Climate News Greenspace Demo - Climate Space Greenspace Climate Update: September 2015


Welcome to the Climate News Greenspace Demo - Climate Space Greenspace Climate Update: September 2015 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.


 
 
 
 
 

 
Pertinent Legislation Amended in September 2015
 
 
ENERGY PERFORMANCE OF BUILDINGS (ENGLAND AND WALES) REGULATIONS 2012, AS AMENDED
 
 
 
 
 

The Energy Performance of Buildings (England and Wales) (Amendment) (No. 2) Regulations 2015 amend the Energy Performance of Buildings (England and Wales) Regulations 2012 with regard to the enforcement of energy performance certificate (EPC) duties to supplement the Regulations of Article 27 (penalties) of Directive (EU) 2010/31/EU .

Article 27 states that member states shall lay down effective, proportionate and dissuasive penalties applicable to infringements of the national provisions which implement this directive.

The Local Weights and Measures Authority (LWMA) is required to agree enforcement of EPC duties with any other LWMA where a building in another area is the duty of its parent local authority. 

LWMAs are required to maintain information on buildings they have enforcement responsibilities for. All enforcement activity is to be reported annually to the Secretary of State by each LWMA. 

This regulation comes into force on 9 October 2015.

 
 
 
 
 
Recent Publications
 
 

ENVIRONMENT AGENCY

Manage waste on land: Guidance for land managers.

A section concerning the burning of stubble and crop residues has been added to this guidance.

Storing organic manures in nitrate vulnerable zones

This guidance document explains how to provide enough storage and keep storage records of organic manures in a nitrate vulnerable zone (NVZ).

Guidance on Clean Development Mechanism (CDM) and Joint Implementation (JI) projects: how to apply

This guidance explains how to apply for a letter of approval from the Environment Agency to participate in CDM and JI projects. CDM is a mechanism under the Kyoto Protocol. It allows emission reduction projects in developing countries to earn certified emission reduction (CER) credits, each equivalent to one tonne of CO2.

Air quality: impact pathway guidance

This guidance document has been updated to include interim guidance on the health impact of NOx emissions and NO2 concentrations.

 

NATURAL ENGLAND

Environmental Stewardship: additions, transfers and option changes to existing agreements

This guidance document concerns the transfer of land and making changes to options under an Environmental Stewardship agreement.

 

SEPA

SEPA has made three guidance documents available concerning the consideration of water, soil and air within strategic environmental assessment (SEA):

                                                          

Guidance on procuring waste services for public bodies and their contractors: Good practice guidance to prevent crime.

Guidance is provided on procuring waste services. This guidance is be useful for those involved in procuring waste services and those bidding for tenders.

 
 
 
 
 
 
 
Offences
 
 

Kent company fined £40,000 for illegal waste activity

Two Kent waste companies have been ordered to pay a total of £44,294 for illegally tipping waste on flood plain near the River Medway. Fastrac Contractors and Utilities Limited, of Cuxton Industrial Estate, were found guilty in their absence and fined £40,000 with £1650 costs, at Sevenoaks Magistrates Court. Bennett Grab Services, of Burleigh Sole Street, Cobham, Gravesend, pleaded guilty and were fined £2000, with costs of £404.

Charges were brought against both companies when an Environment Agency investigation discovered building waste and rubble being tipped at River House, Station Road, Cuxton, which was not covered by an environmental permit.

The court heard that on a site visit in 2013 Fastrac company director Mr Paul Davies admitted to having tipped 80 loads of waste at the site; the Environment Agency issued a letter requiring Fastrac to cease the deposit of waste at this location until getting the appropriate permission.

However, in November 2013 after no further information had been supplied by Fastrac the Environment Agency served statutory notices on both Fastrac and the landowner to provide waste transfer information about wastes deposited at this site. These revealed that a further 47 lorry loads of waste had been received at the site since the letter of 12 July 2013.

 

Man handed suspended prison sentence for illegal waste activities

Christopher John Nash, 34, of James Street South in Murton, appeared at Peterlee Magistrates’ Court on Friday, September 18, where he pleaded guilty to 2 offences of operating a waste facility without a permit and illegally depositing and burning waste.

He was sentenced to 12 weeks in prison, suspended for 12 months, ordered to carry out 150 hours of unpaid work in the community, and pay £2,500 costs and an £80 victim surcharge. He was also required to remove the remaining waste and remediate the site.

In April 2014, Environment Agency officers saw large amounts of waste in the yard together with a fire burning, and Nash was advised to stop bringing waste to the site.

During July the same year more waste and evidence of burning was seen at the site, with Nash telling officers he’d been away and it was down to the people working for him. He was given further advice and told again to stop bringing in waste.

Several visits in the following months saw fresh waste, including metal, sofas, carpet, paper and cardboard left at the site and in October Nash was interviewed by officers. He said he’d had a reduction in staff numbers, and added that he was no longer taking waste in at the site.

But further visits saw new waste deposits and evidence of burning, and he was interviewed a second time in April 2015, where he accepted he had said he would clear the site of waste, but his financial situation had made that difficult.

 

Repeated raw sewage leaks, lead to one of the largest water company fines

Severn Trent Water Limited has been fined £480,000, ordered to pay Environment Agency Costs of £13,675.38 as well as a victim surcharge of £120.

Proceedings were brought by the Environment Agency following repeated pollution incidents where raw sewage leaked into a farmer’s field and a pond in a private fishery. That pond leads into the Kingsforth Brook at Bramley near Rotherham, which in turn leads downstream to the Maltby Dyke. The incidents occurred on 25 February 2014 and 26 March 2014. The company had been warned on 2 previous occasions for similar incidents at the same location.

The Severn Trent pipeline that transported raw sewage to a treatment plant ruptured at the same point, which led to 4 pollution incidents within a year. The pollution directly contributed to fish deaths and samples taken by the Environment Agency suggested that it had also affected the local invertebrate community including freshwater shrimps.

In passing sentence, the Judge stated that both offences were committed negligently and that the harm to the environment was localised, and therefore minor, albeit significant to those affected by the incident. The offences were aggravated by the fact that there had been previous warnings issued for 2 earlier incidents.

 

 
 
 
 
 
 
Kenny Wintle
e: kenny.wintle@watermangroup.com

Waterman Infrastructure & Environment Ltd
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Pickfords Wharf | Clink St | London | SE1 9DG, t: 0207 928 7888

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