MARCO MUIA: DIRECT AND TO THE POINT www.oaktree-environmental.co.uk


No escape


IN October I stressed the importance of having an up-to-date Environmental Management System (EMS) and having an appropriately qualifi ed Technically Competent Manager (TCM).


The reason for giving that advice wasn’t just that it is good practice; it was also based on the fact that pending legislation would remove any ambiguity and make having an EMS and TCM mandatory. For example, some older permits issued before 6 April 2008 do not have a condition requiring a site to have a TCM or to have an up-to-date management system (or ‘working plan’, as it was known then).


The anticipated legal changes to make EMS and TCM requirements mandatory were made on 22 November 2018 by The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 and come into force on 7 April 2019. The explicit requirements are inserted into Schedule 9 to the Environmental Permitting (England and Wales) Regulations 2016.


Most waste permits granted before 6 April 2008 that do not have a condition requiring a written management system or do not have a TCM requirement are subject to the conditions summarised below, until their permit is varied to include such a condition.


Management systems


The operator must manage and operate the waste operation in accordance with a written management system, which identifi es and minimises the risks of pollution arising from the waste operation, including those:


• arising from operations (including maintenance);


• arising from an accident or other incident;


• arising from a failure to comply with or from a contravention of their environmental permit;


• identifi ed following a complaint; or


• arising from the closure of the operation.


50 SHWM February, 2019


The operator must, from time to time, review the written management system and keep it up to date and keep a written record of activities carried out in accordance with the written management system and any review or update.


Technical Competence


The Technical Competence condition requires most waste operators to give information to their regulator via their quarterly or annual returns. The exact detail is not stated but will relate to whether or not the operator complied with the requirements of either of the following standards:


• CIWM/WAMITAB Operator Competence Scheme (v.9, September 2018), published by WAMITAB.


• Competence Management System: Requirements (v.4 April 2015), published by Energy and Utility Skills.


Off ences


It is not an off ence for a person to fail to comply with the conditions summarised above. This is probably to allow the regulator some discretion when enforcing them as they will still be able to issue Regulation 36 notices requiring compliance


with the conditions or suspension notices. Failure to comply with an enforcement notice is an off ence. Given the number of permits that will be aff ected this makes sense as there is no way either the Environment Agency or Natural Resources Wales could cope with the immediate workload if non-compliance was an off ence. I would expect sites with a poor compliance history to be targeted fi rst if they do not comply.


By the time you read this many of you will already have had a letter from your regulator. If any of you are unsure of the requirements, please call or email me with your questions and I will answer them in next month’s column.


Marco Muia BSc (Hons) MSc MCIWM is the Managing Director of Oaktree Environmental Limited. He specialises in all aspects of waste planning, environmental regulation and training, including COTC/OCC assessment. You can contact Marco on 01606 558833 if you have any questions about this article or e-mail him at: marco@oaktree-environmental.co.uk and follow him on Twitter @wastechat.


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