Legal Updates
The Environment Agency has provided these low risk waste positions (LRWPs) for waste operations that it considers may be suitable for an exemption.
Storing woodchip from untreated wood packaging and using it to make pellets: LRWP 17
Conditions you must comply with
You must only:
- store or treat up to 500 tonnes of woodchip over any 7 day period
- store any waste for up to 3 months after treatment
- You must not exceed the limits in waste exemption T6 for storing or treating if you have a T6 exemption registered.
Drying paper manufacturing waste to make animal bedding: LRWP 62
This low risk waste position (LRWP) applies if you dry waste from paper manufacturing to make animal bedding.
If you follow the conditions in this LRWP you can dry paper manufacturing waste to make animal bedding without an environmental permit for a waste operation. You can use this bedding under Waste exemption U8: using waste for a specified purpose.
Conditions you must comply with
You must only:
- treat waste by drying to make animal bedding
- treat List of Waste codes 03 03 05, 03 03 10 and 03 03 11 (limited to paper fibre, de-inked paper pulp and de-inked paper sludge from paper manufacturing)
- store up to 300 tonnes of wet waste and 150 tonnes of dry waste at any one time
- treat up to 7,500 tonnes in any 12 month period
Burning waste as fuel in a small appliance: LRWP 64
This low risk waste position (LRWP) applies if you burn waste coffee grounds (List of Waste code 20 01 08) and particle board, excluding facings, (List of Waste code 03 01 05) as fuel in a small appliance.
If you follow the conditions in this LRWP you can carry out this activity without an environmental permit for a waste operation.
Conditions you must comply with
This LRWP allows you to burn waste coffee grounds and visibly clean particle board (excluding facings) by themselves, or in addition to the waste types and codes listed in the U4 waste exemption: burning waste as fuel in a small appliance.
You must register and comply with all the other conditions in the U4 waste exemption: burning waste as fuel in a small appliance.
Using waste wood from construction to manufacture finished goods under a U9 exemption: LRWP 73
If you follow the conditions in this low risk waste position (LRWP), you can use waste wood from construction, in addition to other waste wood codes allowed under the U9 waste exemption.
Conditions you must comply with
You must:
- register a U9 waste exemption
- use waste wood from construction assessed and coded as 17 02 01 under the List of Waste Regulations
- operate in accordance with the U9 waste exemption
Burning dunnage packing material: LRWP 74
This low risk waste position (LRWP) allows you to burn dunnage packing material (plant tissue and wood used to support cargo) under a Plant Health Notice at the place where the goods are delivered.
If you follow the conditions in this LRWP you can burn dunnage without an environmental permit for a waste operation.
Conditions you must comply with
You can only burn dunnage using these List of Waste codes:
- 02 01 03, 02 01 07, 02 03 04 and 20 02 01 (plant tissue)
- 15 01 03 and 20 01 38 (wood used to support cargo including packing material, spacers and pallets)
You must:
- make sure you are authorised to burn dunnage under a Plant Health Notice
- only store or burn up to 10 tonnes of dunnage over any 24 hour period
- store the dunnage securely before you burn it
- burn the dunnage as soon as practicable after you’ve removed the product from its packaging
- keep records for 6 months to show you have complied with this LRWP – you must make these records available to the Environment Agency on request
Storing, treating and sterilising waste coir: LRWP 83
This low risk waste position (LRWP) applies if you store waste coir (List of Waste code 02 01 03) and treat it by screening, shredding, cutting or sorting and heat sterilisation.
If you follow the conditions in this LRWP you can carry out these activities without an environmental permit for a waste operation.
Conditions you must comply with
You must not:
- store or treat more than 100 tonnes of waste coir at any one time
- store the waste where it is treated for more than 3 months before or after treatment
You must:
- remove all leaves from the waste coir before you treat it
- allow 4 weeks after you use any chemicals on the waste before you carry out any treatment
- store the waste on an impermeable surface
- treat the waste within a building
For all of the above LRWPs you must also make sure your activities do not endanger human health or the environment. You must not:
- cause a risk to water, air, soil, plants or animals
- cause a nuisance through noise or odours
- adversely affect the countryside or places of special interest
Further information about LRWP.
