Waste Crime (UK – E&W)

DEFRA is conducting a consultation on proposals to tackle crime and poor performance in the waste sector, and introduce a new fixed penalty for the householder waste duty of care. The consultation closes on 26th March 2018, and applies to England and Wales. The consultation document is here.

One part of this consultation proposes changes to the waste exemption regime (set out in Schedule 3 of the Environmental Permitting (England and Wales) Regulations 2016 (as amended)).

Waste exemptions are exemptions from the need for an environmental permit for waste recovery and disposal operations. Since exemptions were first introduced in 1994, the government has made extensive use of them (within the EU rules) to provide a light-touch form of regulation for small-scale, low risk waste management activities.

In England and Wales, there are 59 types of exempt waste operations available for the use (U), treatment (T), storage (S) and disposal (D) of waste. Similar provisions exist in Scotland and Northern Ireland (but note the exact exemptions are different).

Apart from exemption T11 for the treatment of waste electrical and electronic equipment (WEEE), it is free to register one or more exemptions at a site. The registration is valid for three years and then automatically expires, and can be re-registered or “renewed” for another three years. Each exemption has conditions setting out the types and quantities of waste that can be managed. The conditions also set out what treatments can be carried out, how the waste must be stored, and which environmental protection measures must be complied with.

Registering an exemption is not the same as applying for and receiving an environmental permit. A permit amounts to “permission” from the regulators to carry a set of particular activities. In contrast, by registering an exemption, the establishment or undertaking is self- certifying that they have read and understood the conditions of the exempt activity and will comply with them. At the point of registration, the regulators do not assess whether the criteria defined in the exemption are met.

The proposals set out for consultation focus on four areas: (pages 40 to 67 of the consultant document)

1. Prohibiting the use of waste exemptions in specified circumstances;

2. Making changes to the ten waste exemptions identified as being associated with the greatest levels of non-compliance and illegality;

3. Requiring additional information to support effective regulation of the regime;

4. Improving the process to register or continue an exemption.

Use the resources set out here to respond to this consultation.

Subscribers (England and Wales) to Cardinal Environment EHS Legislation Registers & Checklists will receive an Email Alert when the EPR changes.

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