Climate News Greenspace Demo - Climate Space Greenspace Climate Update: December 2014


Welcome to the Climate News Greenspace Demo - Climate Space Greenspace Climate Update: December 2014 monthly email as part of your subscription to Waterman's Greenspace platform. The monthly updates show any:

  • new legal entries added to your register;
  • amendments to legal entries in your register; and
  • legal entries removed from your legal register.

It also contains links to new publications from Government and regulatory bodies and examples of relevant offences, highlighting how legislation is implemented and enforced in practice.
As well as receiving this update by email you will also find it saved on your Greenspace site under the Legal Register > Monthly Updates tab at the top of your Greenspace page.


 
 
 
 
December 2014
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

DEPARTMENT OF ENVIRONMENT, FOOD & RURAL AFFAIRS (DEFRA)

Guidance on the New Fluorinated Greenhouse Gas Regulation

Defra has published a series of guidance documents supporting the UK implementation of Regulation (EU) No 517/2014, which came into force on 1 January 2015.

Users of equipment containing fluorinated greenhouse gases

Hydrochlorofluorocarons in equipment

Companies maintaining equipment containing fluorinated greenhouse gases

The hydrofluorocarbon (HFC) phase down

Equipment manufacturers and importers

Record keeping

Semiconductor manufacturers and magnesium smelters

 

ENVIRONMENT AGENCY

Enforcement and Sanctions Guidance

This guidance document has been updated to reflect the adoption of the Regulator’s Code and includes a new Annex on climate change regimes.

EEE Producers: How to accurately identify EEE

This document provides guidance on the scope of equipment within the UK WEEE regime.

EU Emissions Trading System (ETS) Phase III: guidance for aircraft operators

This document aims to support UK-administered aircraft operators to comply with their duties under the EU ETS between 2013 and 2016.

Internal drainage districts in southern England

This document describes how the Environment Agency acts as the Internal Drainage Board in certain drainage districts of southern England. The Environment Agency’s role in this cases is explained.
 

Standard Rules and Risk Assessments

SR2014 no 2: the management of extractive waste

Standard rules and generic risk assessment for the management of extractive waste.

SR2014 no 4: NORM waste from oil and gas production

Standard rules and generic risk assessment for the accumulation and disposal of radioactive waste.
 

Horizontal guidance on Surface Water Discharges

H1 Annex D: Discharges to surface waters

Updated statutory guidance on assessing the impact of discharges to surface water from permitted installations, waste activities, point source water discharges and standalone water discharge activities.

H1 Annex D1: Surface water discharges: assessment of hazardous pollutants

Updated statutory guidance has been published on assessing the impact of hazardous pollutants within surface water discharges.

H1 Annex D2: Surface water discharges: assessment of sanitary and other pollutants

Updated statutory guidance has been published on assessing the impact of sanitary or other pollutants within surface water discharges.

 

HM REVENUE & CUSTOMS (HMRC)

Aggregates Levy manual

HMRC has made its internal guidance manual on the aggregates levy publically available.

 

DEPARTMENT OF ENERGY & CLIMATE CHANGE (DECC)

Land criteria for parties producing heat and electricity from woodfuel

 

DEPARTMENT FOR COMMUNITIES AND LOCAL GOVERNMENT (DCLG)

Planning and Building Guides

Plain English guide to the planning system

Plain English guide to planning for free schools

Better connected: a practical guide to utilities for home builders

 

WELSH GOVERNMENT

Guidance on the Separate Collection of Waste Paper, Metal, Plastic and Glass

This statutory guidance document supports the duty to collect paper, metal, plastic and glass separately from 1 January 2015 in accordance with the Waste (England and Wales) Regulations 2011, as amended.

 
 
 
 
 
 
 
Offences
 
 

Natural Resources Wales uses civil sanction powers following river pollution incident

Natural Resources Wales has used an innovative approach to dealing with a company which polluted the River Taff.

In January and September 2013, waste from the PB Gelatins site in Treforest found its way into the river unintentionally. Although no fish were killed, the pollution killed insects which are an important food source for fish.

Rather than prosecute the company, the regulator accepted an offer by the company to use civil sanctions. In return the company paid £20,000 to Gwyl Taf, a local project run by the South East Wales Rivers Trust. The company also agreed to reimburse NRW’s costs in relation to the investigation.

This is the fourth occasion where Natural Resources Wales has used its civil sanction powers.

  • Last January, the Authentic Curry Company made a donation of £3,356 to Brecknock Wildlife Trust in relation to packaging waste offences.

  • In 2013, John Liscombe Ltd made a donation of £9,000 to the Gwent Wildlife Trust in relation to packaging waste offences and

  • In May 2013, William Ernest Lloyd Harries donated £2,000 to Keep Wales Tidy in relation to fisheries offences.

 

Enforcement notice issued in response to a fire in Cambridgeshire

On 17 December 2014 the Environment Agency issued an enforcement notice to Akhtar Waste and Energy Developments for the Bridgefoot Quarry Recycling Centre in Cambridgeshire. This notice requires that all waste material remaining is removed from the site by 16 February 2015.

The notice follows a large fire on 13 November 2014. All materials are required to be removed, including ash and debris, to further protect underlying groundwater from potential pollution.

Kevin Rutterford, Environment Manager at the Environment Agency said:

“We have worked closely with partners including Cambridgeshire Fire and Rescue Service to reduce the environmental impact this fire could have caused. The fire was allowed to burn in a controlled manner rather than using water to extinguish the flames in order to protect groundwater beneath the site.

“Issuing this Enforcement Notice is an extended measure to ensure the site is properly cleared of ash and debris to further protect the groundwater from potential pollution.”

This notice also suspends all operations at the recycling centre and means that no further waste can be accepted, treated or stored at this site until it is deemed to be suitable for operation again.

 

Scottish construction firm fined for failing to ensure licenced disposal of waste

CMI Demolition Limited received a £16,000 fine at Airdrie Sheriff Court on 31 December after the company failed to ensure the proper disposal of waste from their facility between March and June 2011.

The company knowingly allowed unlicensed contractors to transport and dispose of waste materials produced from CMI Demolition’s transfer station.

Under the Environmental Protection Act 1990, companies have a legal duty of care to ensure that all operators who transport waste on their behalf are licenced as legitimate waste carriers. Each waste producer is also required to produce accurate waste transfer notes recording the type of waste concerned, where waste materials are taken to, when and by who to ensure waste is disposed of correctly.

SEPA was alerted to the breach in regulation following a prolonged investigation into the discovery of illegally dumped waste at a site in North Lanarkshire. Official documents salvaged from the waste allowed SEPA officers to trace the original owners, who subsequently identified CMI Demolition Ltd as their waste management provider.

While the illegal activities at Avonhead Road did not directly involve CMI Demolition Ltd, the company is still liable to enforcement action for failing to carry out adequate background checks, provide accurate waste transfer documentation and ensuring waste produced from their transfer station was disposed of correctly.

 
 
 
 
 
 
Kenny Wintle
e: kenny.wintle@watermangroup.com

Waterman Infrastructure & Environment Ltd
2nd Floor | Cubo | 38 Carver Street | Sheffield | S1 4FS | t: 0114 2298900
Pickfords Wharf | Clink St | London | SE1 9DG, t: 0207 928 7888

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