The Environmental Permitting (England and Wales) Regulations 2016

[F1 PART 3 E+W Waste operations: management and technical competence conditions

Textual Amendments

F1 Sch. 9 Pt. 3 inserted (7.4.2019) by The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1227), regs. 2(2), 4(5)

Written management system conditions E+W

1.— (1) An environmental permit which meets each of the following criteria is subject to conditions A and B—

(a) the permit was granted before 6th April 2008;

(b) the permit does not authorise a waste operation carried on at an installation or by means of a Part B mobile plant; and

(c) the permit does not, immediately before 7th April 2019, contain a condition referring to a management system recorded in writing relating to risks relating to pollution.

(2) Condition A is that the operator must manage and operate the waste operation in accordance with a system (a “written management system”), described in a document or documents, which identifies and minimises the risks of pollution arising from the waste operation, including (but not limited to) those—

(a) arising from operations (including maintenance);

(b) arising from an accident or other incident;

(c) arising from a failure to comply with or from a contravention of the environmental permit in question;

(d) identified following a complaint; or

(e) arising from the closure of the operation.

(3) Condition B is that the operator must—

(a) from time to time, review the written management system and keep it up to date; and

(b) keep a written record of—

(i) activities carried out in accordance with the written management system; and

(ii) any review or update under paragraph (a).

(4) If the regulator varies an environmental permit which meets the criteria in paragraph (1) so as to include a condition referring to a management system recorded in writing relating to risks relating to pollution, this paragraph ceases to apply to that environmental permit.

Technical competence: notification condition E+W

2.— (1) An environmental permit is subject to the condition in sub-paragraph (6) if it meets one or both of the following criteria.

(2) The first criterion is that the permit authorises a waste operation which is not carried on at an installation or by means of a Part B mobile plant.

(3) The second criterion is that the permit authorises a specified waste management activity.

(4) Each of the following activities is a specified waste management activity—

(a) the disposal of waste in a landfill falling within Section 5.2 of Part 2 of Schedule 1;

(b) the disposal of hazardous waste falling within Section 5.3 of Part 2 of Schedule 1;

(c) the recovery of hazardous waste falling within Part A(1)(a)(i), (ii), (iii), (iv), (v), (viii) or (x) of Section 5.3 of Part 2 of Schedule 1;

(d) the disposal of non-hazardous waste falling within Part A(1)(a) of Section 5.4 of Part 2 of Schedule 1;

(e) the recovery or a mix of recovery and disposal of non-hazardous waste falling within of Part A(1)(b) of Section 5.4 of Part 2 of Schedule 1;

(f) the temporary or underground storage of hazardous waste falling within Section 5.6 of Part 2 of Schedule 1.

(5) But an activity falling within sub-paragraph (4)(b) to (f) is not a specified waste management activity if that activity—

(a) is carried on at the same installation as a Part A(1) activity not mentioned in sub-paragraph (4); and

(b) is not the activity which constitutes the primary purpose for operating the installation.

(6) The condition is that the operator must periodically give to the regulator—

(a) information demonstrating the operator’s compliance with one of the following standards during the relevant period; or

(b) if the operator did not comply with one of the following standards during the relevant period, information to that effect.

(7) The first standard is the CIWM/WAMITAB Operator Competence Scheme, Version 9, September 2018, published by WAMITAB.

(8) The second standard is the Competence Management System: Requirements, Version 4, April 2015, published by Energy and Utility Skills.

(9) In sub-paragraph (6)—

(a) the reference to giving information periodically is a reference to giving information in each quarterly or annual return (as the case may be) for giving information about waste acceptance or removal in accordance with the environmental permit in question;

(b) “relevant period” means—

(i) in relation to the first period, the period beginning with 7th April 2019 and ending with the end of the period to which the first return relates;

(ii) in relation to each subsequent period, the quarter or year (as the case may be) to which the return relates.

(10) The regulator may amend the form for giving information about waste acceptance or removal in accordance with an environmental permit so as to enable information to be given in accordance with this paragraph.]