New publications this month:

DEPARTMENT FOR ENVIRONMENT, FOOD & RURAL AFFAIRS (DEFRA)

Policy Review - Timber and Timber Products (Placing on the Market) Regulations 2013

DEFRA has published its post implementation review of the Timber and Timber Products (Placing on the Market) Regulations 2013.

DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY (BEIS)

Hybrid heat pumps study

This study was commissioned to examine the potential role of hybrid heat pump (HHP) systems in decarbonising domestic heating systems.

Appraisal of domestic hydrogen appliances

A study has been published exploring the engineering challenges of developing domestic gas hobs, ovens, fires and boilers that can run on 100% hydrogen.

Heat Networks Investment Project (HNIP): Overview

A policy paper has been published offering a high-level overview of the main features of the HNIP scheme. This scheme aims to support the roll out of heat networks.

The Justification of Practices Involving Ionising Radiation Regulations 2004: guidance on their application and administration

The document provides guidance on the application of the regulations and the administrative procedures that will be used by government in reaching justification decisions regarding proposed novel uses of ionising radiation.

DEPARTMENT FOR TRANSPORT

Renewable Transport Fuel Obligation (RTFO) guidance: year 11

Guidance has been published regarding year 11 of the RTFO. This is of interest to fuel suppliers, verifiers and other parties supplying biofuels for road use. Year 11 covers the period between 15 April and 31 December 2018.

Motor fuel greenhouse gas emissions reporting

This guidance, which is aimed at fuel suppliers, has been updated. Updated information is provided regarding the Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012.

ENVIRONMENT AGENCY

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

This regulatory position statement has been revised to extend its period of validity until June 2018. Waste carrier, broker and dealer licences requiring renewal after 25 March 2018 are automatically extended until June 2018, as the updated online registration system has been delayed.  

Water pollution natural capital calculator

A calculator has been released to allow the estimation of losses to the public following a pollution incident affecting English waterways.

Definition of Waste Service checklist

A checklist has been published to record information needed to support the process of assessing whether a material is waste. The IsItWaste tool supports this by enabling assessment of whether waste derived material can be classed as non-waste, meaning it would be outside waste management control.

Enforcement and sanctions policy

This policy paper sets out how the Environment Agency will use enforcement and sanctioning powers to secure compliance with environmental legislation. 

PLANNING PORTAL

Changes to the National Planning Policy Framework (NPPF)

A news bulletin has been published on the draft of the updated NPPF.

SCOTTISH ENVIRONMENTAL PROTECTION AGENCY (SEPA)

Environmental Regulation (Scotland) Charging Scheme Amendment 2018

This document presents SEPA’s revised charges for activities falling under the Water Environment (Controlled Activities) regime. Supporting guidance on this scheme has also been provided.

Greenhouse Gas Emissions Trading Fees and Charges 2018 and 2019

SEPA’s 2018 and 2019 fees for the regulation of the EU Emissions Trading System are set out.

Guidance on Abandonment and Discontinuance of Reservoirs

Guidance has been issued on abandoning and discontinuing the operation of reservoirs.

Reservoirs (Scotland) Charging Scheme 2018

Charges associated with cost of delivering SEPA’s duties have been updated. This document sets out charges applicable from 1 April 2018.

SCOTTISH GOVERNMENT

PG(S) 16: Local Air Quality Management policy guidance

This policy guidance document has been updated.

WELSH GOVERNMENT  

Draft regulations on the control of plastic microbeads

The Welsh Government plans to introduce a microbeads ban on both the manufacture and the sale at the same time, on 30 June 2018. A draft of the proposed legislation has been published.

Changes to marine and wildlife licensing in the Welsh offshore region

A news bulletin has been published providing guidance on how the updated marine licensing regime will work in Wales from 1 April 2018.

DEPARTMENT OF AGRICULTURE, ENVIRONMENTAL AND RURAL AFFAIRS (DAERA) (NORTHERN IRELAND)

Marine wildlife disturbance

A leaflet has been published to raise awareness about marine wildlife disturbance.

