been ordered to clear their illegal scrap site of hundreds of vehicles following an investigation by the Environment Agency.

The site had been operated by Jap Parts Ltd, a company which has since been liquidated. The scrap vehicle site became a fire risk. The two former directors continued to operate the premises despite the demise of the company and the loss of its environmental permit, and failed to engage with Environment Agency officers during an investigation.

The storage and dismantling of scrap vehicles is strictly regulated because of the pollution risks of hazardous liquid such as oil, fuel and brake fluids, as well as batteries. Dismantling must be done using methods to reduce the risk to the environment, and the waste stored pending recovery or disposal. Operators must have an environmental permit to carry out these activities.

In July 2019, Environment Agency officers attended the site after receiving reports of illegal scrap vehicle storage. One of the sub-sites (Phoenix Sidings) was full of scrap vehicles, while the other (Britannia Road), for which there was no permit, also had about 40 scrap vehicles stored on it.

Enquiries revealed that Jap Parts Ltd was in liquidation and had stopped trading in November 2014. A new company, Jap Parts (North) Ltd, had been set up which did not have an environmental permit for activity on either site.

The investigation revealed that no scrap vehicles had left the site between 2013 and 2018, meaning the terms of the original permit, which stated vehicles must not be kept for more than three years, had been breached.

The Environment Agency asked the directors for an action plan to clear the scrap vehicles. In September 2019, Environment Agency officers attending the site saw around 300 scrap vehicles. Officers raised concerns about the fire risk as many of the vehicles had not been de-polluted – where the hazardous liquids such as fuel and oil are removed and stored safely for disposal. The directors were told to clear the site by the end of September.

The defendants said they thought the permit for Jap Parts Ltd would move to their new company, but they were told this was not the case.

Between September 2019 and the summer of 2021, the Environment Agency sent a number of statutory notices requiring the defendants to provide more information about waste transfer, storage and clearing the site, and also a request for them to attend for an interview under caution. All of the notices were ignored.

Breaches

The directors pleaded guilty to two offences of operating an illegal scrap yard when they appeared at Teesside Crown Court.

Penalties

The directors were both ordered to pay £1,591 in fines and costs, and given a remediation order to clear the site of all of the remaining scrap vehicles.

Man prosecuted after over 3,000 tonnes of illegally dumped waste

A man from Ceredigion has been prosecuted for allowing 3,122 tonnes of waste to be dumped on his land without an environmental permit.

Natural Resources Wales first attended the man’s property in August 2021 after receiving reports of illegal activity. Officers wrote to the man after the visit, informing him that officers had identified the unauthorised deposit of waste. The man was informed that the deposit of waste on land without an environmental permit was an offence and that a full investigation was being conducted. The man was also told that no further waste was to be deposited or burnt at the location.

Despite this, a further visit in November 2021 found that more waste had been left on the site. While the man held registered waste exemption that allowed him to deposit suitable waste to be used in a construction activity, no construction was taking place. The man was instead accepting waste material from other people to be disposed of on his land, much of which he was paid to receive.

Breach and Penalty

The man pleaded guilty to allowing construction and demolition waste, amongst other types of environmentally sensitive waste, to be dumped on his land. This is an offence under the Environmental Protection Act 1990.

The man was ordered to pay a fine of £7,000, a victim surcharge of £700 and £1,000 towards NRW’s costs.