Fortnightly Bulletin – 27th January 2025

Guidance

Medium combustion plant: apply for an environmental permit

The Environment Agency (EA) is testing a new online service for medium combustion plant and specified generator permit applications in England.

The service is currently open to applications in England for the following activities:

• metal recycling – car and vehicle dismantling,
• metal recycling – mixed metals, including Waste Electrical and Electronic Equipment (WEEE),
• stationary medium combustion plant and specified generators,
• storage or treatment of waste wood,
• treatment of waste to produce soil, soil substitutes, and aggregate,
• use of waste to manufacture timber or construction products,
• WEEE treatment only.

Source: GOV.UK

For the full guidance, click here.

Treating solid waste from composting toilets: RPS 318

This Regulatory Position Statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when you treat waste from portable toilets.

However, the EA will not normally take enforcement action if you do not comply with these legal requirements provided that your activity meets the description set out in this RPS, and you comply with the conditions set out in this RPS.

In addition, your activity must not cause (or be likely to cause) pollution of the environment, or harm to human health and 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. 

This RPS applies to operators who treat solid waste from portable composting toilets at the depot when the toilets were hired.

You must:

• only compost solid wastes from composting toilets at the depot where the toilets were hired,
• only compost solid waste from the composting toilets with a contained leakproof system which separates urine, solids and sanitary waste,
• only compost solid waste that has been mixed with sawdust or shavings from virgin wood while the composting toilet was being used,
• compost solids in a secure, leakproof container at a minimum temperature of 70^oC for one hour or 60^oC for 48hours. The resulting compost must be stable and sanitised so it can be used for soil conditioner or fertiliser,
• only store and compost up to 10 tonnes of solid waste at any one time,
• only store up to 1.5 cubic metres of sanitary and other contaminants at any one time,
• store all sanitary and other contaminants in sealed leakproof containers, and only for up to five working days to be sent on for appropriate treatment,
• keep records for two years to show that you have complied with this RPS and make these records available to the EA on request.

This RPS relates to an activity that the EA consider is potentially suitable to be an exemption under the Environmental Permitting (England and Wales) Regulations 2016.

The EA intends to review this RPS by 13 January 2028.

Source: GOV.UK

For the full guidance, click here.

Storing and treating filter bed media: RPS 322

The RPS does not change your legal requirement to have an environmental permit for a waste operation when you treat waste filter bed media at water and waste water treatment works. 

However, the EA will not normally take enforcement action if you do not comply with this legal requirement provided that:

• your activity meets the description set out in this RPS,
• you comply with the conditions set out in this RPS.

In addition, your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and 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.

This RPS applies to operators who treat solid waste from waste filter bed media at water and waste water treatment works.

You must only store and treat the following waste filter bed media from water and waste water treatment works:

• waste stone and shingle filter bed media (waste code 17 05 04),
• waste sand filter bed media (waste code 01 04 09),
• blast furnace slag filter bed media (waste code 10 02 01),
• mixed stone and blast furnace slag filter bed media (waste codes 17 05 04 and 10 02 01),
• ceramic filter bed media from waste water treatment works (waste code 17 01 03),
• plastic filter bed media from waste water treatment works (waste code 17 02 03).

You must code the waste under the waste code 19 08 05 if the waste is contaminated by biofilm, sludge or sewage. If you have effectively removed all the biofilm, sludge and sewage you do not need to code the waste under the waste code 19 08 05.

The EA will review this RPS by 13 January 2028 and the EA can withdraw or amend this RPS before the review date if they consider it necessary.

Source: GOV.UK

For the full guidance, click here.

Using final effluent from sewage treatment works to fill empty petrol tanks: RPS 320

This RPS does not change your legal requirement to have an environmental permit for a waste operation when you use final effluent from sewage treatment works to fill empty petrol tanks to prevent the build up of vapour and explosion during renovation, improvement or construction works at petrol stations.

However, the EA will not normally take enforcement action if you do not comply with this legal requirement if you meet the requirements in the RPS, provided that:

• your activity meets the description set out in this RPS,
• you comply with the conditions set out in this RPS.

In addition, your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and 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.

You must:

• transfer the final effluent from the petrol tank to an authorised, permitted site after use,
• only use petrol tanks which are known to be secure and leak proof.

The EA will review this RPS by 22 January 2028 and the EA can withdraw or amend this RPS before the review date if they consider it necessary.

Source: GOV.UK

For the full guidance, click here.

Low Risk Waste Positions (LRWPs)

Dewatering and cleaning grit washings from sewage treatment works: LRWP 3

This LRWP applies if you dewater and clean grit washings from sewage treatment works for construction and maintenance works on sites owned or occupied by the sewage undertaker.

If you follow the conditions in the LRWP you can carry out this activity without an environmental permit for a waste operation.

You must only:

• dewater grit washings within the curtilage of a sewage works,
• dewater grit washings from sewage treatment works on an impermeable surface with sealed drainage,
• clean grit washings from sewage treatment works if they are to be used in construction and maintenance works on sites owned by the sewage undertaker.

Your activity must not endanger human health or the environment, and 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

A LRWP means that the EA will not normally take enforcement action against you, provided:

• your activity meets the description set out in the LRWP,
• you comply with the conditions set out in the LRWP,
• your activities do not, and is not likely to cause environmental pollution or harm human health.

Source: GOV.UK

For the link to the low risk position, click here.

Washing used sand-based animal bedding for reuse and spreading the resultant waste water on land: LRWP 21

This LRWP applies if you wash used sand-based animal bedding for the purposes of reuse and spread the resultant wash waters on land for irrigation.

