DEFRA Review Waste Exemptions

Defra, the Welsh Assembly Government and the Environment Agency have jointly published a consultation on revised waste exemptions from environmental permitting. The aim of the review is to create a “more risk-based approach” to regulating waste recovery and disposal operations. Deadline for responses is 23 October 2008.

Exemptions have been provided from the need for an environmental permit (formerly a waste management license) for many years, with the majority of exemptions unchanged since 1994. The current exemptions system has two tiers: “simple” and “notifiable” exemptions depending on the level of environmental risk. DEFRA is now proposing to do away with these two tiers, with only low-risk operations requiring exemptions. Higher risk activities will require an environment permit.

Other key proposals include:

  • The introduction of three yearly registration periods
  • The introduction of charges for the registration of each exempt site (£50)
  • Generally removing exemptions for Part B process (e.g. scrap metal furnaces, burning waste as a fuel, glass manufacture and production)
  • Using European Waste Catalogue codes to describe exempt waste types
  • Introducing quantity limits for all exemptions
  • Not to introduce a system of appeals against refusal to register

What this could mean to you

According to DEFRA, most businesses currently operating under an exemption would continue to do so. However, a range of new exemptions will be created and activities currently operating under an Agency low-risk position statement would now need an exemption. Anyone affected by the new proposals would need to either re-register an existing exemption or register an exemption for the first time and pay a small fee.

Activities that would require a permit include the production and use of aggregates made from inert waste, if above 500 tonnes a year. Permits would also generally be required for Part B processes – those waste activities that are regulated by local authorities because of their emissions to air.

Next steps

The consultation runs until 23 October. DEFRA intends to introduce the new system in October 2009, although there will be a transition period to allow businesses “a reasonable time” to adjust to the changes. EEF welcomes it members’ views on the proposals.


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