Fortnightly Bulletin – 7th October 2024
8 October 2024
Guidance
RPS312: Storing and treating uPVC plastic and rubber
This Regulatory Position Statement (RPS) applies to the storage and treatment of mixed unplasticised Polyvinyl Chloride (uPVC) plastic and rubber produced by prior mechanical treatment of uPVC windows and doors.
You must:
- only treat the waste by optical sorting or density separation (or both) for recovery,
- only accept waste which has already been treated at another suitably authorised facility,
- store and treat the mixed uPVC plastic and rubber waste within a secure building with impermeable surfacing – you must take all reasonable precautions to prevent waste escaping and make sure members of the public cannot access it,
- keep records for two years from the date of the last use of the RPS to show that you have complied with this RPS and make these records available to the Environment Agency (EA) on request.
You must not:
- store more than 200 tonnes of mixed and sorted waste uPVC plastic and rubber from windows and doors at any one time,
- store the waste where it is treated for more than three months before or after treatment,
- store the waste in piles greater than 100 cubic metres.
This RPS does not change your legal requirement to have an environmental permit for a waste operation. However, the EA will not normally take enforcement action against you 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.
The EA will review this RPS by 31 July 2027. The EA can withdraw or amend this regulatory position before the review date if they consider it necessary.
Source: Gov.uk
For the full guidance, click here.
Low risk waste positions: furniture and household items
The EA provides Low Risk Waste Positions (LRWPs) for waste operations that it considers may be suitable for an exemption.
LRWP 86 has been withdrawn and been replaced with RPS312: Storing and treating uPVC plastic and rubber.
Standard Rules (SR) 2023 No 1: capture, treatment and storage of biogas from lagoons and tanks.
This permit allows a named operator to capture, treat and store biogas from lagoons and tanks providing they can meet the rules.
It does not allow combustion of biogas or biomethane in a spark engine for the generation of heat and power.
There are no permitted discharges to surface water.
The charges for applying for this standard rules permit are:
- £3,926 for a new standard rules permit application
- £1,178 for a minor variation to the permit
- £2,529 to transfer the permit
- £2,356 to surrender the permit.
There is also an annual subsistence charge of £2,875 for the standard rules permit.
You cannot apply for this permit online yet.
You can get advice before you apply for a permit.
How to apply for an environmental permit.
Source: Gov.uk
For the full guidance, click here.
RPS 314: Accepting metal shredder residues and post shredder treatment residues at landfills
This RPS applies to accepting Metal Shredder Residues (MSR) and Post Shredder Treatment Residues (PSTR) for disposal at landfill for non-hazardous waste.
To use this RPS, you must:
- tell the Environment Agency before you use this RPS email landfill.depositrecovery@environment-agency.gov.uk and include:
- your site address,
- your permit number,
- ‘RPS 314 – MSR and PSTR’ in the subject,
- keep records for three years to show that you have complied with this RPS and make these records available to the Environment Agency on request,
- record the landfill cell location of the waste deposit – see guidance on how to consign hazardous waste.
- You must not accept any MSR coded as 19 10 04 or 19 10 06 (or both), or PSTR coded as 19 12 12 for disposal unless there is evidence that it is non-hazardous waste through sampling and characterisation in line with technical guidance WM3.
This RPS does not change your legal requirement to comply with an environmental permit for a landfill when you accept hazardous metal shredder residues and hazardous post shredder treatment residues for disposal.. However, the EA will not normally take enforcement action against you 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.
The EA will review this RPS by 31 March 2026. 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.
RPS 302: Low risk impounding activities
This RPS applies to the following low risk impounding activities:
- Maintenance works
- Flood prevention measures
- Temporary works
- Works to an existing reservoir dam
- Construction of notches
- Habitat enhancement
- Removal of small weirs and structures
- Installation of small measurement structures
- Moorland or peatland re-wetting and natural flood management
- Construction of fish easements and fish passes, including those for elver and eel.
This RPS describes each activity and gives the specific conditions for each. If an activity does not fall under a relevant description, the EA will not consider it a low risk impounding activity.
This RPS does not change your legal requirement to have and comply with an impounding licence when you either:
- construct or change any impounding works on any watercourse,
- cause the flow of any watercourse, including some lakes, reservoirs and ponds, to be obstructed by impounding works.
However, the EA will not normally take enforcement action against you 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.
The EA will review this RPS by 1 April 2026. 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.
RPS231: Using waste codes for sludge materials
This RPS applies to some exemptions and permits for the treatment, storage, and landspreading of certain waste types not covered under them. The exemptions and permits this RPS applies to are:
- T21 waste exemption: recover waste at a waste water treatment works.
