The Agency has written to accredited wood recyclers to clarify the interpretation of a clause in the Waste Management Licensing Regulations 1994 which meant some businesses were operating without the necessary waste management licence in place.
The clause had been intended to make firms dealing with green waste and virgin wood exempt from needing a waste management licence, the Agency said, not those reprocessing waste wood.
Wood reprocessors that do not have a licence, and wish to issue PRNs on packaging recycled into products such as animal bedding, must now have a licence in place by next year.
An Agency spokesperson told letsrecycle.com: “From the results of the wood packaging reprocessors fact-finding exercise, it was found that some inconsistencies in the interpretation of paragraph 21 (of
Schedule 3 in the regulations) still existed. As a result the Agency has written to all accredited reprocessors to inform them that paragraph 21 will not be an acceptable basis for accreditation next year. The issue does not affect all wood reprocessors as many rely on other forms of environmental permit.
“The communication indicated to affected reprocessors the need to obtain valid waste management permits before they could be accredited for 2004. They are advised to contact their local EA office to discuss site specific issues,” the spokesperson added.
Timing
Noting that wood recyclers have operated under the old interpretation of paragraph 21 for several years, some wood recyclers have questioned the timing of the Agency's apparent change of heart. Since it is already October, they feel they have not been given sufficient warning to have licences – which may require certain planning permissions to be obtained – in place by next year.
Plus, the Agency has said that if licences are in place part-way through the year, accreditation will not be back-dated to include material processed before the licence is in place.
But responding to this, the Agency said: “There has been no sudden change in the Agency's position. Inconsistencies in the interpretation of paragraph 21 by the Agency came to light three to four years ago and a decision was made at national level at that time to the effect that paragraph 21 only applied to wood in its natural state, i.e. it excluded manufactured goods. This is the position taken by the EA whenever anyone asked for clarification of paragraph 21.”
Experts in the sector have said the action will provide much-needed credibility for the sector, but the Wood Recyclers Association told letsrecycle.com that the issue would have significant financial implications for smaller wood recyclers.
Rick Wilcox, WRA secretary, said: “We are talking to the Agency about this at the highest level, actively seeking clarifications over the issue. There are clearly huge cost implications for SMEs – not just in licensing applications and bonds but some businesses will have to apply for full planning permission, and that kind of thing takes time.
He added: “We would have much preferred this to be part of the DEFRA packaging consultation and are very saddened that it wasn't.”
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