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


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


 
 
 
 
November 2015
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

New publications this month:

 

ENVIRONMENT AGENCY

Waste batteries and accumulators: technical guidance

The technical guidance on waste batteries and accumulators has been updated.

The guidance provided online now reflects that from 1 January 2016 batteries over 4kg will be classed as industrial. Batteries below 4kg may still be classed as industrial if they are designed for professional or industrial use.

 

Updated Waste Exemption Guidance

References to 'dangerous substances' have been updated to 'hazardous substances' in the following waste exemption guidance:

Storage

Treatment

Disposal

Use

 

Environmental permitting charges scheme: guidance from April 2014

What has been updated?

Version 2 of this guidance has been issued, reflecting additional standard rules permits introduced in 2013 and 2014. Fees have been clarified in relation to partial surrenders of permits at low risk sites. An addendum on materials facilities has been integrated to the document.

 

ENVIRONMENT AGENCY AND NATURAL RESOURCES WALES

Nuclear sector plan: 2014 environmental performance report

The Environment Agency and Natural Resources Wales regulate the disposal of radioactive waste at and from nuclear sites in England and Wales.

This report presents information on environmental performance for the nuclear industry in England and Wales during 2014.

 

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

Defra has issued guidance for Water Companies on drought permits, drought orders and emergency drought orders:

 
 
 
 
 
 
 
Offences
 
 

Telford man handed £6,229 penalty for operating an illegal waste site

Mr William Wellings was fined £3,200, ordered to pay £2,909 in costs, along with a £120 victim surcharge.

The charge was brought by the Environment Agency contrary to Regulation 12 and 38 of the Environmental Permitting (England and Wales) Regulations 2010.

Regulation 12 states that a person must have an environmental permit to operate a regulated facility or to cause or knowingly permit a water discharge activity or groundwater activity.

Regulation 38 states that it is an offence for a person to contravene regulation 12 or knowingly cause or knowingly permit the contravention of regulation.

Environment Agency officers advised Mr Wellings in 2013 that in order to operate a waste transfer station at the site he would need to obtain an environmental permit.

In March 2014, the Environment Agency found approximately 30 skips of various sizes stored around the site. Most of the skips contained general household and clearance type waste, with some biodegradable material. There was also a large pile of general construction and demolition type waste on the ground. A cardboard box found within this waste contained the name of a local college.

Investigations found that the local college, whose name was found on waste at the Hill Top Farm site, were currently having building work carried out. It was confirmed that some of their building waste had been collected by Mr Wellings.

Despite visits and written correspondence to Mr Wellings no environmental permit was in place or applied for at the Hill Top Farm site. The site was also not engineered to the standards required to prevent any harm occurring to the environment.

 

South West Water hit with £214,000 fine after polluting River Tamar

South West Water has been fined £214,000, with costs of £27,750 by Plymouth Crown Court for breaching environmental controls at the Camels Head sewage treatment works in Plymouth and failing to stop sewage pouring into the River Tamar.

The court heard that between March and September 2013, South West Water failed to operate and maintain the works in accordance with good operational practice and to treat effluent so as to minimise the risk of pollution.

It also heard that on 12 June 2013, a statutory sample taken breached the limits for Biochemical Oxygen Demand (BOD) and Chemical Oxygen Demand (COD) under the Urban Waste Water Treatment Regulations.

The court took into consideration 3 further permit breaches in 2015 and previous convictions in 2012 and 2013 relating to this site.

 

Married couple and company must pay £130,000 for waste crime

Two married company directors and their company have been ordered to pay £130,000 for illegally exporting 187 tonnes of hazardous electronic waste to 6 African countries between 2011 and 2015.

The company and its directors, Mark Daniels, (51, of Reynolds Street, Warrington) and Lynn Gallop, (52, of the same address) pleaded guilty to shipping the containers illegally.

Mark Daniels was given a 9-month custodial sentence suspended for 2 years and ordered to pay £50,000 Proceeds of Crime Act (POCA) and a £20,000 contribution to costs. Daniels Recycling Ltd was fined a total of £25,000 (£5k per offence pleaded to). Lynn Gallop was fined £450, with £25,000 POCA and a contribution to costs of £10,000.

Ezenwa Ogbonnaya and M2 Ventures Limited also pleaded guilty to exporting 6 of the containers, having bought the waste from Daniels Recycling. Sentencing of Mr Ogbonnaya and his company has been adjourned to March 2016.

 
 
 
 
 
 
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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