Revised permitting regulations take effect

The 'Environmental Permitting (England and Wales) Regulations 2010', which were passed as secondary legislation last month (see letsrecycle.com story), replace the 2007 Environmental Permitting Regulations, and aim to bring together in one set of rules the permitting requirements of recent EU legislation such as the Batteries Directive alongside existing waste permitting requirements.

They also include an overhaul of exemptions from environmental permitting, bringing into effect changes which Defra originally said aimed to create a 'fairer and simpler' system for the 143,000 operators who have previously carried out one or more activities without an environmental permit (see letsrecycle.com story).

Metals

However, the plans have been dogged by criticism since they were unveiled in July 2008, with metals recyclers seizing on the government's admission that up to 630 scrap yards who previously operated under a paragraph 45 exemption are expected to have to apply for an environmental permit, with all the costs that entails (see letsrecycle.com story).

The sector's trade body, the British Metals Recycling Association (BMRA) has also claimed that, by allowing sites to register on line for free and involving a “low level” of inspection, the replacement 'T9' exemption would encourage illegal operation (see letsrecycle.com story).

And, BMRA director-general Ian Hetherington told letsrecycle.com last month that: “Our opposition to this legislation is well documented as we believe one of its unintended consequences is that it will lead to the closure of legitimate metal recycling sites which will have to apply for retrospective planning permission.”

Organics

Warnings over the cost impact of the revised system have also come from the organics recycling sector, with particular concerns raised over the impact they will have on small composters who previously operated under a paragraph 12 exemption.

The Association for Organics Recycling has claimed that, by making these sites apply for an environmental permit, involving a £1,590 application fee and £790 annual subsistence charge would have a “devastating impact” on on-farm composting businesses and community sites.

And, it has also warned that permitting charges in relation to spreading organic materials to land could force operators to either stop composting, 'shred and spread' – directly applying waste to land instead of composting it, or send it to landfill (see letsrecycle.com story).

Environment Agency

Despite this, the Environment Agency (EA), which is tasked with enforcing the regulations in England and Wales, today outlined the benefits of the new exemptions system, which it claimed would allow “businesses to easily identify the exemption or permit required and how to comply with it”.

Ed Mitchell, the EA's head of environment and business, said: “We have freed up businesses from needing environmental permits when they carry out low risk waste activities, requiring them to register with us, for free, instead. We will now concentrate our efforts on higher risk activities – allowing us to scrutinise these more thoroughly, leading to greater environmental protection and a better environment for all.

“We recognise that it is a significant change for some businesses and we will use the transitional period to help business understand what is expected of them and move into the new system,” he added.