FEATURE
Q&A FROM EA: ALL YOU NEED TO KNOW ABOUT LEGISLATION
THE Environment Agency (EA) is the regulatory body in England for waste management, and licenses industry, business, and individuals to carry out activities that have the potential to pollute the environment.
In this article, WAMITAB poses a series of questions to the EA to fi nd out about the purpose of the organisation, what they expect from waste management sites, how inspections are managed, and their angle on waste crime.
What is the purpose of the EA?
In a nutshell, the EA works to create better places for people and wildlife, and support sustainable development.
How does the EA manage the enforcement of the waste hierarchy ,and what happens in cases where it has not been observed?
Waste operators who import, produce, collect, transport, recover or dispose of waste must, on the transfer of waste, take all reasonable measures available to apply the waste hierarchy. This also applies to dealers and brokers who may have control of waste.
An operator may depart from the hierarchy to achieve the best overall environmental outcome, taking into account:
• General environmental protection principles of precaution and sustainability
• •
Technical feasibility and economic viability Protection of resources
• Overall environmental, human health, economic and social impacts
Failure to follow the waste hierarchy can constitute an off ence, and the EA will use their enforcement powers to get the best environmental outcome, wherever possible by giving advice and guidance.
The EA may choose to take enforcement in line with our enforcement and sanctions statement.
What evidence does the EA require to show an operator has followed the waste hierarchy?
Under the duty of care, when completing a compliant waste transfer note you can tick a box that indicates you have taken reasonable actions to ensure you have complied with the waste hierarchy.
It is advisable to maintain good records and evidence of your actions, as these may be required during a site inspection.
Does the EA provide guidance on storing and sorting of waste?
CHRIS JAMES CEO at WAMITAB, has over 30 years’ experience in vocational education as a Principal Lecturer, Chief Examiner, External Verifi er and Moderator with high profi le education and awarding organisations. WAMITAB provides an end-to-end solution - from operative to management level qualifi cations in resource management and recycling, cleaning, street cleansing, facilities management and parking.
www.wamitab.org.uk 28 SHM July, 2017 @WAMITAB
There is general guidance on storing and sorting waste available on
gov.uk, where you can also fi nd guidance about permits, licences and authorisations.
An exemption or environmental permit will specify the terms eg, - any limits on types/quantities of waste; storage facilities, and any precautions you need to take.
What are the key things the EA expect to see in a site Fire Prevention Plan?
Fire Prevention Plans (FPP) allow operators to assess the risk of fi res occurring at sites that store combustible waste, and put measures in place to manage risk.
EA guidance has three main objectives: • Minimise the likelihood of a fi re happening • Aim for a fi re to be extinguished within four hours
• Minimise the spread of fi re within the site and to neighbouring sites
In the event of a waste fi re at a site, how do the EA manage the investigation?
The Fire and Rescue Service would work to complete an initial investigation to establish the root cause of the fi re. The EA would then establish if the fi re was as a result of a permit breach, or due to an irregularity with the Environmental Management System (EMS) or Environmental Permit.
What happens when an EA Offi cer visits our site?
EA visits are usually unannounced, and involve a general inspection to assess how well you and your site are complying with your detailed permit conditions. However, we may book a visit if there is something we specifi cally want to discuss.
Whatever the circumstances, you need to ensure you are keeping the appropriate records such as waste transfer notes and/or hazardous waste consignment notes, as these will required during our visit.
If you are receiving complaints; having problems complying with your permit conditions or intend to change the way you do things on site, then we would be happy to visit your site to provide advice and guidance.
With a current focus on Waste Crime, what things should operators be especially vigilant about?
Operators of sites should ensure they only accept waste that has been correctly described, properly packaged, and transported by legitimate carriers with appropriate registration.
They should be wary of people who off er unrealistically low charges to dispose of residual wastes. If it sounds too good to be true, it probably is.
Which agencies are responsible for environment management in other parts of the UK?
SEPA: Scottish Environmental Protection Agency NRW: National Resources Wales NIEA: Northern Ireland Environment Agency
In addition, HSE are joint regulators for Control of Major Accident Hazards (COMAH), and local authorities regulate planning and elements of waste duty of care.
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