Climate News Greenspace Demo - Climate Space Greenspace Climate Update: September 2013


Welcome to the Climate News Greenspace Demo - Climate Space Greenspace Climate Update: September 2013 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 2013
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

EU
 

Opinion of the European Economic and Social Committee on the ‘Proposal for a regulation on fluorinated greenhouse gases’ COM(2012) 643 final — 2012/0305 (COD)
 

Proposal 2012/0305 (COD) suggested extensions to provisions of the existing Fluorinated Greenhouse Gas Regulation (EC) No. 842/2006. Most significantly it was proposed that the quantity of hydrofluorocarbon (HFC) gases placed onto the market is ‘phased down’ from 2015 via a quota system. It was suggested that by 2030 the total placement of HFCs onto the market would be 21% of that in the years 2008-11.
 

This opinion supports and supplements the proposal as follows:

  • Collection systems are proposed for end-of-life appliances in model of that used for WEEE.
  • The document stresses the importance of international control of hydrofluorocarbons in order to ensure identical controls and to avoid economic impacts on the Eurozone.
  • The opinion also stresses the importance of limiting impact on SMEs.
  • The opinion notes that life cycle analysis should be carried out for alternative technologies in order to minimise the respective environmental impacts and identify any improvements to the design of hydrofluorocarbon equipment.
  • A programme of phasing out HFCs is supported rather than phasing down, but this should be distinguished on the basis whether there are unacceptable economic implications from phase outs of certain applications.

No date has yet been set for the proposal to be adopted as a European Regulation
 

ENVIRONMENT AGENCY
 

REACH Annex XVII Restrictions - Polycyclic aromatic hydrocarbons (PAH) - Guidance Note Part 1
 

Part one of guidance regarding legal limits for PAH in tyres, retreads and extender oils.
 

Assessing Compliance with REACH Annex XVII Restrictions - Polycyclic aromatic hydrocarbons (PAH) - Guidance Note Part 2
 

Part two of guidance regarding legal limits on PAH in tyres, retreads and extender oils - includes compliance assessment advice.
 

Groundwater protection: Principles and practice (GP3)
 

GP3 is the Environment Agency's central guidance on groundwater protection. This covers how groundwater may become polluted and how it can be protected. Details are also given on legislation affecting groundwater.
 

Reservoir Risk Designation Guidance
 

Following the introduction of a risk-based management regime for reservoirs in England in July 2013, this document provides guidance on the Environment Agency’s methodology for determining whether a reservoir is high risk or not.
 

Position Statement: The regulation of materials being considered for development of an end of waste Quality Protocol
 

This document advises Environment Agency staff and customers on the regulation of wastes being considered for development of an end of waste Quality Protocol.
 

Changes to Standard Rules Permits
 

The Environment Agency has made revisions to the content of a number of standard rules permits available. Records of changes made have been available for modified permits as follows:

BIS
 

Restriction of Hazardous Substances (RoHS) Regulations 2012: government guidance notes for RoHS 2
 

This document provides updated guidance on the RoHS regime. This guidance is intended for businesses and individuals placing or making electrical and electronic equipment (EEE) available on the UK market from 2 January 2013.  The document provides guidance on the requirements of these regulations and the duties they confer on suppliers of EEE.
 

DECC
 

Applying for a place within the 400MW cap on new build dedicated biomass projects (Renewables Obligation)
 

This document provides information on applying for a place within the 400MW cap on new build dedicated biomass projects.
 

Engaging with DECC on Electricity Market Reform
 

This document provides information on advisory groups and upcoming events for engagement with the DECC.
 

Valuation of energy use and greenhouse gas emissions for appraisal
 

This document provides guidance on the valuation of energy usage and greenhouse gas emissions.

 

SCOTTISH GOVERNMENT
 

Scotland's Carbon Footprint 1998 - 2010
 

This report presents estimates of Scotland’s greenhouse gas emissions. The footprint was compiled on a consumption basis: emissions associated with spending of Scottish residents on goods and services, whether these arise in Scotland or elsewhere.
 

Wildlife Crime in Scotland - 2012 Annual Report
 

This report details wildlife offences in Scotland in 2012. This includes prosecutions and further action taken in relation to the offences recorded.
 

Current state of knowledge of effects of offshore renewable energy generation devices on marine mammals and research requirements
 

This report presents information on the current understanding of the impact of offshore renewables on marine mammals and where gaps have been identified.
 

