Regulator’s Code

The Legislative and Regulatory Reform Code of Practice (Appointed Day) Order 2014 brings the 'Regulator's Code' into force. Regulators specified must conduct their duties in accordance with this code.

This code applies to the majority of non-economic regulators in England and Wales, including the Environment Agency, Natural Resources Wales and Natural England. Further regulators, such as the HSE and UK local authorities, must also adhere to the code. A full list of regulators and their functions subject to the code is provided in an accompanying document online.

This Order came into force on 6 April 2014.

SENTENCING COUNCIL

Definitive Guidelines on Environmental Offences

The Sentencing Council has published definitive guidelines on sentences for environmental offences in England and Wales. These guidelines apply retrospectively once in force on 1 July 2014.

Offences subject to the guideline include:

• Unauthorised or harmful waste treatment, deposit or disposal;
• Illegal discharges to air, land and water;
• Transporting waste without a carrier registration;
• Breaches of the duty of care under the Environmental Protection Act 1990;
• Breaching abatement notices issued under the Environmental Protection Act 1990;
• Breaches of the Transfrontier Shipment of Waste Regulations 2007; and
• Breaches of restrictions on the use of public sewers.

Significantly, the guideline includes an obligation to determine fines in light of organisation turnover, profit before tax and other financial measures.

DEFRA

DEFRA better FOR BUSINESS: A strategic reform plan for Defra’s Regulations

This document presents Defra’s long-term objectives for the simplification, clarification and consolidation of environmental legislation in England. Annex 2 presents actions taken to date and target dates for future changes in the next five years.
 

Smarter data: plans to simplify information requests

This policy paper sets out plans to simplify environmental, marine, carbon and energy efficiency information requests by Defra.

Plans include stopping collecting data no longer used, avoiding redundant collections of information already held and an increased emphasis on standard permits (i.e. species licences and environmental permits) and reporting.

Annex A of this paper sets out Defra’s intentions to modify information regimes in the three years to 2017.
 

Greenhouse gas conversion factors: greenhouse gas conversion tool common queries

Defra has published guidance on its greenhouse gas conversion tool.
 

Flood support schemes: funding available from central government

This document provides guidance for households and businesses affected by flooding during winter 2013/14.

DEPARTMENT OF ENERGY & CLIMATE CHANGE (DECC)

EU Emissions Trading System (EU ETS): compensation for indirect costs in 2013 to 2014 and 2014 to 2015

Energy intensive industries are eligible for compensation against indirect costs incurred as a result of the EU ETS. This guidance document explains how to apply for compensation.
 

UK Solar Photovoltaic (PV) Strategy

DECC has published a second part to the government’s strategy for the deployment of solar PV in the UK. This part focuses on objectives for the roll out of solar PV across key markets including on the roofs of commercial, industrial and large public buildings.
 

Hydraulic Fracturing

Background note on shale gas and hydraulic fracturing

Guidance on the preparation of an environmental risk assessment of shale gas operations in Great Britain involving the use of hydraulic fracturing
 

Electricity Market Reform: Contracts for Difference

Contract for Difference: Draft Allocation Framework

DECC has published the draft allocation framework for the Contract for Difference (CfD) regime. Although subject to change, the draft allocation framework sets out parties eligible for CfDs and how auctions will be carried out (where relevant) and CfDs valued.

Contracts for Difference: Final Investment Decision Enabling: Successful Projects offered an investment contract

DECC has announced that it has offered investment contracts to eight low carbon electricity projects under the CfD regime.
 

Green Deal

Draft update to the Green Deal code of practice (version 4 - draft)

DECC has published a revised green deal code of practice (version 4) in draft format.
 

New Green Deal measures and notice of approval

This document presents further energy efficiency measures that are to be introduced to the green deal:

• Storage waste water heat recovery;
• Circulation pump replacement;
• Fan assisted storage heaters;
• Glazing replacement;
• Energy efficient luminares; and
• Party wall insulation.

DEPARTMENT FOR TRANSPORT (DFT)

Ultra low emission vehicles in the UK: measures to support use and development, 2015 to 2020

The UK Government has made £500m available to support the take up of ultra low emission vehicles (ULEVs) between 2015 and 2020. This document presents the support measures provided within this budget and the supporting policy framework. The policy framework provided details support for electric charging, gas refuelling (for HGVs) and hydrogen refuelling infrastructure.
 

Renewable Transport Fuel Obligation (RTFO)

Renewable Transport Fuel Obligation (RTFO) guidance

The DFT has updated its guidance on the RTFO to reflect the obligations under the seventh year of the scheme (15 April 2014 to 14 April 2015).

This guidance is of interest to persons involved in the supply of fuels for road transport.

Biofuels carbon calculator

The biofuels carbon calculator has been updated to reflect obligations under the seventh year of the RTFO.

ENVIRONMENT AGENCY

In April 2014 the Environment Agency website became part of GOV.UK. As a consequence the majority of the Organisation’s publications are in the process of being transferred.
 

