The following Energy practice note provides comprehensive and up to date legal information covering:
All waste facilities, including energy from waste (EfW) incinerators, are regulated to prevent or minimise any risks to the environment or health. There is an extensive range of regulations and directives which control how and where EfW plants can be used.
Local authorities regulate most small (less than one tonne/hour waste) incinerators. The Environment Agency (EA) regulates all incinerators that burn hazardous waste as well as other incinerators that burn non-hazardous waste at a rate of more than one tonne per hour. The EA also regulates all EfW plants burning municipal waste to make sure that the emissions are as low as possible to protect the environment and human health. For more information on the technologies to convert waste to energy, see Practice Note: Waste to energy—technologies.
The EA is responsible for:
assessing and consulting on applications for environmental permits
ensuring that the standards used in designing, maintaining and operating EfW plants meet European standards
requiring emission monitoring to measure concentrations of pollutants such as sulphur dioxide, oxides of nitrogen, hydrogen chloride, and carbon monoxide
carrying out on-site auditing of operator monitoring
carrying out regular site inspections
requiring operators to inform the EA within 24 hours if any of the emission limits set out in the environmental permit are exceeded, or if any of the operating conditions are
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On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
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