Climate News Greenspace Demo - Climate Space Greenspace Climate Update: September 2017


Welcome to the Climate News Greenspace Demo - Climate Space Greenspace Climate Update: September 2017 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.


 
 
 
 
September 2017
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

New publications this month:

DEPARTMENT FOR ENVIRONMENT, FOOD & RURAL AFFAIRS (DEFRA)

Environmental permitting and statutory nuisance guidance

Guidance on the interaction between the environmental permitting and local authority statutory nuisance control regimes has been made available online.

 

DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY (BEIS)

Capacity Market Rules frequently asked questions

A frequently asked questions document concerning the rules for the capacity market has been updated. This may be of interest to capacity market participants or potential applicants and any persons interested in the scheme.

Cost Compensation

The following lists of organisations compensated against the indirect cost of emissions reduction and renewables support schemes have been published:

 

HM REVENUE & CUSTOMS

Landfill Tax: Disposals not made at landfill sites

Draft legislation has been published that will make landfill tax payable on illegal disposals at sites without an appropriate environmental permit.

These changes will come into effect in England and Northern Ireland on 1 April 2018.

 

ENVIRONMENT AGENCY

Technical guidance note M18: Monitoring of discharges to water and sewer

This permitting guidance document has been partially rewritten to assist its interpretation and clarify sample storage requirements.

 

Regulatory Position Statement (RPS) 206: Use of unbound incinerator bottom ash aggregate (IBAA) in certain construction activities

This RPS details conditions that must be met to use unbound IBAA without an environmental permit. This RPS will not apply from 19 August 2018, and the Environment has committed to review this document by this date.

 

MCERTS performance standards

Two MCERTS performance standards for ambient air quality monitoring have been updated to reflect current standards and applicable legislation:

 

OFFICE OF ROAD AND RAIL (ORR)

Approach to authorisations under the Railways (Interoperability) Regulations 2011

Guidance is provided on how the ORR manages interoperability authorisations.

 
 
 
 
 
 
 
Offences
 
 

Driver fined for carrying waste without a waste carrier’s licence

A driver has been fined nearly a thousand pounds for carrying waste without a licence.

The driver was stopped by the police in Grays in January 2017 as part of a fly tipping investigation. The vehicle was filled with rubble, bricks and waste plasterboard. The driver stated that the vehicle was owned by a friend, and that the driver had not checked the load.

Penalty

The driver was convicted of the offence in his absence at Basildon magistrates court. He was fined £660 with a victim surcharge of £66, Environment Agency costs of £85 and compensation of £154.

 

Man fined for illegally dumping waste

A man has been fined after he was found to have dumped chemical waste at sites in the East Midlands.

Kirk McRoberts, who traded as No Need for a Skip Ltd, was found to have deposited 23 barrels containing adhesive at sites in Long Eaton and Cossall. These offences occurred between 4 and 7 April 2016.

Nottingham Magistrates Court heard how Kirk McRoberts had used a hired van, which was fitted with a GPS tracker. Data recorded by this system shows the van stopping at both locations. This was used alongside CCTV footage from one of the sites to convict the offender.

By illegally dumping the waste, costs around £900 were avoided.

Penalty

Kirk McRoberts pleaded guilty to illegally dumping the waste. He was fined £900 with £500 towards the cost of the prosecution. He was also ordered to pay a £45 government surcharge.

 

North East waste contractor fined for failing to comply with duty of care legislation

Thompson Waste, who operate a waste transfer station in Sunderland, has been fined after it was found that dumped waste originated at their premises.

The Environment Agency determined that a proportion of 585 tonnes of mixed waste dumped illegally at a disused warehouse in Pallion could be traced to Thompson Waste.

Between September 2015 and January 2016, the company had been paying a local man below market rates to remove waste from their site. Thompson Waste had not been fulfilling its statutory duty to check the waste was being taken to a permitted destination. An investigation found that paperwork completed had failed to include mandatory information including the origin of the waste or an accurate description.

A trial concerning other parties alleged to be involved with the illegal waste dumping in Pallion is due to take place in 2018.

Penalty

Thompson Waste pleaded guilty. The company was fined £3,335 and ordered to pay compensation of £5394 with costs of £6,000.

 
 
 
 
 
 
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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