New publications this month:

EUROPEAN IPPC BUREAU (EIPPCB)

Revised BREF for Waste Incineration

An updated Best Available Techniques Reference (BREF) document has been published for installations in the waste incineration sector that require permits.

Revised BREF for the Food, Drink and Milk Industries

An updated BREF document has been issued for activities at installations within the food, drink and milk industry sector requiring permits.

DEPARTMENT FOR ENVIRONMENT, FOOD & RURAL AFFAIRS (DEFRA)

Plant imports: authorised border control posts in the UK

This list has been updated.

ENVIRONMENT AGENCY

Medium combustion plant: when you need a permit

This guidance has been updated. Existing medium combustion plant will no longer classify as ‘new combustion plant’ and require a permit immediately where it is converted to run on natural gas rather than fuel oil.

Packaging producer responsibility monitoring plan 2020

This plan sets out how the Environment Agency will monitor businesses required to participate in the packaging producer responsibility scheme.

Develop a management system: environmental permits

This updated guidance document now covers the protection of businesses holding environmental permits against online security threats.

MCERTS Stack Emissions Monitoring Guidance

The following guidance documents have been published and collectively replaced the former M2 guidance document:

• Monitoring stack emissions: technical guidance for selecting a monitoring approach
• Monitoring stack emissions: techniques and standards for CEMS and automated batch samplers
• Monitoring stack emissions: techniques and standards for periodic monitoring
• Monitoring stack emissions: maximum uncertainty values for periodic monitoring

Offence response options

These documents set out enforcement options available for offences the Environment Agency regulates. These are split by regime and sector.

• Chemicals sector offences
• Climate change offences
• Control of Major Accident Hazards (COMAH) offences
• Environmental damage offences
• Environmental Permitting Regulations (EPR) offences
• Extant water quality provisions offences
• Fisheries offences
• Flood risk management offences
• Land quality offences
• Navigation offences
• Obstruction: common offences
• Reservoir offences
• Waste offences
• Water resources offences

Regulatory Position Statements (RPSs)

The following RPSs were published or updated in December 2019:

• RPS 120: Using back up flares at exempt anaerobic digestion plants: this RPS has been extended until 31 October 2022.
• RPS 228: Storing and treating waste plastic produced from processing WEEE: this new RPS will run until 31 July 2020.

NATURAL ENGLAND

Class Licences for Wildlife Management

Updated class licences have been published for a broad range of activities involving protected amphibians, birds, invertebrates and mammals. It is an offence to undertake operations subject to these licences unless a current licence is held, the conditions are met and the holder is suitably competent.

General Licences for Wildlife Management

A series of general licences have been published, authorising certain activities involving protected animals.

Activities subject to general licences may only be carried out where the conditions set are met. Persons do not need to apply for these licences to undertake the activities concerned.

Invasive Alien Species: Licence to manage and control them

Persons wishing to manage or control invasive alien species will need to obtain this licence. Species covered by this licence are listed on the webpage linked above.

FORESTRY COMMISSION

Register as a Professional Operator to issue Plant Passports

Guidance has been published on how companies may become a registered professional operator to import or export wood, wood products and bark or obtain approval to issue plant passports and apply the ISPM15 phytosanitary certification mark.

Find a specific tree pest or disease

Guidance on the identification, impacts of and control measure for tree pests and diseases has been updated.

WELSH GOVERNMENT

Prosperity for all: A Climate conscious Wales

This five-year climate change adaptation plan includes measures to:

• protect property, people and infrastructure from flooding;
• protect against droughts and low river flow;
• address land management practices exacerbating climate risk; and
• manage risks to ecosystems and agricultural businesses.

Welsh National Marine Plan

This plan sets out policies for the protection of the Welsh marine environment. This plan should be referred to by applicants and decision-making bodies regarding proposals for marine developments and marine licences subject to the Marine and Coastal Access Act 2009. 

DEPARTMENT OF AGRICULTURE, ENVIRONMENT AND RURAL AFFAIRS (DAERA)

Northern Irish waste management plan

The final version of the waste management plan was published in December 2019. This was previously subject to a consultation in October 2019. Objectives are set for the improvement of waste management in Northern Ireland.

Guidance on the Water Supply (Water Quality) Regulations (NI) 2017

This guidance document concerns sampling or new or emergency public water supplies.

Guidance on Management of Waste Domestic Heating Oil Tanks

Guidance has been published on waste domestic heating oil tanks.  This note states that from 1 January 2020 all ‘uncleaned’ waste domestic heating oil tanks will be deemed to be hazardous waste.

Sewage pollution incident leads to charity donation

Severn Trent has made a substantial donation to a charity, following the release of sewage to a brook in Leicestershire.

In August 2016 two blockages arose in the foul sewage system operated by Severn Trent. This led to releases to the Thurcaston Brook in Leicestershire, which was in turn received by the Rothley Brook. These releases caused the death of over 2,000 fish.

As an alternative to prosecution, Severn Trent proposed an enforcement undertaking to the Environment Agency. This undertaking included a payment of £226,000 to the Trent Rivers Trust, a charity dedicated to the rivers, streams, people and wildlife of the Trent catchment. The Environment Agency accepted the undertaken and the money is to be used by the charity for water quality and restoration improvements regarding the Thurcaston and Rothley Brook catchments, as well as further catchments improvements in the area.

Severn Trent also paid the Environment Agency’s incident response and enforcement costs in full.

Severn Trent Water agreed to take positive action at the site to improve their infrastructure, inspection regime and to raise staff and contractor awareness of pollution prevention and control.

Fines for farmer who dumped waste illegally

Keith Wilson, a farmer in Shropshire, has been fined after he was found to have illegally buried waste dust on his land.

An Environment Agency investigation followed reports that a large pit had been dug and filled with around 2,500m3 of waste dust produced from the production of animal bedding. Had the dust been left to decompose in the pit, it had the potential to have a negative impact on the localised groundwater.

The court heard that Mr Wilson did not hold an environmental permit and the pit was filled without regard to the environmental impact.

Additionally, the area is designated as a Nitrogen Vulnerable Zone (NVZ) indicating that the local environment is particularly vulnerable to excessive organic deposits. Farmers whose land is in a NVZ area must plan the management of organic materials and wastes carefully to avoid pollution.

Breach

Keith Wilson pleaded guilty to a single charge under Regulation 12(1)(a) and Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016

• Regulation 38(1)(a) makes it an offence to breach Regulation 12(1)(a), which prohibits the operational of regulated facilities except under and in accordance with an environmental permit.

Penalty

 Keith Wilson was fined £800 and ordered to pay £6,000 in costs.

Company fined following river pollution

Mold Investments Ltd, owners of Parry’s Quarry in Alltami, Flintshire, have been fined for two pollution incidents.

The incidents in 2017 arose due to environmental permit breaches and affected 5km of the Alltami and Wepre brooks.

It was found that the quarry operator did not have the adequate pollution prevention methods in place, which caused a bank below an outlet pipe to become smothered in a red clay-like material and the water in both brooks to receive this material.

Natural Resources Wales (NRW) sampled the affected water at both incidents. The first, in October 2017, showed almost 600 times the safe limit of solid particles and the second in November 2017 was 17 times over the legal limit.

Both incidents were registered as high-level by NRW and likely to cause serious harm or death to aquatic life. Pollution of this nature is known to bury fish eggs in the stream bed, suppress photosynthesis and damage fish gills resulting in their deaths. 

Penalty

Mold Investments Ltd was fined £32,000 across four charges.