- S3 waste exemption: storing sludge.
- Standard Rules (SR)2010 No17: storage of waste to be used in land treatment.
- SR2010 No5: mobile plant for the reclamation, restoration, or land improvement.
- SR2010 No6: mobile plant for landspreading of sewerage sludge.
If you operate under a bespoke permit, this RPS cannot be used.
For full conditions you need to comply with in order to use this RPS and the waste codes you can use please click on the link below.
This RPS does not change your legal requirement to comply with an environmental permit for a waste operation or a relevant waste exemption when you treat, store or spread sewage sludge and septic tank sludge to land. However, the EA will not normally take enforcement action against you 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.
The EA will review this RPS by 30 September 2026. 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.
When Electrical and Electronic Equipment (EEE) becomes Waste (WEEE)
This guidance is to help the following groups decide when they are dealing with EEE and when they are dealing with WEEE:
- Approved Authorised Treatment Facilities (AATFs),
- Designated collection facilities,
- Producer compliance schemes,
- Organisations involved in preparing used EEE for reuse,
- Organisations with EEE they no longer need,
- Waste carriers.
EEE and WEEE are defined in the ‘Waste Electrical and Electronic Equipment Regulations 2013’.
EEE means equipment which is dependent on electric currents or electromagnetic fields to work properly. EEE also means equipment for the generation, transfer and measurement of such currents and fields, designed for use with a voltage rating not exceeding:
- 1,000 volts for alternating current
- 1,500 volts for direct current.
WEEE means electrical or electronic equipment which is ‘waste’ within the meaning of ‘Article 3(1)’ of the ‘Waste Framework Directive’ as read with Articles 5 (by-products) and 6 (end of waste) of that Directive. Therefore, any EEE which the holder discards, intends to discard, or is required to discard, is ‘waste’. This includes all components, subassemblies, and consumables which are part of the item at the time it is discarded.
Source: Gov.uk
For the full guidance, click here.
Derogations from animal by-product controls under Regulation (EC) 1069/2009 and Commission Regulation (EU) 142/2011
This EU Regulation 1069/2009 and Commission Regulation 142/2011 set down controls on the safe use and disposal of animal by-products to safeguard public and animal health but allow exemptions in some circumstances.
The derogation document shows authorisation tables and which exemptions may be used in England and any conditions that you need to follow.
Source: Gov.uk
For the full derogation document, click here.
Monitoring ambient air
The EA has provided updated guidance for monitoring ambient air. Click on each title below for further information.
- Particulate matter
- Quality control and quality assurance
- Monitoring strategy
- Choosing a monitoring technique and method
Source: Gov.uk
Articles of Interest
Diageo trials paper-based bottle for Johnnie Walker Black Label
Diageo will trial a new 90% paper-based bottle for its Johnnie Walker Black Label brand in Edinburgh from the last week in September until mid-October.
The trial, taking place at the 1820 bar, will use 250 paper-based bottles with a 70cl capacity to examine how bartenders handle the bottles and their functionality in a bar environment.
The trial bottles are constructed from 90% paper with a thin plastic liner. The bottle’s closure uses a combination of cork and dry moulded fibre technology.
The design allows for recyclability, with the plastic liner not bonded to the outer paper layer to facilitate easier separation in recycling facilities. However, the stopper used in this trial is not recyclable, with alternative solutions still in development.
Initial third-party analysis suggests that this prototype could reduce carbon emissions by up to 47% compared to the equivalent glass bottle of Johnnie Walker Black Label.
Source: edie
For the full article, click here
Enforcement action
Derbyshire man pays £13,511 for obstructing EA officers
The EA has successfully prosecuted a man for obstructing officers in the course of their duty at a site in Derbyshire. The man was fined £2,239 for obstruction and victim surcharge, and ordered to pay costs of £11,272.
The man refused to permit excavators which were present at the site to scrape back top layers of soil to examine what had been deposited beneath. The man also refused to provide waste transfer notes relating to waste which had been brought onto site when requested by an EA officer.
On a second visit to the site to conduct a follow up inspection, the EA officers visited a neighbouring site owned by the man. Again, the man refused to provide waste transfer notes or delivery tickets relating to piles of sand containing shredded tyre rubber which were present.
During both visits the man was extremely abusive and hostile towards the EA officers. On the second visit, this behaviour was captured on body worn video, which was played in court.
Source: Gov.UK
For the full article, click here
Events
IEMA Connect 2024
15th and 16th October 2024 – online conference
Over two days, 36 insightful sessions led by 63 expert speakers across various industries are designed to level up your knowledge, get inspired, and forge connections that transcend sectors and geographies.
Source: IEMA
