New publications this month:

ENVIRONMENT AGENCY 

S2: storing waste in a secure place

Guidance supporting this waste exemption has been updated to clarify the amount of waste that can be stored at any time.

Environmental Permitting

Financial provision for landfill

The financial provisions calculator provides guidance on how to manage the financial requirements of the Landfill Directive. This calculator has been updated.
 

OPRA for EPR: Operational risk appraisal

Guidance on determining the correct environmental permit application charge under OPRA has been updated.
 

M9: environmental monitoring of bioaerosols at regulated facilities

This document provides guidance on the monitoring of bioaerosols from stacks, open biofilters and in ambient air. This document is applicable to facilities with both ambient and point source emissions.
 

Industrial Emissions Directive (IED) derogation: cost-benefit analysis tool

Derogations may be available for certain installations under the IED as an alternative to compliance with revised emission limits. The Environment Agency has prepared a cost-benefit analysis tool to support the assessment of IED derogation requests.
 

MCERTS: performance standard for laboratories testing samples from stack emissions monitoring

This performance standard concerns the analysis of samples taken to monitor emissions from stacks.
 

Regulatory Position Statement (RPS) 203: Use mobile plant for landspreading in England or Wales

This RPS provides information on where the use of a mobile plant for landspreading activities may be applied for. This document will be reviewed again in December 2017.

EU ETS

Statutory guidance: EU ETS Phase III: guidance for installations

This document provides guidance on how to meet obligations under the European Emissions Trading Scheme (EU ETS) and associated legislation. Minor changes have been made to reference to further European Commission guidance.
 

EU ETS Phase III: guidance for aircraft operators

This document provides guidance for aircraft operators on how to meet obligations under the EU ETS. This document clarifies that reporting requirements for 2017 remain unchanged from previously.

DEPARTMENT FPR BUSINESS, ENERGY & INDUSTRIAL STRATEGY (BIS)

Non-domestic Private Rented Property minimum standard – Landlord guidance

The Energy Efficiency (Private Rented Property)(England and Wales) Regulations 2015 mean that, from April 2018 (and from April 2023 for existing or renewed tenancies), private non-domestic (and domestic) landlords must ensure that properties they rent in England and Wales reach at least an EPC rating of E before granting a tenancy to new or existing tenants.

This document provides guidance to landlords of privately rented properties on how to comply with the 2018 ‘minimum level of energy efficiency’ standard band E.
 

Guidance on application for hydraulic fracturing consent

The document provides guidance on how to apply for a hydraulic fracturing consent under section 4A of the Petroleum Act 1998.
 

Contracts for Difference: Draft Allocation Framework for the 2017 Allocation Round

This draft document sets out the rules under which the second Allocation Round will be undertaken in line with the Contracts for Difference Allocation Regulations 2014.
 

Contracts for Difference: standard terms and conditions, February 2017 update

This draft document sets out the rules under which the second Allocation Round will be undertaken in line with the Contracts for Difference (Allocation) Regulations 2014.

DEFRA

Sewage sludge on farmland: code of practice

This code of practice aims to support persons in complying with requirements on producing, supplying and using sewage sludge on farmland.

SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA)

SEPA Position Statement: Regulation of Outputs from Anaerobic Digestion Processes

This Regulatory Position Statement sets out how SEPA will regulate the use and handling of digestate outputs from the AD process.   
 

WST-G-049: Food waste management in Scotland

This Food Waste Management Guidance sets out the Scottish Environment Protection Agency’s (SEPA) expectations across the food waste supply chain in order to achieve high quality recycling.  

DEPARTMENT OF AGRICULTURE, ENVIRONMENT AND RURAL AFFAIRS

Regulatory Position Statement: Reuse of Material

This statement concerns the reuse of materials where waste legislation does not apply.

Construction company to pay £54,000 for surface water pollution offence

Interserve Construction Limited (ICL) has been fined for a single polluting incident after the firm discharged silt-laden water into a tributary of the River Rother, East Sussex.

ICL was contracted to South East Water over an 18-month period at the Crowhurst Bridge Water Treatment Works to improve South East Water’s ability to manage water treatment.

In mitigation, the Environment Agency took into account that the company was of previous good character and this incident constituted an isolated offence or 25 minutes’ duration, during an 18-month contract. There was no evidence that local wildlife was adversely affected.

Penalty

Interserve Construction Limited (ICL) has been fined £54,000 with £5,955 costs.

Heineken paying £160,000 over pollution incident

Heineken has been found to have caused pollution to surface water in August 2014. The incident, at their Bulmer’s cider plant was caused when a container of ammonia-contaminated water was emptied to a surface water drain which connected to the Widemarsh Brook.

it was estimated that between 2,000 and 3,000 fish were killed including bullhead, minnows, juvenile chub & dace.

Penalty

The Environment Agency has accepted an offer of £160,000 under an enforcement undertaking. As a part the enforcement undertaking, £150,000 will go the Wye & Usk foundation and £10,000 to Yazor Widemarsh & Eign Brook restoration project.

Heineken has also paid more than £12,000 to cover the Environment Agency’s legal costs.

Civil Sanction: enforcement undertaking

An enforcement undertaking is an offer to remedy non-compliance, its effects and to prevent recurrence as an alternative to prosecution. This offer becomes a legally binding agreement if agreed.

Suez to pay £505,000 for pollution at Cornwall's largest landfill

Suez Recycling and Recovery UK Limited has been found guilty for a series of offences at Connon Bridge landfill site near Liskeard.

Environment Agency officers visited the site following reports from members of the public about nearby contamination. The officers found two nearby watercourses, the Widowpath and Connon Streams, smothered in sewage fungus for a distance of approximately 4km. Sewage fungus is a sign of organic pollution.

Further, unpleasant odours caused by inadequately controlled emissions of landfill gas at Connon Bridge consequently led to local residents complaining.

Suez resorted to unauthorised methods of disposal in an attempt to remove large volumes of contaminated surface water from the site, pumping it onto adjacent fields.

Breach

Suez Recycling and Recovery UK Limited pleaded guilty to 6 offences under the Environmental Permitting (England and Wales) Regulations 2010 including:

• failure to comply with leachate level limits specified by an environmental permit;
• allowing leachate to overflow from a leachate extraction point;
• unauthorised emissions of contaminated water;
• failure to comply with water quality emission limits;
• failing to notify the Environment Agency;
• causing odour pollution.

Penalty

Suez Recycling and Recovery UK Limited was fined £180,000 and ordered to pay £325,000 costs.