New publications this month:

ENVIRONMENT AGENCY

Regulatory Position Statements (RPSs)

Temporary dewatering from excavations to surface water

This document sets out the conditions that must be met to temporarily dewater excavations, discharging to surface water without requiring an environmental permit.

RPS 8: Leaving decommissioned pipes in the ground

This RPS states conditions that must be met to leave decommissioned pipes in the ground without requiring an environmental permit.

RPS 208: Waste carrier, broker and dealer registration renewals due after 25 March 2018

This RPS provides a free three-month extension to carrier, broker and dealer licences, where they require renewal after 25 March 2018. This extension is being provided to allow the Environment Agency to upgrade its online licence registration system.

SCOTTISH ENVIRONMENTAL PROTECTION AGENCY (SEPA)

Supporting Guidance (WAT-SG-15) - Oil storage at sites where there is an onward distribution

Guidance is provided for operators on the changes to legislation applicable to sites which store oil for onward distribution.

Supporting Guidance (WAT-SG-75) - Sector Specific Guidance: Construction Sites

Guidance is provided on the application of environmental standards and good management practice techniques in relation to large scale construction sites and pollution control where these sites require a licence to control surface water discharges.

DEPARTMENT OF AGRICULTURE, ENVIRONMENTAL AND RURAL AFFAIRS (DAERA)

General guidance on applying for a waste management licence

This document outlines the procedure and fees applicable when applying for a waste management licence in Northern Ireland.

General Environmental Impact Assessment (EIA) scoping advice

This document gives general EIA scoping advice for the development of land that may affect the environment

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EIA scoping advice: Wind farms

Windfarm proposals with 2 or more turbines may require the submission of an Environmental Statement. This document provides advice on information likely to be required in support of a wind energy application.

BREXIT UPDATE

The European Commission issued a number of notices to stakeholders during January and February 2018. These notices concern the impact of the UK withdrawing from the EU, but are subject to change due to any transitional arrangements and the outcomes of any withdrawal agreement.

Notices deemed pertinent to the environment are discussed below.

Withdrawal of the UK and EU waste law

This notice raises key waste issues associated with the UK’s withdrawal, barring the impact of possible transitional arrangements or a withdrawal agreement:

• Under the Shipments of Waste Regulation (EC) No 1013/2006, which concerns transfrontier shipments of waste, waste may not be exported for disposal and mixed municipal waste may not be exported for recovery to countries outside the European Free Trade Association (EFTA) or where these parties are not a party to the Basel Convention. Therefore, export of this material from the EU to the UK will be prohibited.
  
  The import of waste from the UK to the EU will still be permitted.
   
• Waste exports to the UK will be counted as fulfilling EU waste management targets, provided the management in the UK is demonstrated to meet the same standards as within the EU. This includes targets on packaging waste, WEEE and waste batteries.

Withdrawal of the UK and EU rules in the field of industrial products

This notice concerns non-food and non-agricultural product legislation. It notes that authorised representatives and responsible persons within the UK (where allowed within the respective product legislation and working on behalf of UK manufacturers/importers) will no longer be recognised in this role for product conformity purposes from the date the UK leaves the EU. Therefore, alternative arrangements would need to be sought.

UK-based Notified Bodies, which undertake conformity assessments for certain products, will also no longer be able to do so from the UK’s withdrawal date. Conformity certificates issued by these bodies will cease to be valid, unless transferred to a EU-27 notified body. Alternatively, new certificates may be arranged from a Notified Body within the EU-27.

This notice concerns products subject to 42 items of EU legislation, including the:

• General Product Safety Directive 2001/95/EC;
• Restriction of the use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) Directive 2011/65/EU;
• Directive 2012/19/EU on Waste Electrical and Electronic Equipment (WEEE);
• Machinery Directive 2006/42/EC;
• Ecodesign Requirements for Energy-related Products Directive 2009/125/EC;
• Machinery Directive 2006/42/EC;
• Cosmetic Products Regulation (EC) No 1223/2009; and
• Equipment and Protective Systems intended for use in Potentially Explosive Atmospheres Directive 2014/34/EU.

