The draft regulations aim to simplify and update the exemption system, which currently allows up 143,000 operators to carry out one or more waste activities without an environmental permit (formerly a waste management licence).
We are seeking to encourage businesses to recover and recycle their waste by offering exemptions for truly low risk operations
Paul Leinster, EA
In particular they seek to address activities that have been deemed 'low risk' but are not addressed by the exemption options available under the current system, while at the same time some high-risk operations which currently operate under an exemption would be expected to hold one or more permits.
Announcing the consultation, waste and recycling minister Joan Ruddock said: “Environmental permits are an essential tool in protecting the environment from the impacts of waste, but the system must be fair, simple and proportionate to risk.
“The changes we are proposing in the consultation we have published today deliver all those things. Our estimate is that they will also offer real savings for some businesses by cutting red tape and making waste management more efficient, which could be as much as £45 million over three years,” she added.
Registration
The draft regulations, which are jointly published by Defra, the Welsh Assembly Government and the Environment Agency, will replace the current two-tier exemption set-up with an updated system under the headings of use, treatment, disposal and storage at the place of production.
In particular, the system plans to replace the use of 'simple' exemptions – where a single registration is valid for life, and 'notifiable' exemptions – where annual renewal, a registration charge and more complex requirements are involved to reflect a 'higher-risk', with a single level of exemption.
And, those waste operations deemed too high-risk for the new single level of exemption would be required to apply for an environmental permit.
At the same time, a £50 charge would be introduced for each three-yearly registration, with a reduction for registrering online, with a three-year transitional period, beginning in October 2009, to allow operators time to comply, phased according to the environmental risk of the activities.
System
The government has estimated that 83% of companies currently registered for an exempt waste operation would continue to receive an exemption under the proposed system, albeit now renewed every three years.
It also expects 12% of operators registered as having an exemption relating to waste stored by its producer or at a collection point would no longer require any exemption, while 5% of those registered exempt would need to apply for an environmental permit.
The Environment Agency's acting chief executive, Dr Paul Leinster, outlined the reasons behind the overhaul of the exemption system. He said: “Most of the waste exemptions currently available have been in place since 1994 with little or no amendment.
“To keep pace with the changing world of waste management and the new techniques that have been developed, we need a revised suite of exemptions.”
“We are seeking to encourage businesses to recover and recycle their waste by offering exemptions for truly low risk operations. Conversely, we are proposing tightening the regulations for those operations that pose a higher risk to the environment,” he added.
Nine of the operations currently covered by an exemption would be required to apply for an environmental permit under the proposed regulations, and these are: spreading of sewage sludge on non-agricultural land; spreading of industrial waste; reclamation or improvement of land; composting; manufacture of construction products and soil from waste; storage and use of building waste; deposit of dredgings; spreading of ash from pig and poultry incineration; and, recovery of scrap metal and the dismantling of depolluted waste motor vehicles.
However, the Environment Agency is planning to consult with those sectors affected by this on its proposals for standard permits before April 2009, to allow the standard permit system to be in place before the new exemption system comes into place in October 2009.
Limits
For other operations covered by exemptions, in many cases the draft regulations propose new limits whereby an exemption can be granted, while deeming other activities as not being subject to the requirements of the EU Waste Framework Directive, and therefore subject to an alternative exemption.
Notable examples of the new limits include one relating to the storage of waste, the quantities of waste exemptions are granted for would vary according to whether waste was stored and processed indoors or outside.
And, the government's support for anaerobic digestion is illustrated by a proposed simple exemption for on-farm AD to be used for up to 1,000 tonnes of manure and slurry.
With guidance set to be published alongside the draft regulations, Dr Leinster encouraged anyone who could be affected to check the draft regulations, and their accompanying partial impact assessment, and respond prior to the deadline of October 22 2008.
“We need to hear the views of businesses which might be affected before we make changes to the system,” he said.
“We would encourage all businesses handling waste to look at the website to find out if their waste activity might be affected, and to participate in the consultation,” he added.
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