Last month we looked at part of Defra’s second consultation on the controls on the handling, transfer and transport of waste, in the form of The Waste Controls (England and Wales) Regulations 2009 which are tabled to come into force in April 2009. So what, if anything, will change in the improperly completed world of waste transfer notes?
Transfer notes will have to include the following information:
1. Identify the waste by reference to the codes in the List of Wastes (England) Regulations 2005 and the List of Wastes (Wales) Regulations 2005.
2. Provide a description of the waste.
3. State its quantity and whether it is loose or in a container and, if in a container, the kind of container.
4. The time and place of transfer.
5. State whether the transferor or transferee are the producer or transporter of the waste, a local authority, a holder of an environmental permit (including the permit number) or an exempt person, a registered carrier or broker (including the registration number).
So what has changed on the transfer note? In effect, nothing!
Record keeping is unchanged as notes must still be held for two years. The major change is the new requirement to produce it to an officer of the Environment Agency on demand within 7 days, without a notice. The provision for a notice having gone with the revocation of the 1991 Regulations.
On the face of it this does appear harsh, but if the Environment Agency will have a duty under the new regulations to make appropriate periodic inspections of all registered carriers, dealers and brokers then they should be able to reasonably request transfer notes without having to resort to notices. My only concern is that it takes effort to draft a notice and get it signed whereas a blanket approach such as this is open to abuse by over zealous officers. Increasing use of computerised records will make compliance easier for larger firms but smaller outfits need to make better use of 12 month notes and improve their records or face more detailed inspections. The proposal for the requirement to produce a transfer note in 24 hours has been dropped.
There is already provision in existing environmental legislation for fixed penalty notices for failure to comply with the law and the consultation document asks whether or not the same would be appropriate for the duty of care and carrier registration systems, as well as increasing the fine in the Magistrates Court from £5,000 to
£10,000. This would relate to specific offences and would not preclude penalties under other environmental legislation.
The document also asks the nonsensical question as to whether SIC codes should be placed on transfer notes. As thousands of companies do not have the correct SIC code against their companies house registration, how can we expect waste producers to give carriers the correct information, thereby placing another burden on the carrier.
In summary there appears to be little to worry about, from a transfer note perspective, but it is worth having a look at the consultation document, which an be viewed at :
http://www.defra.gov.uk/corporate/consult/waste-controls/index.htm.
As stated last month the new regulations themselves are not very detailed and much will be left to guidance, which can be revised more easily than the legislation. I will be making a response shortly but if you want to reply in person the address to do so is:
By email:
flytipping@defra.gsi.gov.uk (England)
LEQ@Wales.gsi.gov.uk (Wales)
By post:
Waste Controls Consultation Responses, Defra, Area 6D, Ergon House, C/o Nobel House, 17 Smith Square, London SW1P 3JR
Local Environmental Quality: Waste Controls Consultation Responses, Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ
Responses to the consultation should be sent by 8 September 2008. If you have any comments to add please feel free to e-mail me or respond directly.
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 you can e-mail him at: enviroman@theskip.net
