Climate News Greenspace Demo - Climate Space Greenspace Climate Update: September 2019


Welcome to the Climate News Greenspace Demo - Climate Space Greenspace Climate Update: September 2019 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 2019
 
 
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 AND RURAL AFFAIRS (DEFRA)

Add medium combustion plant or a specified generator to an existing bespoke permit, or charge a standalone permit

A link has been provided to form C2.5, which allows the addition of a medium combustion plant or specified generator to an existing bespoke permit. This form also allows variations of standalone medium combustion plant or generator permit.

 

Transferring and authorising F gas quota to another business

Guidance has been published on how a F-gas quota holder can transfer their fluorinated greenhouse gas quota to another producer or importer.

 

Chemical exporters: steps to export chemicals to the EU after Brexit

Defra has published a flowchart, providing the new process for exporting chemicals to EU customers after Brexit.

 

Code of practice on litter and refuse

This code of practice presents what would be considered practicable for landowners and occupiers regarding the duty to keep land clear of litter and refuse. This code has been updated.

 

ENVIRONMENT AGENCY

Changes in the regulatory framework for abstraction and impoundment licensing - move to Environmental Permitting Regulations

The water abstraction and impoundment licensing regime is to be integrated into the Environmental Permitting (England and Wales) Regulations 2016. It is proposed this change will take place in 2021 and from the date of this change all pre-existing licences will become permits.

A consultation on these changes is to take place in 2020.

 

When a motor vehicle is waste

Guidance on end of life private and commercial vehicles has been updated for clarity purposes.

 

Broadly equivalent standards for packaging and equivalent standards for WEEE and batteries

Guidance has been updated to provide examples of broadly equivalent standards for packaging, WEEE and batteries for Serbia, Hong Kong, Pakistan and Turkey.

 

Standard Rules Permit: Specified Generator, Tranche B low risk, base load operation between 0 - 0.9 MWth

This standard rules permit has been updated.

 

Regulatory Position Statements (RPSs)

RPS: Hazardous waste consignment note guidance for diffuse network infrastructure

Guidance on consignment notes has been updated to reflect reduced consignment note requirements that apply to movements of small quantities of hazardous waste from diffuse locations back to base.

These locations may include street lighting; gas, water and sewerage pipelines; railway track and waterways. If the conditions of this RPS are met, a ‘summary consignment note’ may be used to move waste from multiple locations.

 

Classifying waste wood from mixed waste wood sources: RPS 207

This RPS has been extended until 31 July 2020.

 

Exceeding permit limits when you obtain additional radioactive materials

This Brexit RPS has been extended until 30 April 2020. After this date parties will be required to comply with the respective permit held.

 

Accumulating radioactive waste that you cannot transfer because of Brexit

This Brexit RPS has been extended until 30 April 2020. After this date parties will be required to comply with the respective permit held.

 

 

WELSH GOVERNMENT

Landfill Disposals Tax qualifying mixtures of materials: fines

Instructions are provided to landfill operators on checks that must be applied when accepting waste fines in order to qualify for the lower rate of tax.

 

 

SCOTTISH GOVERNMENT

Climate Ready Scotland: Second Scottish Climate Change Adaptation Programme 2019-2024

This document sets out policies and proposals to address the impact of climate change in Scotland.

 
 
 
 
 
 
 
Offences
 
 

Waste crime: flytipper fined

A man has been convicted after cameras caught him dumping several tipper-truck loads of waste in north London.

John Steven McDonagh was filmed discarding mixed waste, including a fridge freezer and construction materials on both a public road and private land in Edmonton between January and February 2018.

McDonagh used a distinctive Ford Transit tipper van to carry out the crimes. Despite the vehicle not having registration plates, the Environment Agency still managed to track him down as part of the investigation.

Penalty

McDonagh pleaded guilty to committing waste offences and was fined £400, with costs of £260 and a victim surcharge of £40.

 

Anglian Water receives large fine for sewage pollution

Anglian Water has received a six-figure fine after it was found that negligence and maintenance failures led to the pollution of the Grendon Brook in Northamptonshire.

The pollution occurred over 2 days in August 2016, when at least a kilometre and a half of Grendon Brook was contaminated with sewage. Pollution was caused by various failures at the pumping station at the Yardley Hastings sewage plant. This station takes in raw sewage and transfers it to the main site for treatment. The pumps became air-locked and stopped working, causing sewage to back up in the storage tank. This tank overfilled and discharged into the nearby brook. Alarms which should have alerted staff to the problem also failed to sound.

The company’s environmental permit only allowed the site to discharge into the brook in storm conditions or in an emergency, neither of which applied at the time of the incident.

The permit required Anglian Water to maintain a 24-hour alarm system in case the pumping station failed or broke down, and a separate alarm to alert staff when the emergency sewage storage tank overflowed into the watercourse. Although an alarm was triggered indicating there was no flow from the pumping station to the main sewage works, this was mistakenly closed down without being resolved.

Testing of the Brook found levels of ammonia were 20 times higher downstream of the pumping station, enough to be extremely toxic to fish, invertebrates and other aquatic life.

Breaches

Anglian Water pleaded guilty to breaching the Environmental Permitting (England and Wales) Regulations 2010 and the Water Resources Act 1991.

Penalty

Anglian Water was fined £146,000 and ordered to pay £10,676 in costs.

 

Co Tyrone man convicted of multiple waste offences

A man has been charged with the unlawful deposit, keeping and treating of waste and waste pollution offences in Dungannon, County Tyrone in 2019.

On 5 November 2015, Northern Ireland Environment Agency officers discovered a large quantity of baled waste on a farmyard. Following this, five intrusive surveys identified in excess of 5,300 tonnes of controlled waste deposited and buried throughout the farm. Some of this waste had also been burnt.

The waste identified included domestic, commercial and industrial waste; comprising of food packaging waste, shredded plastics, crushed glass waste, mixed household waste, metals, tyres, shredded and flaked plastics and green waste. The waste had been processed and baled prior to arriving at this rural site.

Breaches

Stephen O’Neill pleaded guilty to five charges under the Waste and Contaminated Land (Northern Ireland) Order 1997, concerning breaches of three articles:

  • Article 4(1)(a) prohibits the deposit of controlled waste, or knowingly causing or permitting these deposits in or on any land unless a waste management licence is in place and this is being complied with.
  • Article 4(1)(b) prohibits treating, keeping or disposing of controlled waste, or knowingly causing or permitting controlled waste to be treated, kept or disposed of in or on any land or by means of any mobile plant.
  • Article 4(1)(c) prohibits treating, keeping or disposing of controlled waste in a manner likely to cause pollution of the environment or harm to human health.

Penalty

Stephen O’Neill was sentenced to 240 hours community service.

 
 
 
 
 
 
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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