New publications this month:

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

ESOS Newsletter, issue 31, November 2024

The functionality to add and submit ESOS action plans is now live on the MESOS system. Although the newsletter states that organisations should still look to meet the 5 December 2024 deadline where possible, submitted action plans will be accepted until 5 March 2025.

An ‘Action plans data requirements’ template was attached to the newsletter to assist ESOS participants in preparing ESOS action plans.

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

Simpler recycling: workplace recycling in England

Guidance is provided on separate collections of municipal waste (residual waste, food waste and dry mixed recyclables) that will be required from most business and relevant non-domestic premises in England from 31 March 2025. These duties will apply from 31 March 2027 for businesses with less than 10 full-time employees in total.

A written co-collection assessment must be undertaken to permit the collection of paper and card together with other dry recyclables.

Ensuring good waste collection services for households

Guidance is provided on separate waste collections that will be required from households in England from 31 March 2026

Extended producer responsibility for packaging: how to assess household and non-household packaging

This document has been updated to clarify that packaging can be classified as non-household if it's supplied to a business or public institution which is the end user of the packaging, rather than the end user of the goods contained in the packaging as stated previously.

Extended producer responsibility for packaging: local authority payments

Information is provided on funding local authorities will receive to manage packaging waste under the extended producer responsibility. This includes timescales and how the payments service will operate.

UK government update: Deposit Return Scheme for drinks containers

Information is provided on the planned deposit return scheme for drinks containers in England and Northern Ireland, which is due to operate from October 2027.

DEPARTMENT FOR ENERGY SECURITY AND NET ZERO

Raising product standards for space heating: policy proposals

Proposals are set out on actions to reduce heating bills, cut emissions and increase energy security. This includes enabling the electrification of heat, reducing fossil fuel demand, ensuring effectiveness and improving energy labels.

A consultation is planned on these proposals before the end of 2024.

Voluntary carbon and nature market integrity: UK government principles

This document sets out principles for responsible participation in voluntary markets for buying and selling carbon and nature credits.

MARINE MANAGEMENT ORGANISATION

Harbour Orders

This guidance has been updated.

PLANNING INSPECTORATE

Nationally Significant Infrastructure Projects: Advice on the Water Framework Directive

This document summarises the requirements of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 regarding  Nationally Significant Infrastructure Project (NSIP) applications.

Rights of way guidance booklet

This updated booklet now includes eight rights of way advice notes as appendices. .

ENVIRONMENT AGENCY

Managing a climate change agreement (CCA)

This guidance now states that sector associations are required to submit 2024 performance reports for their members holding CCAs via the CCA digital service (Manage your Climate Change Agreements).

Biological waste treatment: appropriate measures for permitted facilities

This set of appropriate measures has been updated to provide information on Best Available Techniques (BAT) and emissions limit

Check if you need a licence to abstract water

An exemption from licensing is clarified the exemption from licensing for small scale dewatering of underground strata and abstractions, where this lasts less than six consecutive months.

SR2023 No 1: capture, treatment and storage of biogas from lagoons and tanks

This standard rule permit has been updated, revising operating techniques and conditions.

Check if you need a licence to impound water

This guidance reflects the new Regulatory Position Statement (RPS) 302 (Low risk impounding activities). Low risk impoundment activities are now defined in this guidance.

Regulatory Position Statements (RPSs)

One updated RPS was published during November 2024:

• Treating food waste where food is served and consumed: RPS 229: updated, including adding a permission to remove non-food waste before treatment and heat treatment. The RPS now also covers businesses producing food waste through preparation but not on-site consumption. This RPS is due to be reviewed by 30 April 2025.

SCOTTISH GOVERNMENT

Building standards technical handbook January 2025: non-domestic

This updated technical handbook will apply to building warrants submitted on or after 1 January 2025 and work that does not require a warrant that commenced on or after this date.

Scottish Biodiversity Strategy to 2045

Policies are set out with the objective of Scotland becoming nature positive by 2030 and to have restored and regenerated biodiversity across the country by 2045. An associated strategy and delivery plan supports the strategy.  

Principles for Responsible Investment in Natural Capital

These principles support the Scottish Government’s ambitions for natural capital markets.

Planning and the housing emergency: delivery plan

Measures are set out with the objective of delivering further housing in the right places in Scotland.  

Marine licensing and consenting: offshore renewable energy projects

This guidance document has been updated with further information on licensing and consenting.

WELSH GOVERNMENT

Common concerns about battery electric vehicles: technical advice note

This technical advice note addresses concerns including emissions from Battery Electric Vehicles (BEVs), suitability of BEVs for long journeys, availability of public charge points and fire safety.

