An application for judicial review against the Environment Agency was refused in February.
Cleansing Service Group Ltd applied for judicial review on policy guidance by the Environment Agency, which set out its interpretation of an exemption in the Environmental Permitting (England and Wales) Regulations SI 2016/1154, relating to the storage of sludge.
The Company's business included the removal of sludge from customer's septic tanks, which were transported to farms and transferred into storage tanks before being used as agricultural fertiliser. The tanks were fitted with grids, which allowed any debris in the sludge to be separated out. The debris was collected in a skip and removed to a permitted or exempt facility for disposal.
Agricultural use of sludge was governed by Directive 86/278/EEC, on sewage sludge used in agriculture, and the Sludge (Use in Agriculture) Regulations SI 1989/1263. Under the 2016 Permitting Regulations, storage of residual sludge was an operation that was exempt from the requirement to hold an environmental permit. However the Environment Agency issued guidance that the screening of sludge to remove debris amounted to treatment which required a permit.
The Company applied for judicial review of that guidance but permission was refused, the Judge decided it was not arguable that the screening of debris from sludge prior to storage was an activity that fell within the exemption. It was concluded that it amounted to treatment of the waste which needed to take place before the operation which fell within the exemption, and that there was no basis on which the screening could be excluded from the regulatory requirements. The Company appealed and was granted permission to apply for judicial review.
Following the application for judicial review, the Judge confirmed that "sludge" means "sludge" and "storage" means "storage", it does not include any form of treatment. It was concluded that the screening process carried out by the company to remove debris was unquestionably a form of treatment.
"The sludge collected from the septic tank owners is plainly different from the sludge stored on the farmers' land. In order to come within the exemption, sludge stored on the farmers' land must be in a condition fit for use on the land. It is unlikely that sludge collected from the septic tank owners will be fit for use on the land because of the debris that is regrettably deposited in the septic tanks. I do not agree that it is illogical that the operator who collects the sludge from a number of septic tanks and is required to remove debris from the sludge to put it into a condition fit for use on the farmers' land should be subject to regulation".
The application was refused.
