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“The Skip” Issue 59 June 2010

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June 18, 2010 at 4:08 pm | Back Issues of "The Skip" | No comment

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“The SKIP” Issue 57 April 2010

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April 15, 2010 at 1:00 pm | Back Issues of "The Skip" | 1 comment

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“The SKIP” Issue 56 March 2010

Fly tipping extreme

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March 22, 2010 at 2:07 pm | Back Issues of "The Skip" | No comment

Tags: skip hire news, skip hire uk, skip magazine

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The Men Who Stare at Regulations.

I’m part way through reading The Men Who Stare at Goats, in which US Special Forces research paranormal forces to see if they can use them in operations and firmly believe that it is possible to kill a goat just by staring at it.  Apparently based on a true story!  I know how they feel, I hope that if I stare at the new regulations long enough they will burst into flames and disappear.  Sadly though they have not so I read them instead.

It’s not long now until the The Environmental Permitting (England and Wales) Regulations 2010 replace the 131 page 2007 Regulations with a 209 page document.  The regulations were laid before the House of Commons and Lords and the National Assembly for Wales on 25 January 2010 and are expected to be debated in the coming weeks, coming into force on 6 April 2010.  The draft regulations and the accompanying Explanatory Memorandum are available at:

www.defra.gov.uk/environment/policy/permits

The changes will bring in the exemption review, which has been ongoing for some time (see my article in The Skip 38) and a number of other regimes into one document, which should hopefully be good thing.  The official reasons for the change are summarised below:

1.     Widen the existing streamlined environmental permitting and compliance system in England and Wales by integrating existing regimes covering water discharge consenting,  groundwater authorisations  and radioactive substances regulation authorisations and the outcomes of the Waste Exemptions Order Review into the Environmental Permitting system!

2.     Bring in the majority of the Mining Waste Directive and the permitting parts of the Batteries Directive into the single permitting system.  In all 18 EC Directives are brought together in one set of Regulations.

3.     The draft EP Regulations 2010 are designed to “reduce the administrative burden of regulation on industry and regulators without compromising the environmental and human health standards previously delivered by the separate regimes and create an extended permitting and compliance system that brings increased clarity and certainty for everyone on how the regulations protect the environment”.

Nice sentiments but will it work?  I am all for reducing the number of documents we all have to deal with but what are the main issues of interest to the skip and waste industry?

There are provisions to replace multiple permits by consolidating them into one new permit.  This should enable sites with permits and discharge consents to have one new document, for example.  Also the creation of further standard rules permits will simplify regulation of waste sites in particular and hopefully make it cost effective to apply for the new permits. Existing and new permits are covered by the new regulations the day they come into force unless subject to an appeal. Current applications will be dealt with under the 2007 Regulations.  It may be worth waiting for 6 April to see what the Environment Agency’s interpretation is and how they will widen the standard rules permits to cover more sites.

There are 35 pages of exemptions so the best option for now is to see which ones make it through the debate and review them in a future article.  The good news is that there are transitional provision for exempt activities, with the exception of any activities which involve disposal or recovery of agricultural waste on agricultural land (which are OK until 1 October 2013).  Otherwise your exemptions are safe in their current form under the 2007 regulations until the dates below:

i.      Paragraphs 9, 10, 12 or 19 – OK until 1 October 2011

ii.     Paragraphs 13 or 21 – OK until 6 April 2012

iii.    Paragraph 7 – OK until 1 October 2012

iv.    Paragraphs 4, 5,  6, 11, 14, 15, 17, 18, 20, 22, 23, 25, 29, 30, 31, 32, 38, 40, 41, 42, 46 – OK until 1 October 2012

v.     Paragraphs 2, 3, 8, 24, 43, 44, 45 – OK until 1 October 2013

Despite the delay in the new exemptions replacing your current ones I would advise all readers to check the corresponding activity in the new regulations to check what you have to do after the dates stated above.  As far as I can see if there is a benefit from the new exemptions there is nothing to stop you from re-registering the new exemption.  If you have any queries please e-mail me or phone The Skip.

Also of interest this month are:

The Environment Agency: A review of implementation of better regulation – an independent review of the extent to which the Environment Agency puts the principles of better regulation into practice. Assesses the progress made by the Environment Agency since its full Hampton report.  See http://www.berr.gov.uk/files/file54411.pdf

Gypsum Quality Protocol – published: The joint WRAP and Environment Agency Protocols Programme has published the Quality Protocol outlining when gypsum from waste plasterboard is no longer classed as waste.  Details at

http://www.wrap.org.uk/media_centre/press_releases/new_gypsum_quality.html

Marco Muia BSc (Hons) MSc MCIWM is the Director of Oaktree Environmental Limited. He specialises in all aspects of waste planning and regulation consultancy. He also holds the level 4 COTCs for Hazardous Waste Treatment and Transfer. You can contact Marco on 01606 558833 if you have any questions about this article or e-mail him at marco@oaktreeenvironmental.co.uk

March 10, 2010 at 12:17 pm | Environmental News | No comment

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• Latest Posts

• “The Skip” Issue 59 June 2010
• “The SKIP” Issue 57 April 2010
• “The SKIP” Issue 56 March 2010
• The Men Who Stare at Regulations.
• Dear Bernice – The Skip Industry’s Agony Aunt

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