R. (oao Cleansing Service Group Ltd) v. Environment Agency

[2019] Env LR 24

The Court of Appeal decided that the screening of sludge from septic tanks to remove debris whilst the sludge was being transferred into storage tanks before use as agricultural fertiliser, amounted to ‘treatment’ and therefore did not fall within the relevant exemption under the Environmental Permitting Regulations 2016 relating to the storage of sludge.  The Court of Appeal also provided assistance as to the meaning of ‘storage’ and the relevance of Art.13, Waste Framework Directive: even if an activity fell within the terms of an exemption, the exemption would only apply if the type and quantity of waste submitted to the operation and the method of recovery were consistent with the objectives of Art.13.