The changes come as a result of consultations and will come into effect on July 1, 2003.
Recycling sites and other facilities classed as 'low risk' face financial health checks by the Agency. The checks are to ensure organisations have sufficient funds available to run sites safely and responsibly.
Liz Parkes, acting head of waste regulation for the Environment Agency, said: “Financial health checks – which will apply to all non-landfill site operators – will help cut red tape when setting up waste sites as well as enhancing the protection of the environment and public health.”
The Agency claims that these rules will help lower costs to businesses and speed up the permitting process by reducing administrative delays. The previous policy required operators of all waste sites to set aside funding up-front fro the clearing up of waste sites once operations ceased. The new rules will only require companies to show they are in a financial position to make provision for the clear-up.
Environmental crimes
The Agency is also threatening to revoke waste site operators' and waste carriers' licences if convicted of an environmental crime. This comes from new rules that mean all licensees will be questioned regarding their continuing suitability to hold a licence if convicted after this policy is implemented in July.
The Agency will now expect operators convicted for environmental crime to produce a ‘post-conviction plan’. The plan will give the convicted operators a chance to show the Agency that they should be allowed to continue and will have to describe the measures they have taken to improve performance and prevent the offences recurring. Licences to carry waste or operate facilities will be revoked if a company fails to avoid recommitting the offence.
The Agency claims that this new approach will mean poor waste management companies will be forced to stop operating.
Ms Parkes said: “While the old caricature of regulation being bad for business is still bandied around, there is now a wider acceptance that good regulation is good for business. It sets common standards that firms can meet efficiently, giving them a clear and publicly acceptable basis for their operations. In this case high standards won’t be undermined and the ‘cowboys’ are penalised.”
The consultation for this new policy raised concerns that it may not be fairly applied. Taking this into consideration, the Agency has drawn up a number of principles to uphold its ‘firm but fair regulatory philosophy'. This includes: “The new rules will be applied on a licence by licence basis, with the significance of offences being considered in the context of the activities authorised by the licence.”
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