Guidance for registering as a Carrier, Broker or Dealer in controlled waste

Guidance has been published on registration as a controlled waste carrier, broker or dealer in Northern Ireland.

Welsh anaerobic digestion operator fined for causing water pollution

GP Biotec Ltd has been fined for illegal discharges to surface and groundwater near Talgarth in Mid Wales. A 5km section of the River Llynfi and a private drinking water supply were affected.

An investigation by Natural Resources Wales identified that the company had spread organic matter inappropriately under unsuitable weather conditions. This lead nutrients accumulating and entering the river and groundwater supply after heavy rain. The unauthorised discharges affected water quality and invertebrate populations within the river.

A Natural Resources Wales representative stated that a land spreading audit was undertaken after the pollution event. Recommendations raised were reportedly acted upon promptly by GP Biotec Ltd.

Penalty

GP Biotec Ltd pleaded guilty and was fined £16,320 for the offences and £29,000 towards Natural Resource Wales’ costs.

Perthshire man prosecuted for waste offences

Alistair Roy has been charged for depositing, storing and burning waste illegally on land near Blairgowrie.

A second man, Derek Mollison, was fined for illegally transporting and disposing of waste and failing to ensure it was passed to an appropriately licensed, permitted or exempt person.

The mixture of waste identified at the site included soil and stones, plastic items, metal, hardcore, plasterboard, insulation, clothing, electrical goods, furniture, asbestos sheeting and tarmac. It was estimated that 30 tonnes of this material was present. Approximately 10 tonnes of the waste had been burnt. A proportion had been buried at the site. Some of the waste found had been tipped into a nearby tributary of the Lunan Burn, which is received by the River Tay.

The waste remains at the site, despite requests from SEPA to secure the waste and prevent deposits by others.

SEPA identified that the Derek Mollison, who trades as Mollison Construction, was not a registered carrier of waste and had failed to meets its obligations under the duty of care.

Breaches

Mr Roy pleaded guilty to breaching Section 33(1)(a), (1)(b)(i) and (6) of the Environmental Protection Act 1990:

• Section 33(1)(a) prohibits persons from depositing controlled waste to be deposited in or on any land unless authorised by and in accordance with a waste management licence.
• Section 33(1)(b)(i) prohibits knowingly causing or permitting controlled waste to be treated, kept or disposed of in or on any land except in accordance with a waste management licence.
• Section 33(6) makes it an offence to breach any requirement under Section 33(1).

Mr Mollison pleaded guilty to breaching Section 1(1) of the Control of Pollution (Amendment) Act 1989 and Section 34(1)(c) of the Environmental Protection Act 1990:

• Section 1(1) of the Control of Pollution (Amendment) Act 1989 makes it an offence to transport any controlled waste to or from any place in Great Britain, with a view to profit, without a waste carrier registration.
• Section 34(1)(c) of the Environmental Protection Act 1990 makes it the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste (or acts as a broker) to ensure that waste is transferred only to authorised person or persons authorised to transport waste.
  
  This subsection also requires the provision of a suitable written description of the waste (e.g. transfer note or consignment note, as applicable).

Penalty

Mr. Roy was sentenced to 200 hours community payback and subsequently received a Confiscation Order for £2,500 under the Proceeds of Crime (Scotland) Act 1995.

Mr. Mollinson was fined a total of £4,000.

Northern Irish car breaker fined for waste offences

Glen Baird, a car breaker in Dromore in County Down, has been fined for keeping end-of-life vehicles without an appropriate waste management licence.

An investigation by the Northern Ireland Environment Agency in January 2016 identified that Mr Baird had been breaking and repairing cars without the required licence. Over 200 end-of-life vehicles were present, alongside significant quantities of parts.

Breach

Mr Baird was found to have breached Article 4(1)(b) of the Waste and Contaminated Land (Northern) Order 1997.

• Article 4(1)(b) requires that persons may not treat, keep or dispose of controlled waste, or knowingly cause or permit this to take place except under an in accordance with a waste management licence.

Penalty

Mr. Baird was fined a total of £2,500.