Consultation launched on Environmental Liability Directive

The legislation will not be retrospective and because of this is estimated by the document as costing the waste industry an additional 2 million a year, with the majority of this will be borne by illegal operators.

The proposed Directive (ELD) is aimed at the prevention and remedying of environmental damage – including, damage to habitats and species protected by EC law, damage to water resources, and land contamination which presents a threat to human health.

The consultation document is now available with responses due in by February 16.

Proposals


According to Defra the proposals will give effect to the polluter pays principle, with any polluting organisations having to remediate the damaged environment. This will be either directly or by taking measures to prevent imminent damage or by reimbursing competent authorities that remediate the damage on their behalf.

The Directive would apply only to damage from incidents occurring after it comes into force.

According to the consultation document, analysis suggests that the waste sector will cause around 10-15% if cases of damage caught by the Directive – this will include a large proportion of the total land and water damage.

The document states: “In total it is estimated that the sector might incur additional costs of 1-2 million in an average year. The evidence suggests that it is largely illegal or irresponsible businesses, such as unauthorised waste businesses, that cause ELD damage and that those that operate within licence conditions would incur a minority of these costs.”

Defra also states that how often it will be possible to make irresponsible businesses, particularly fly-tippers, liable is uncertain and will depend on investment in enforcement.

In fact fly-tipping has been excluded from the analysis carried out because it is difficult to find the responsible party.