Electric vehicle charging infrastructure procurement: technical advice note

This note concerns what should be considered when procuring electric vehicle charging infrastructure.

A Deposit Return Scheme that delivers for Wales

This announcement confirms plans to implement a deposit return scheme for drinks containers in Wales. Unlike the proposals in England, Northern Ireland and Scotland, it is planned that the scheme in Wales will include glass.

NORTHERN IRELAND ENVIRONMENT AGENCY

Reuse of material

Guidance is provided on the reuse of materials and when waste legislation will not apply.

Company fined for failing to complete safety works on a reservoir in Lancashire

A Midlands company has been prosecuted for failing to safely maintain Ward’s Reservoir in Lancashire, putting residents in nearby Belmont at risk.

In May 2021, the Environment Agency served a notice on Blue Lagoon Heritage Limited, requiring the company to complete essential maintenance and construction works in the interests of public safety under the supervision of a qualified civil engineer.

However, by October 2021, the company had failed to carry out the work and weekly safety checks by Environment Agency officers commenced.

In June 2022, the Environment Agency intervened to protect public safety, commissioning contractors to inspect and free the outlet valve. This allowed levels in the reservoir to be managed and maintained at 5.25 metres below the maximum top water level, significantly reducing the risk of failure.

In the continued absence of adequate management by the company. the Environment Agency has since been conducting site visits and engineer safety checks.

Breach

Blue Lagoon Heritage Limited was found to have breached Section 22(1)(b) of the Reservoirs Act 1975:

• Section 22(1)(b) makes it an offence for an undertaker to comply with regulations made under Section 2(2C).
• This breach concerned the failure to act on a notice issued in response to the findings of an inspecting engineer under Section 10(7)(b).

Penalty

Blue Lagoon Heritage Limited was ordered to pay fines and costs of £5,445.

Penalties issued to companies due to incomplete waste transfer notes

Two companies have received £300 penalties for failing to complete waste transfer notes correctly.

Tough Construction Limited and Robert Purvis Plant Hire Limited were each given a fixed monetary penalty (FMP) after SEPA discovered that waste transfer notes regarding to 91 movements of controlled waste from a housing development in Falkirk had not been completed correctly. 

Tough Construction Limited had been contracted by the housing developer to undertake groundworks and had therefore produced the controlled waste removed. The transfer notes were completed by Robert Purvis Plant Hire Limited, the company collecting the waste, before being signed by both parties.  

Details of the offences

Of the 91 waste transfer notes checked, the following essential information was missing: 

• Two did not include the date of the waste transfer. 
• 58 did not include the quantity of waste being transferred. 
• 69 did not adequately describe the place of transfer.  
• 73 contained insufficient detail of the waste type, composition and quantity.  

None of the transfer notes included: 

• The correct name of the transferor – it was either omitted or incomplete  
• The address of the transferor.  
• The postcode of the place of transfer. 
• If the transferor was the producer or importer of the waste.  
• The appropriate six-digit code in the European Waste Catalogue.  
• The Standard Industrial Classification code (SIC code) that describes the business activity that produced the waste. 

A waste transfer note should provide essential information on the type and quantity of waste, where it originated from, and where it will be disposed of or treated. Any person who produces, keeps or manages controlled waste or has control of it as a broker or dealer, or carriers must complete accurate waste transfer notes and make them available on request. 

Breach

Tough Construction Limited and Robert Purvis Plant Hire Limited were both found to have breached Regulation 3 of the Environmental Protection (Duty of Care) (Scotland) Regulations 2014:

• Regulation 3 requires that transfer notes are put in place by the transferor and transferee of waste and that these notes contain the information listed in the Regulation.

Penalty

Tough Construction Limited and Robert Purvis Plant Hire Limited each received FMPs of £300.

Closure notice issued to landfill in Newcastle-under-Lyme

The Environment Agency has issued a Closure Notice to Walleys Quarry Ltd, requiring the closure of its landfill in Newcastle-under-Lyme. As a result, the site may not accept new waste from 29 November 2024.

The Environment Agency issued the closure notice after exhausting other enforcement options. The notice requires the company to stop accepting new waste and must permanently cap the remainder of the site and install further landfill gas management infrastructure. Effective measures are required to prevent landfill gas emissions from affecting the local community.

The Notice starts the process of permanently closing the landfill site. Lorries will only be allowed to enter the site to bring in materials for this purpose.

Closure Notice

Further information about the Closure Notice is available on the Environment Agency’s Engagement HQ page: https://engageenvironmentagency.uk.engagementhq.com/closure-notice.