DEPARTMENT OF THE ENVIRONMENT (NORTHERN IRELAND)
 

Policy on Specified Offences (Waste Authorisations)
 

This policy details means by which the Northern Ireland Environment Agency will assess whether persons holding specified offences are suitable for holding waste authorisations.
 

Schedule of Historic Monuments in Northern Ireland
 

 
 
 
 
 
 
 
Offences
 
 

Hazardous waste was to be used on farm land
 

Two companies were fined on the 5 September 2013 for waste offences involving mixing hazardous used drawing soap with compost to spread on fields. Drawing soap consists mainly of calcium hydroxide and glycerol and is used as a lubricant. In the process of ‘drawing down’ steel wire it becomes contaminated with iron oxide.


Land Network pleaded guilty to three offences at their site at Sturgate Airfield, Upton in Gainsborough between 3 June 2009 and 25 February 2010. The company admitted accepting hazardous drawing soap as well as welding rod waste, neither of which are biodegradable and was fined a total of £8,000 and ordered to pay costs of £17,500.
 

Lincoln Electric (UK) Limited produces the waste from the drawing down of steel wire in the production of welding rods and pleaded guilty to failing to prevent Land Network breaching its environmental permit. The company was fined £1,000 and ordered to pay costs of £12,500.
 

Lincoln Magistrates’ Court heard that the composting site is operated under both an environmental permit with an exemption from permitting granted by the Environment Agency.
 

The company was found to have breached Regulation 12, 38(1)(a) and 39(1) Environmental Permitting (England and Wales) Regulations 2007, Regulations 19(1), 65(a) and 69(2) of the Hazardous Waste (England and Wales) Regulations 2005 and section 34(1)(aa) and (6) Environmental Protection Act 1990.
 

Hatchery is fined for polluting local waterway
 

On 4 September 2013, P D Hook (Hatcheries) Ltd was sentenced at Scunthorpe Magistrates’ Court to causing a discharge of polluted water to a watercourse near their site.
 

The company pleaded guilty at an earlier court hearing. Based at Station Road, Gunness, Scunthorpe, P D Hook (Hatcheries) Ltd was fined £20,000, and ordered to pay £3,746.72 in costs, along with a £120 victim surcharge. The charges were brought by the Environment Agency under Regulation 38(1)(a), and 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2010.
 

P D Hook (Hatcheries) Ltd has a surface water lagoon on their site at Station Road, which collects clean water such as rainwater. The company holds a permit to discharge the clean water to a ditch at the rear of the site. This ditch forms part of a water body called the Burringham Reservoir Drain, which currently scores poorly for water quality under the Water Framework Directive.  On 22 November 2011, Environment Agency officers inspected the ditch and detected grey dirty water and sewage fungus. Ammonia levels were tested and found to be high.
 

It was discovered that the dirty water had come from the lagoon at the company’s premises, which had been polluted by a leaking skip used to store egg and chicken remains. In addition, the company was carrying out vehicle washing with detergents on top of surface water drains. Surface water drains can lead directly to rivers and streams. The chemicals were not suitable to enter a watercourse under the Control of Substances Hazardous to Health Regulations, as they are toxic to aquatic life. Large amounts of other chemical substances were also being stored on site, without the required safety measures and plans in place, such as bunds and drainage maps.
 

Waste offences result in £1,000 fine for landowner
 

Mr Martin Mallon of Milltown Road, Benburb, was fined £1,000 at Dungannon Magistrates’ Court on 09 September 2013 for two breaches of waste management legislation.
 

Between September 2012 and January 2013, officers from the Northern Ireland Environment Agency (NIEA) investigated a site, owned by Mr Mallon, on the Milltown Road, where substantial quantities of waste tyres were being stored.
 

Mr Mallon pleaded guilty to one charge of keeping controlled waste without holding the necessary waste management licence breaching Article 4 (1) (b) of The Waste and Contaminated Land (Northern Ireland) Order 1997, relating to the keeping of controlled waste, or knowingly causing or knowingly permitting controlled waste to be kept in or on any land except under and in accordance with a waste management license. In addition, to breaching of Article 27 (5) of The Waste and Contaminated Land (Northern Ireland) Order 1997, relating to failing without reasonable excuse, to comply with a direction under Article 27 (2) of the Order issued by the Department of the Environment (DOE) and was also ordered to pay £75 court costs.
 

 
 
 
 
 
 
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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