It has been heavily documented that the current system of registration for waste carriers, brokers and dealers (CBD) makes it hard for regulators to target high-risk waste operators properly.
That ‘Enforcement’ options are limited, and the Environment Agency can only refuse or revoke registrations if set criteria are met. It also does not differentiate between small and large players, or the risks posed by the types and quantities of waste handled or managed by them.
As a result, CBD compliance and enforcement work has become reactive rather than proactive, and often only occurs following enforcement activity for other reasons.
It has now been 2 years since the policy was issued – is a solution almost in sight?
Some of the bullet points covered within the full policy for which a link is provided below.
Transporters
Transporters are those who are instructed by a controller to move waste between locations without input on the end destination and classification.
Controllers
Controllers are those who: 1) organise waste collection, its transportation or end destination 2) make arrangements for its assessment and ensure it has been classified 3) arrange the recovery or disposal of waste on behalf of others 4) buy or sell waste.
Controller-transporters
Controller-transporters are those who act as a controller but also transport the waste.
The move to environmental permitting
We will replace existing registrations with a ‘standard rules’ environmental permit or a registered exemption.
There will be 3 permit types: 1)waste controller only;2) waste transporter only; a combined waste controller-transporter permit
Smaller businesses
The concerns about impact on smaller businesses and this tiered approach will ensure that those carrying large amounts of the most at-risk waste types will be distinctly identified and charged accordingly.
Requirements for waste producers
Waste producers must ensure their waste is correctly classified and managed throughout its journey to meet Duty of Care requirements. They do not need a permit or exemption as long as the waste is transferred to a permitted waste site, a permitted waste controller or controller‑transporter, or an operator with a waste‑controller permit who manages arrangements on their behalf.
Local authorities
Local authorities carrying out their statutory duty to collect household waste will be able to operate under a non-registered exemption.
Local authorities operating services collecting commercial and industrial waste will be required to apply for a permit, to ensure a level playing field with the commercial waste sector.
Charities
Charities and voluntary groups will be required to register an exemption when transporting or controlling non-saleable stock. This will give the Environment Agency access to information on these waste activities. Not all charity and voluntary group activity will be in scope to require a registered exemption. Charities operating a chargeable, commercial service will be required to apply for a permit. This is in order to maintain a level playing field between charities and private waste companies.
Waste managed by people who produce it in the course of business
People who transport or control more than a certain volume of construction or demolition waste, or waste that is subject to a higher level of control, which is produced by themselves in the course of their business, will be required to apply for the relevant standard rules permit.
Agricultural waste
Companies transporting agricultural waste, or those that offer a take-back service for empty containers and unused product, will be required to apply for a permit.
Farmers transporting their own agricultural waste will only be required to operate under a registered exemption.
Animal by-products
Transport of most animal by-products (ABP) is already covered by the ABP regulations, designed to ensure ABP are suitably and safely handled to the satisfaction of Defra and the Animal Plant and Health Agency (APHA). ABP that are covered by these regulations will therefore not be required to be permitted and instead will require a registered exemption.
Charging
Charges will be set in line with the existing legislative charging framework for environmental permitting. Application fees will therefore cover the cost of determining an application alongside an additional fee that will cover the costs of monitoring compliance.
Renewals and reviews
We will introduce chargeable permit renewals which will be needed on a regular basis. This will be light touch for existing permit holders and will require them to declare they are still meeting the conditions of their permit, and that their business details and required technical competence are up to date.
Demonstrating technical competence for permitted activities
Operator competence
The Environmental Permitting Regulations (EPR) contain a requirement for waste operators to demonstrate operator competence, of which technical competence is a part.
As waste transporters and controllers will be moved into the EPR, they will be subject to these requirements.
Introduction of mandatory technical competence
Mandatory technical competence will be introduced for the permit holder and any nominated persons within the business. As is the case for site permits, there will be 2 routes to demonstrate competence: individual and workplace-based.
How will technical competence be demonstrated?
It is important that the ability to show technical competence is proportionate, flexible and accessible for all. We are continuing to work with industry and training providers to create 2 routes that will allow the wide range of businesses to choose the option that best suits their model.
Individual assessments
Although we are still working with industry to finalise the details, we anticipate that, where the individual assessment route is followed, the permit holder and any additional nominated persons would take a remote e-learning course before sitting an in-person test at a test centre (similar to the model used for driving theory tests).
Those who are required to register an exemption
Those who are required to register an exemption (see Exemptions from a requirement to operate under a permit) are carrying out low-risk activities. They are still required to meet their duty of care requirements, but we consider requiring them to achieve and demonstrate competence as outlined above too burdensome for little practical benefit. We will therefore not be requiring those registering exemptions to demonstrate competence.
Transition period for the introduction of competence requirements
The introduction of mandatory competence is a significant change for the industry, and both operators and training providers will need adequate time to prepare. Therefore, anyone applying for a permit in the first year of the system going live will only be required to enter proof of their technical competence within one year of that go-live date. If this is not submitted within the required timescale, the regulators will have the ability to suspend permits until this is received.
Ongoing competence
Evidence of continued competence will be required at the point of renewal (every 3 years) for a renewal to be granted and must also be available during the life of a permit if requested by the regulator during audits. The requirement to cascade competence training to all employees will continue to apply.
How will technical competence be monitored and enforced?
Applicants will be required to provide evidence that they, and if applicable other nominated person(s), have acquired the relevant level of competence. If this is not provided, the regulator can refuse the application. For those applying for a permit in the transition phase, if they do not submit the required evidence by the allocated time frame, the regulator can suspend the permit until it is satisfied that competence has been attained.
Compliance and enforcement
Compliance
Permit costs are for the application for and subsistence of the permit and do not cover enforcement activity. The type of compliance check will depend on the type of permit held, the tier and associated level of risk.
Enforcement
Bringing waste transporters and controllers into the Environmental Permitting Regulations (EPR) provides a robust enforcement framework, allowing the regulator greater flexibility compared to the existing CBD regime. Part 4 of the EPR details the enforcement and offences available under the EPR. These will be applicable to waste transporter, controller, and transporter-controller permits. We aim to ensure that our reforms maintain equivalence for local authorities with their current enforcement powers. The Environment Agency will publish guidance on enforcement.
Implementation
Once the new system is ‘live’, those with an existing upper-tier registration will be required to apply for the relevant permit when their registration is due for renewal, thereby naturally creating a staggered approach over 3 years.
Those with existing lower-tier registrations, where there is no requirement to renew, and who will be required to either register an exemption or apply for a permit, must do so within 12 months of the system going ‘live’. After this time, their lower-tier registration will cease to exist.
New applicants will be required to apply for a permit or register an exemption from the date the new system goes live.
The full policy can be found here.