Waste Management Licensing Regulations
Encyclopedia
The Waste Management Licensing Regulations 1994 (S.I. 1994/1056) apply in Great Britain (England, Scotland and Wales) to those persons involved in the collection, storage, treatment and disposal of controlled wastes. These activities were previously covered by provisions contained within the Control of Pollution Act 1974 (COPA). The regulations implement certain provisions of European Directive 91/156/EEC and are enacted under the Environmental Protection Act 1990 (EPA 90).
A licence is required to authorise the:
In order to obtain a licence certain conditions must be met. These fall into 3 categories which are aimed to ensure that waste management
is in the hands of "fit and proper persons".
That the company, or persons acting for the company, should not have any summary convictions relating to provisions of regulations affecting the industry. A licence can be subsequently revoked if a licence holder has ceased to be fit and proper by reason of his having been convicted of a relevant offence.
The applicant would not be regarded as fit and proper if it appears to the waste regulation authority (WRA) that:
As the provision is based on licence conditions, which are variable depending upon the operation, financial provision will be variable. In the case of landfill operations these funds will also be expected to cover the post-closure period where continuing expenditure might be expected for: monitoring replacement of pollution control equipment, and site restoration.
Security (usually in the form of insurance) must also be provided to cover eventualities that would be likely to have higher costs than those planned for in the ordinary course of business, e.g. failure of a landfill containment causing pollution of water courses.
The issues of risk are discussed between all parties involved in the application, i.e. the applicant, WRA and the provider of the cover to decide:
Ultimately the WRA needs to be satisfied that adequate cover for risks has been provided; to reinforce this it may be included as part of the licence condition.
A licence is required to authorise the:
- Deposit of controlled wasteControlled wasteControlled waste a waste type composed of either domestic, commercial and/or industrial waste. They are regulated by governmental institutions or acts, because of their toxicity or imminent hazardous nature, either in themselves, obtained during biodegradation or biochemical degradation.-See...
to land - Disposal of waste by means of plant of equipment, which includes
- BalingBalingBaling is a major town in the northern state of Kedah in Malaysia. It is also the name of a district in which Baling town is situated. It is south of Betong, the southernmost town in Thailand.-Origin of name:...
- Compacting
- Incinerating
- Pulverising
- SortingSortingSorting is any process of arranging items in some sequence and/or in different sets, and accordingly, it has two common, yet distinct meanings:# ordering: arranging items of the same kind, class, nature, etc...
- Storing
- Processing
- ShreddingIndustrial shredderAn industrial shredder is a machine used for reducing the size of all kinds of material. Industrial shredders come in many different variations and sizes. Some examples of materials that are commonly shredded are: tires, metals, car wrecks, wood, plastics, and garbage...
- Composting
- Baling
- Treatment, keeping or disposal of controlled waste on land
- Treatment, keeping or disposal of controlled waste by mobile plant
- Treatment, keeping or disposal of controlled wastes in a manner likely to cause pollution to the environment or harm to human health
Licensing
On April 6, 2008, the Waste Management Licensing Regulations were replaced by the Environmental Permitting Regulations 2007. There are no longer separate regulation regimes for waste management and PPC activities, with both being regulated by way of Environmental Permits.In order to obtain a licence certain conditions must be met. These fall into 3 categories which are aimed to ensure that waste management
Waste management
Waste management is the collection, transport, processing or disposal,managing and monitoring of waste materials. The term usually relates to materials produced by human activity, and the process is generally undertaken to reduce their effect on health, the environment or aesthetics...
is in the hands of "fit and proper persons".
- Technical competence
-
- This generally requires involvement of the Waste managementWaste managementWaste management is the collection, transport, processing or disposal,managing and monitoring of waste materials. The term usually relates to materials produced by human activity, and the process is generally undertaken to reduce their effect on health, the environment or aesthetics...
training board WAMITAB.
- This generally requires involvement of the Waste management
-
- there is a requirement that managers of the facilities have obtained the relevant Certificate of Technical Competence (CoTC) in which there are a number of levels.
- Relevant offences
That the company, or persons acting for the company, should not have any summary convictions relating to provisions of regulations affecting the industry. A licence can be subsequently revoked if a licence holder has ceased to be fit and proper by reason of his having been convicted of a relevant offence.
- Financial Provision/Security
The applicant would not be regarded as fit and proper if it appears to the waste regulation authority (WRA) that:
-
- He has not made financial provision adequate to discharge the obligations arising from the licence
- he either has no intention of making it, or is in no position to make it
As the provision is based on licence conditions, which are variable depending upon the operation, financial provision will be variable. In the case of landfill operations these funds will also be expected to cover the post-closure period where continuing expenditure might be expected for: monitoring replacement of pollution control equipment, and site restoration.
Security (usually in the form of insurance) must also be provided to cover eventualities that would be likely to have higher costs than those planned for in the ordinary course of business, e.g. failure of a landfill containment causing pollution of water courses.
The issues of risk are discussed between all parties involved in the application, i.e. the applicant, WRA and the provider of the cover to decide:
- What event would trigger payment
- What specific works or other measures are to be covered
- The amount of the appropriate cover
Ultimately the WRA needs to be satisfied that adequate cover for risks has been provided; to reinforce this it may be included as part of the licence condition.