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December 2021
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| Congratulations. There are no changes to the legislation or other requirements in your legal register. |
Recent Publications |
New publications this month: DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS) Standard Assessment Procedure (SAP) This guidance has been updated to reflect the publication of the SAP 10.2 specification, which will be mandatory for the assessment of energy and environmental performance of dwellings from 15 June 2022.
Public sector decarbonisation: guidance developed through the Modern Energy Partners programme Guidance is provided to public sector organisations in decarbonising their operations.
Community benefits and engagement guidance for onshore wind This guidance has been updated.
Radioactive substances: provisional common framework This framework describes how the UK government and devolved governments intend to cooperate on radioactive substances policy.
DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA) Approach to including substances of very high concern (SVHCs) on the UK REACH candidate list This document sets out principles for identifying proposed SVHCs under UK REACH, how proposed SVHCs will be assessed and how these would be included on the UK REACH candidate list. This document also states that four substance groups have been identified by the HSE and Environment Agency as priorities for further assessment:
Guidance is provided on the import of this material.
ENVIRONMENT AGENCY AND DEFRA Bans on F gas in new products and equipment: current and future This guidance has been updated to reflect banned uses of refrigerants in new products now in force.
ENVIRONMENT AGENCY Abstract or impound water: hydrological information This document communicates information the regulator may require when making an application for an abstraction or impounding licence.
Environmental permits for ‘orphan’ waste effluent treatment plants: RPS 33 This regulatory position statement has been extended to 31 December 2024.
Accumulating radioactive waste that you cannot transfer because of COVID-19: RPS C13 This regulatory position statement has been extended to 31 March 2022.
Standard Rules Permits The following standard rules permits were published in December 2021. These provide a simplified permitting process for eligible installations:
Radioactive Substances Regulation How you’ll be regulated: environmental permits for radioactive substances activities Guidance is provided on how radioactive substance permit holders are regulated.
Radioactive substances regulation (RSR): objective and principles The regulator’s 10 regulatory principles applied regarding radioactive substances are stated.
Radioactive Substances Regulation generic developed principles: regulatory assessment These publications state the regulator’s expectations from holders of permits for radioactive substances activities.
NATURAL ENGLAND AND DEFRA New or Updated General Licences All general licences were updated on 1 January 2022. These allow eligible persons to undertake the activity concerned, providing the conditions applied are met.
Class licences for wildlife management All class licences were updated on 1 January 2022. Thee allow registered, eligible persons to undertake the respective activities, provided the associated conditions are met.
WELSH GOVERNMENT Guiding Principles for Developing Water Resources Management Plans (WRMPs) 2022: guidance Guidance is provided on legal obligations, roles and responsibilities of regulators, water companies and customers.
Renewable energy deep dive: recommendations These recommendations were identified as opportunities to significantly scale up renewable energy in Wales.
Building regulations guidance: part B (fire safety) Guidance is provided on legal fire safety requirements in Wales.
This document provides general guidance for anyone proposing to carry out building projects.
SCOTTISH GOVERNMENT AND SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA) River Basin Management Plan for Scotland 2021 - 2027 This plan presents actions and objectives for the third river basin management plan period.
River Basin Management Plan for the Solway Tweed River Basin District 2021 update This plan presents actions and objectives for the third river basin management plan period with respect to the Solway Tweed River Basin District, which extends beyond the border into England.
DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES Updated Approved Documents under the English Building Control regime The following approved documents have been published or were updated during December 2021:
DEPARTMENT OF AGRICULTURE, ENVIRONMENT AND RURAL AFFAIRS (DAERA) RPS on Monitoring emissions from radioactive substances certificate holders to 31 March 2022 This regulatory position statement has been extended until 31 March 2022. |
Offences |
Director fined for abandoning waste site A sole director of a liquidated waste management company has pleaded guilty for breaching conditions of an environmental waste permit. Between October 2016 and November 2017, Environment Agency officers visited the site in Ludlow and it was clear that too much waste was being accepted. Large amounts of waste, including domestic and commercial waste was being stored on the ground, outside of buildings and not in containers. Storage practices were in breach of permit conditions. Several reports were issued to LMS Skips Limited, notifying them of permit breaches. Unbeknown to the Environment Agency, Mr Wells had abandoned the site on 11 September 2017. It subsequently became a fly tipping hotspot. Neighbouring units suffered with pest issues due to the volumes of waste. Penalty The director was fined a total of £1,272 (£636 per charge), ordered to pay a victim surcharge of £127 and a contribution to prosecution costs of £500 Breaches LMS Skips Limited was charged for breaching three permit conditions, contrary to Regulation 12 and Regulation 38 of the Environmental Permitting (England & Wales) Regulations 2016. Regulation 41 was also contravened.
Directors of waste company prosecuted regarding permit breaches at two waste sites A father and two sons have been prosecuted for breaching environmental permit conditions at two waste sites in Leigh and Bolton. The Bolton site was investigated over a period from 28 June 2014 to 27 February 2016 (Chadwick’s ceased trading in 2016) as it was not operated to minimise risk of pollution. The site also exceeded maximum waste height limits. An investigation found that waste stored had increased in height to 5m. The volume of waste present was preventing it being processed efficiently and preventing vehicles from moving around safely. Other pollution risks identified concerned were fires and odour. There were a total of 172 odour reports from 2014 to when the Bolton site closed. Eight fires were reported between 2006-2013 and on inspection with Greater Manchester Fire and Rescue Service it was clear fire risks were not managed in accordance with fire prevention plans. The fundamental problem with both sites, which resulted in the prosecution, was they consistently brought more waste on than was removed, apparently for financial reasons. SC Chadwicks and Sons Ltd abandoned the Bolton site, leaving Bolton Council to clear it at an estimated cost of £2.7 million. Charges Two of the men pleaded guilty to three charges: one for the permit breaches over time at the Bolton site and an identical one for the Leigh site and a failure to comply with an enforcement notice at the Leigh site. The other man pleaded guilty to the charges related to the Leigh site. Penalties Two of the men were each given a 10 month sentence suspended for 18 months as well as two 14 week sentences each suspended for 18 months. The other man was given two 14 week sentences suspended for 18 months.
Cheese supplier fined for watercourse pollution Alvis Brothers Ltd has been sentenced in connection with pollution offences from their Lye Cross Farm facility in 2019. The company has had a long history of environmental offending, with previous formal caution and warning letters from the Environment Agency. Lye Cross Farm supplies cheese to major supermarkets including Waitrose, Marks and Spencer and Sainsbury, and exports to more than 40 countries around the world. On 28 June 2019 Environment Agency officer attended Lye Cross Farm following a report of slurry pollution to a tributary of the Congresbury Yeo near Cheddar. The source of the pollution was traced to run off from a heap of farmyard manure at the farm. The run-off had entered a surface water drain that led to the stream and more than half a kilometre was polluted. Alvis Brothers Ltd had built a basic bund to contain the run-off. However, when the environment officers visited, the effluent was leaking from the bund, contaminating the watercourse. Assessments by the Environment Agency the following week found a chronic impact on the aquatic invertebrates living downstream of the farm, while sensitive species, indicating a good water quality, were only found upstream. Breaches Alvis Brothers Ltd plead guilty to breaching Regulation 12 and Regulation 38 of the Environmental Permitting (England & Wales) Regulations 2016:
Penalties Alvis Brothers Ltd was fined £27,000 with costs of £8,003.02 and a victim surcharge of £181.00. |