If you follow the conditions in the LRWP you can carry out this activity without an environmental permit for a waste operation.

You must:

• treat the animal bedding by washing,
• wash up to five tonnes of used sand-based animal bedding a day,
• wash the animal bedding at the place it was produced,
• spread the wash waters on land for irrigation at the place it was produced.

Your activities must not endanger human health or the environment.

Source: GOV.UK

For the low risk waste position, click here.

Low risk waste positions for effluent and sludge that have been removed

Low risk waste position: LRWP 75 removed

This LRWP was withdrawn on 14 January 2025 and replaced by RPS 322.

Source: GOV.UK

For the full guidance, click here

Low risk waste position: LRWP 90 removed

This LRWP was withdrawn on 14 January 2025 and replaced by RPS 318.

Source: GOV.UK

For the full guidance, click here

Low risk waste position: LRWP 19 removed

This LRWP was withdrawn on 22 January 2025 and replaced by RPS 320.

Source: GOV.UK

For the full guidance, click here.

Articles of Interest

PackUK: The new scheme administrator for Packaging Extended Producer Responsibility

PackUK, the new scheme administrator for Packaging Extended Producer Responsibility, was formally launched on 21 January 2025. PackUK will implement the United Kingdom’s (UK) new Extended Producer Responsibility for packaging (pEPR) programme.

The scheme administrator will shift the cost of managing household packaging waste from taxpayers and local authorities to those business who use and supply the packaging, applying the polluter pays principle. This will boost investment into local recycling services.

The packaging reforms will stimulate an estimated £10 billion investment in recycling services across the UK over the next 10 years, and in England alone, support up to 21,000 new jobs, alongside simpler recycling in England and the deposit return scheme for drinks containers.

PackUK will set pEPR’s fees, raise these fees from obligated producers and make packaging waste disposal payments to local authorities in return for the delivery of efficient and effective collection and recycling services.

PackUK will also be responsible for communications with the public and information campaigns to encourage citizens to dispose of packaging waste correctly and not litter with their packaging.

Source: GOV.UK

For the full article, click here.

Enforcement Action

Company blames sacked employee for pollution

An Adblue manufacturer was fined £3,600 after pollution from its Weston-Super-Mare site killed 345 fish.  A former employee was blamed for the incident.

The company was fined after admitting the charge relating to the pollution incident which occurred in April 2023. The company was also ordered to pay costs and a victim surcharge totalling £5,119,18.

A case was brought by the EA at the Exeter magistrate court. EA officers went to Silver Moor Lane, after a member of staff reported seeing dead fish in the River Banwell. Tests showed high levels of ammonia and the dark colour of water in a rhyne, entering the river and staining of riverbed vegetation, showed the pollution had been entering the water for some time.

More dead fish was seen downstream and after following the rhyne, the EA officers found a pipe discharging a clear liquid directly into the watercourse. Tests showed very high levels of ammonia and calcification in the pipe, indicating the liquid had been discharging over a considerable period.

The pipe was traced back to a company which produces Adblue, a urea-based fuel additive.

The EA’s investigation found 345 dead fish with environmental damage stretching over a two kilometre length of the watercourse.

During an interview later, the company directors accepted responsibility but maintained the pollution had been caused by a sacked former employee that had been seen pouring liquid down a drain, which was not company policy. However, the EA showed that the pollution continued for two months after the alleged sacking.

The company was found to have caused an unpermitted water discharge activity, namely the discharge of poisonous, noxious or polluting matter on  and before the 24 April 2024 into inland fresh wasters, contrary to Regulation 12(1)(b) and Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016.

Following the incident, the company took further remedial action, including diverting site drains to a newly built sump and providing staff training.

Source: GOV.UK

For the full article, click here.

Events

Environmental Legal Compliance Support Service

As legislation surrounding environmental management becomes more complex, our team of environmental experts at EMS Ltd can give you peace of mind that your environmental legal responsibilities are met.

• Quarterly report, emailed to nominated personnel, containing information on new and amended legislation, as well as news, guidance, consultations, case law, prosecutions, and expert commentary.
• Set number of hours of consultancy support delivered in various formats – email, phone, site visit, etc.
• Snapshot environmental audit to review site operations against legal requirements and an associated compliance action plan.
• Quarterly legal register updates on new, amended, or revoked legislation which will be made available in easily digestible summaries with explicit commentary on how to maintain compliance.
• Discounts on accredited and non-accredited environmental training courses provided by our practicing environmental consultants.

EMS Ltd’s subscription service is available in three different formats: bronze, silver, and gold. However, if your business’ requirements do not perfectly align with one of our packages, we can amend the package to meet the needs of your business.

Environmental legal registers updates produced by our environmental consultants will include a summary of all regulatory requirements and guidance documents, remarks on the requirements placed on your business, the associated regulator and a summary of control measures that are in place to ensure compliance. The legal register will include regulatory categories such as waste management, energy management, statutory nuisance, and hazardous substances.

Contact EMS Ltd for our subscription service.

Source: EMS Ltd

For further details, click here

Packaging Innovations Exhibition, Birmingham

12^th and 13^th February 2025 at the NEC Birmingham

To mark the launch of PackUK, they will be at the Packaging Innovations Exhibition in Birmingham.

This event will feature expert speakers and industry figures sharing key knowledge, breakout sessions and opportunities to engage directly with the PackUK team.  

Source: GOV.UK

For further details, click here.