Withdrawal of the UK and EU rules on biocidal products

Subject to the terms of any transitional arrangement or withdrawal agreement, countries outside the EU cannot act as evaluating or reference Member States under the Biocidal Products Regulation (EC) No 528/2012.

This may affect new and ongoing applications for biocidal product approval where the UK is evaluating an application. The notice recommends that business operators consider changing to another evaluating or reference Member State.

Additionally, active substance or product suppliers under the Article 95 list within the Biocidal Products Regulation (EC) No 528/2012 must be established or have a representative within the EU, EEA or Switzerland.

Withdrawal of the UK and EU rules for the use of the EU Ecolabel

Subject to the terms of any transitional arrangement or withdrawal agreement, the UK’s EU Ecolabel Competent Body will no longer be designated and will lose access to the Ecolabel database.

EU Ecolabels awarded by the UK’s EU Ecolabel Competent Body will no longer be used on products placed on the EU market or within promotional material.

EU Ecolabel licences may be transferred to or applied for with a new EU Ecolabel Competent Body.

Enforcement Undertakings accepted from United Utilities

United Utilities has admitted to causing sewage pollution in two watercourses in 2016 and paid £155,000 to environmental charities as part of two Enforcement Undertakings.

Sewage Overflow

In July 2016, a blockage in a sewage detention tank in Whaley Bridge caused it to overflow, causing a short-term but significant impact on invertebrate life and habitat within the River Goyt. A similar event at Millbrook in Tameside during August 2016 affected the Swineshaw Brook. This was caused by an overflow through a dislodged hatch cover.

Enforcement Undertakings

Enforcement Undertakings permit the polluter to make an offer to the Environment Agency to pay for or carry out environmental improvements as an alternative to enforcement action. The Environment Agency determines whether to accept undertakings offered or not.

The Environment Agency accepted United Utilities’ offer of £155,000 in donations to the Wild Trout Trust, the Ramblers Association and the Healthy Rivers Trust. United Utilities also spent £10,000 on removing rubbish from the Swineshaw Brook and paid the Environment Agency’s incident response and investigation costs in full.

United Utilities also committed to improving their infrastructure and asset maintenance schedules in order to reduce the likelihood of reoccurrence.

Holiday Park fined for illegal burning of waste materials

Seaside Leisure Parks Ltd, a Lincolnshire based holiday park company, has been fined after illegally burning waste including mattresses, sofas, and plastic chairs on their premises. 

During their attendance in July 2017, the Environment Agency identified acrid smoke blowing across the caravan site and that the fire was only 25 metres from the nearest caravan. The Fire and Rescue Service had to attend to put the fire out.

Following this incident, the company did not take the appropriate action to remove the waste for another month. The company had previously been warned for similar practices in letters from the Environment Agency in 2010. During an interview, the defendant stated that by disposing of waste illegally, the company had avoided costs of approximately £2,000.

Penalty

The company was ordered to pay a fine of £5,000, as well as £3.496.50 in costs and a victim surcharge of £170.

Unauthorised scrap metal facility fined

A Leominster resident has pleaded guilty to operating an unauthorised scrap metal and end-of-life vehicle facility.

Illegal scrap metal facility

Following a tip-off, Environment Agency officers found piles of miscellaneous scrap metal and evidence of contamination with oil and scrap motor vehicles, gas cylinders, wheels, batteries and metal sheeting. Burning of waste had also taken place.

The operator was advised that he needed a suitable environmental permit or exemption to carry out the activities underway at the site.

Although an exemption was subsequently registered, Environment Agency officers later noted that the conditions of the exemption were not met and an enforcement notice was served requiring the removal of all waste from the site. This Notice was not complied with nor was a second Notice requiring the provision of waste transfer notes.

Breaches

Edward G Gillum was found to have breached Regulation 12(1)(a) and Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010 and 2016 and Sections 34(5) and 34(6) of the Environmental Protection Act 1990:

• Regulation 12(1)(a) and Regulation 38(1)(a) make it an offence to operate a regulated facility not authorised by an environmental permit.
• Sections 34(5) and 34(6) make it an offence to fail to retain or furnish mandatory waste documentation and to fail to meet the duty of care.

Penalty

The operator was fined £3,340 and ordered to pay £8,669.54 in costs with a £150 victim surcharge.