Updated Waste Exemption Guidance

As part of the move to the GOV.UK, the Environment Agency has made its guidance on waste exemptions available on this website:

• Waste exemptions: disposing of waste
• Waste exemptions: storing waste
• Waste exemptions: treating waste
• Waste exemptions: using waste
• Non waste framework directive (NWFD) exemptions
   

Revised Charging Schemes

• Environmental permitting (EP) charges scheme: April 2014 to March 2015
• Abstraction charges scheme April 2014 to March 2015
• European union emissions trading system (EU ETS): charging scheme April 2014 to March 2015
   

Operational Risk Appraisal (OPRA) for Environmental Permitting

The Environment Agency has updated its OPRA guidance for the environmental permitting of installations, waste facilities and mining waste operations.
 

Regulatory position statement 025: Exemptions from hazardous waste producer registration

This statement provides exemptions from hazardous waste producer registration for places listed under Table 1 in this document.

The removal of hazardous waste may also be permitted without a consignment note or requirement for a consignee return under certain conditions.
 

Public dialogue on Significant Water Management Issues

NORTHERN IRELAND ENVIRONMENT AGENCY

Revised Charging Schemes

• Greenhouse Gas Emissions Charging Scheme (Northern Ireland) 2014
• Pollution Prevention and Control (Industrial Emissions - NIEA) Charging Scheme (Northern Ireland) 2014

SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA)

The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended): A practical guide

This revised document provides guidance on these regulations, the regimes and authorisations covered and the general binding rules applied.

Water undertaker fined following watercourse pollution

Northumberland Water has been fined for two pollution incidents involving sewage in County Durham. Both incidents took place during the summer of 2013.

The first incident affected the Kyo Burn, which is the source of the River Team. Environment Agency officers identified that the burn was discoloured and had an unusual odour. An ecological survey identified the presence of sewage fungus and dead invertebrates along a 1.8km stretch of the burn.

The Environment Agency officers identified that the sewage had entered the burn via a storm overflow. The overflow was blocked and monitoring equipment was faulty, resulting in fugitive releases.

The second incident affected the Bowburn Beck. Investigating officers identified that this release was caused by a sewer blockage. Sewage had lifted the manhole cover and entered the beck after flowing across farmland. Although Northumbrian Water was notified regarding this issue, the organisation failed to investigate it for four days. An ecological survey identified that the discharge had affected a 1km stretch of the beck.

Northumbrian Water admitted one offence for each of the incidents and was fined £30,000 in total, with £8,768.56 in costs. A £120 victim surcharge was paid for the Kyo Burn offence.

Illegal waste operator and biodiesel producer convicted

Andrew Manton Pannell Freeman has been convicted of two offences involving the deposit, treatment, storage and disposal of waste without a valid environmental permit at a site at Peterborough.

Mr Freeman had been receiving waste ash, concrete, bricks and soils, which were used to make aggregates and landscape gravel pits. The Environment Agency identified that 20,000 tonnes of power station ash, mixed with lime dust and water had been tipped into lagoons at the premises before being buried with thousands of tonnes of waste soil. Investigating Officers identified that the majority of this ash material remained on site four and a half years after it was tipped.

Investigations identified that Mr Freeman had purchased thousands of litres of waste oil and chemicals, which were used to make biodiesel. Environment Agency officers identified hundreds of drums and IBCs of chemicals and wastes from biodiesel production on each site visit between 2009 and 2011. Liquids had leaked onto surrounding land, presenting a significant risk of pollution.

Following a complaint, the Environment Agency attended the premises and identified burnt remains of waste including UPVC windows, oil containers and paint tins. The Environment Agency requested that burning sites were cleared, but Mr Freeman did not confirm the fate of this material.

Mr Freeman pleaded guilty to operating a facility for the deposit, storage, treatment and disposal of waste without an environmental permit contrary to Regulation 12 and 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2007. Mr Freeman received 80 hours of unpaid work in the community and a fine of £12,500.

At a later hearing Mr Freeman pleaded guilty to operating an installation for the production of biodiesel from waste oil without an environmental permit, contrary to Regulation 12 and 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2007. Mr Freeman received 80 hours of unpaid work in the community and a concurrent fine of £12,500.

Mr Freeman was ordered to pay £75,000 in costs and to hand over £125,000 under the Proceeds of Crime Act. In total Mr Freeman was ordered to pay £212,000.

Composting company fined permit breaches and offensive odours

A compositing company in Dorset has been fined for generating offensive odours and breaching its permit.

The Environment Agency had been receiving complaints regarding the firm since 2006. Although several warning letters were issued against the company, issues had not been addressed. In March 2011 a formal caution was issued for breaching the odour condition of the site’s permit.

Despite the formal caution, odour complaints continued. The Environment Agency’s national odour expert attended the site in October 2013 and recommended a number of improvements. Four enforcement notices were subsequently issued against the company to achieve compliance. These notices included:

• Moving from a block to open windrow system for green and in-vessel composting;
• Improving aeration of the site’s leachate lagoons;
• Improve the food reception building; and
• Produce a new environmental management system and odour management plan.

In court, the composting company pleaded guilty to four offences concerning permit condition contraventions between October 2012 and June 2013 and five offences of causing significant odour off site between February and April 2013. The company was fined a total of £7,400 and ordered to pay £6,100 in costs. Prosecutions were made under the Environmental Permitting (England and Wales) Regulations 2010.

The Environment Agency has stated that the compositing company subsequently complied with three of notices issued and the fourth is to be discharged shortly.