19/01/2018

Tackling waste crime and problem sites (E, W)

New powers for the Environment Agency to a) prevent the build-up of illegal waste by blocking access to problem waste sites and b) force operators to clear away all waste and not just the illegal elements of it, spearhead government proposals for a 3-pronged attack on waste crime and poorly performing waste sites.

‘Consultation on proposals to tackle crime and poor performance in the waste sector & introduce a new fixed penalty for the waste duty of care’ comprises three sections.

Part A seeks to raise the standard of operator competence by strengthening the regulators’ assessment and enforcement capabilities.

Part B proposes reforms to the waste exemptions regime within the waste permitting system.

Part C proposes a new fixed Penalty Notice for fly-tipping household waste.

The EA’s enhanced powers to tackle illegal waste and problem sites take account of feedback from a consultation launched in October, 2015. Waste crime that year cost the English economy more than £600 million in lost landfill tax revenues and clean-up costs and also created severe problems for people living or working close by them.

In addition to giving the EA the powers to take physical steps to prevent sites accepting more illegal waste (which received support from 90% of respondents when proposed in the 2015 consultation), the most significant of the measures proposed in the current  consultation include

  • strengthening the regulators’ assessment of an operator’s competence in the 4 key areas of

– past performance

– management systems

– technical competence

– financial competence/provision

  • requiring low-risk operations currently exempt from the need to hold a permit to be registered
  • improving awareness among householders to encourage them to check on the EA website whether the recipient of their waste is licensed
  • introducing fixed penalty notices to provide local authorities with the option of fining people whose waste ends up being illegally dumped, rather than pursuing them through the courts

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