The Agency hopes to revoke licences from firms convicted of serious environmental offences as part of its new focus on tackling the worst performing operators. The plans, which are meant to encourage the industry to “view its environmental responsibilities more clearly,” were revealed in two documents issued for consultation yesterday.
Convictions
The Agency currently decides at its discretion whether a site operator meets its criteria of being a “fit and proper person” to hold a licence. The suggested changes address the way it considers environmental convictions by waste operators and carriers.
Under the new approach, an operator with a conviction would have to prove that it had improved its procedures sufficiently to prevent a recurrence. If the company failed to do this, they could have their licence revoked or refused.
Liz Parkes, the Agency's waste regulation policy manager, said: “Where persons have been convicted of serious environmental offences, the Agency will expect them to put in place a “post-conviction” plan. This would set out the measures to be taken to ensure improvements in performance and prevent recurrences.”
The rules would come under the 'relevant convictions' test, which would apply to PPC permit applications for waste management activities and the registration of waste carriers as well as waste management licensing.
Finances
The “fit and proper” test also requires operators to have the financial resources to meet their licence obligations – but the Agency is proposing to relax this policy for lower risk, non-landfill sites.
Currently, operators are required to secure funding which can be made available to the Agency to protect the environment and public health in the case of the operator failing to meet their licence obligations. The new proposals would relax the requirement for financially sound operators to provide funds up-front as long as they could demonstrate they were in a position to make financial provision.
They would also introduce financial health checks for applicants in order to reduce operator failure rates, and streamline the calculation of financial provisions. In addition, the Agency intends to set up a “centre of excellence” to deal with the health and conviction assessments efficiently.
Comments on both sets of proposals must be made to the Agency by May 2, 2003.
To see the two consultation papers, click on: www.environment-agency.gov.uk/yourenv/consultations/current_consultations/
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