Source: Legislation.gov.uk, 12th May 2021
Articles of Interest
What is Medium Combustion Plant?
The Medium Combustion Plant Directive (MCPD) has expanded the requirements for Environmental Permits to include smaller sizes of plant which weren’t previously covered by environmental legislation. Now including new and existing plants over 1MWth input the updated permitting requirements are still being overlooked by many businesses across the UK, potentially putting them at risk of prosecution by the regulators. See more about what this directive involves in the below video.
National Hard Hat Recycling Scheme
Every year, the UK throws away several million end-of-life hard hats. These are normally just thrown into general (plastic) waste where, because of the way recycling systems work, the chances of them actually being recycled back in to new plastics is minimal. The National Hard Hat Recycling Scheme aims to change that by diverting hard hats into a dedicated waste processing facility, thereby ensuring all hat waste is fully recycled.
The scheme is a membership scheme, whereby registered members can send their hard hats directly into a dedicated hard hat recycling facility where they will be destroyed, with all of the plastic being fully recovered and made back into “new” plastic pellets. These pellets are then sent back in to UK manufacturing as a raw material. In this way, all hard hats are fully recycled right here in the UK. So members can rest assured that their waste plastic materials are being fully recovered, responsibly, and won’t be ending up being dumped, whether home or overseas, to be left as an environmental hazard.
Further information about the scheme.
Fines and Prosecutions
A criminal investigation has begun into a serious case of pollution in the River Ouseburn in Newcastle.
The Environment Agency (EA) has been trying to discover why parts of the river at Jesmond Dene have been covered in a mysterious white foam since April. The source of the unknown substance has since been “isolated” and pipes are being cleaned to remove it.
The Environment Agency previously said it was “highly likely” the pollutant had entered the river through the surface water drainage system – designed for rainwater run-off.
The source of the unknown substance has since been “isolated” and pipes are being cleaned to remove it.
An E A confirmed there was “an ongoing criminal investigation into the pollution incident”. Fines could be imposed if there is a successful prosecution.
More information.
Source: https://www.bbc.co.uk
Note: It doesn’t take much to pollute a watercourse. Half a teaspoon of soil in a bath would be comparable to water quality that could kill fish and smother plants. The liquid or solid also doesn’t need to be hazardous to humans to cause pollution to a watercourse. Sediment, soil, beer, milk and cream can cause a massive pollution incident.
It is important to ensure that if a business wishes to discharge wastewater from their site to controlled waters that an environmental permit is obtained from the Environment Agency. A permit allows a business to carry out various activities and states what restrictions there are to minimise damage to the environment and human health. When the regulatory bodies grant an environmental permit, they are allowing that business or person to carry out an activity with certain conditions. The permit gives clear instructions on how the environment must be protected from said activity.
Online learning and events
Medium Combustion Plant Directive – Are you prepared? Webinar
Hosted by Constructing Excellence in the North East and Environmental Monitoring Solutions
24th June , 2021 12:00 PM – 1:00 PM BST
This webinar will outline the basic requirements of the MCPD in order to help you understand if your business needs to be concerned and what to do if your plant or equipment does fall into the MCPD requirements.
Martin Binnie Senior Environmental Consultant from Environmental Monitoring Solutions will be delivering the webinar and answering questions such as:
- What is the Medium Combustion Plant Directive?
- What is a Combustion Plant?
- Do I need a permit?
- What are the Emissions Limit Values?
- How long do I have to ensure compliance?
Register for the webinar
Caron Offsetting Webinar – EA Session
11th June 2021 14:00 – 15:30
The Environment Agency has an ambitious target to achieve net zero carbon emissions by 2030, this will involve reducing our carbon emissions by 45% and offsetting the remaining residual emissions.
As offsetting is new to the EA, they have undertaken a research project to help compile an evidence base to shape the development of their corporate carbon offsetting strategy . This literature review has looked in detail at the evidence behind 17 different carbon offset approaches.
Register for the webinar
