Certain waste operation permits granted before 6 April 2008 became subject to new management system conditions relating to pollution from 7 April 2019. These new conditions are known as Management System condition A (MSA) and Management System condition B (MSB).
MSA requires operators to run waste operations in accordance with a written management plan which identifies and minimises the risks of pollution. MSB requires the written plan to be reviewed regularly to keep it up to date.
MSA and MSB apply if an existing environmental permit did not contain a “condition referring to a management system recorded in writing relating to risks relating to pollution” immediately before 7 April 2019.
According to the Agency, this legislation was introduced so the enforcement body could regulate waste facilities without the need for operators to vary their environmental permits at “great expense”.
The Agency has now revised its interpretation of the legislation so it will no longer regulate, score or enforce the MSA and MSB conditions in permits which contain conditions referring to a “working plan”. Instead, it will regulate, score and enforce those working plan conditions.
This means MSA and MSB will no longer apply for such permits. In those circumstances the Agency accepts that such a permit does contain a “condition referring to a management system recorded in writing relating to risks relating to pollution”.
Regulatory standards
Where the Environment Agency believes that permit conditions and the working plan are not providing adequate protection of people and the environment, it says it may initiate a permit review and vary the permit to meet current standards.
“We are always ready to work with industry to ensure we uphold the highest regulatory standards”
Yesterday (14 July), Malcolm Lythgo, head of waste regulation at the Environment Agency, said in a statement: “We have recently reviewed our position on how we assess environmental permit breaches relating to pollution.
“We are always ready to work with industry to ensure we uphold the highest regulatory standards as we maintain our focus on protecting people and the environment.”
Waste sector
The Environment Agency says most of the sites it regulates are “well run”. More than 92% of the total 13,771 operator permits were rated in the Agency’s highest compliance bands, A and B, in 2018.
However, the Agency says compliance in the waste sector “still needs significant improvement”. In 2018, 3.6% of all waste sector permits were rated D, E or F for compliance. In comparison, the proportion of D, E or F rated permits averaged across non-waste sectors was 1.7%.
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