Late last month, DEFRA quietly laid before Parliament the Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 which are likely to have far reaching consequences for waste sites…
The regulations implement a number of the Department for the Environment, Food and Rural Affairs’ (DEFRA) previous proposals seeking to tackle waste crime and address poor performance in the waste industry. The amendments affect the Environmental Permitting (England and Wales) Regulations 2016 and the Environmental Protection Act 1990 with the amendments to the former coming into force on 7th April 2019.
Improving operator competence
With the aim of strengthening the assessment and enforcement of operator competence, the Environmental Permitting Regulations (EPR) amendments will require the operator to periodically supply the regulator information that demonstrates that the operator complies with recognised competence standards.
These standards are the CIWM/WAMITAB Operator Competence Scheme (Version 9, September 2018) published by WAMITAB, or the Competence Management System: Requirements (Version 4, April 2015) published by Energy and Utility Skills.
Wiser Training provides WAMITAB assessment and qualification services for those looking to improve operator competence.
Operating written management system
The other key EPR amendment requires that all waste sites manage and operate in accordance with a written management system that identifies and minimises the risks of pollution arising from their waste operations. Though not explicitly mentioned in the regulations, for those that manage combustible wastes, it is reasonable to assume that fire prevention measures will also need to be considered.
Measures will also be introduced from 7th January 2019 that enable householders to be fined for fly tipping if found to have failed to exercise their duty of care.
Wiser Environment has prepared a more extensive summary and commentary about the new regulations which you can read here.
A copy of the Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 can be found here.