Enviroman
Complexity of permit conditions is an issue for metal recycling firms
AS this month’s Skip Hire & Waste Magazine’s theme is scrap metal, I thought it would be worth looking at standard rules permits (SRPs) in England & Wales for scrap metal and end-of-life vehicle (ELV) sites).
If you’re thinking of applying for a permit, you should check if you comply with the standard rules for your activity - as this could save you thousands of pounds in fees.
The main theme with SRPs is you must meet locational criteria and be satisfi ed limitations don’t aff ect the operations you carry out. There is no right of appeal against conditions as they are standard, and if varied they become a bespoke permit.
The location requirements are standard: for example, operations must not be within 200 to 500 metres of a protected nature site, in a groundwater source protection zone, or within 50 metres of any well, spring or borehole which is used for drinking water.
If the environment around you changes and you cannot meet the standard rules, your operation could become bespoke (more costly).
If you want to future proof your operations there are now permits for both scrap and ELV activities under one permit (in the past two diff erent SRPs would be required).
Environment Agency (EA) The EA retains older rules and updates them for existing operators so new applicants have to apply for a new rule set, which is broadly the same with limited exceptions such as the fi re prevention plan (FPP) condition.
In Wales, the rules are continuously updated so sites of the same type have the same rules set. Confusing isn’t it - given both regulators follow Environmental Permitting (England & Wales) Regulations 2016.
The requirement to have a FPP has become the biggest part of permit applications in recent years.
The EA’s approach diff ers from NRW, in that those operators, that have an older SRP, do not have to comply with newer rules. For example, if we compare the FPP condition
30 SHM May, 2018
in the SR2012 No14 v2 for existing sites the condition states:
‘The operator shall: (a) following any fi re or if required by the Environment Agency, submit to the Environment Agency for approval within the period specifi ed a fi re prevention plan; (b) implement the approved fi re prevention plan, from the date of approval, unless otherwise agreed in writing.’
The newer 2015 No.18 for the same site type has less fl exibility stating: ‘You will follow the Fire Prevention Plan approved by the Environment Agency.’
If the environment around you changes and you cannot meet the standard rules, your operation could become bespoke (more costly).
NRW’s approach is to require all sites to have a written FPP, produced in accordance with current guidance. However, the standard condition is confusing as it leaves me wondering what to produce - as the fi rst part of the condition seems to be an absolute requirement, making the second part irrelevant.
Make your own mind up with this one: ‘The operator shall manage and operate the activities in accordance with a written fi re prevention plan using the current, relevant fi re prevention plan guidance.
The operator shall: (a) if notifi ed by Natural Resources Wales that the activities could cause a fi re risk, submit to Natural Resources Wales a fi re prevention plan which identifi es and minimises the risks of fi re; (b) operate the activity in accordance with the fi re prevention plan, from the date of submission, unless otherwise agreed in writing by Natural Resources Wales.’
If you are considering applying for an SRP, both regulators will engage in pre- application discussions so you can work out if you need an SRP or bespoke permit.
You will not need to prepare a risk assessment for SRPs as you have to accept the standard assessment prepared by the EA/NRW. Not that they are much use now, because the need to prepare a FPP requires extensive risk assessment, which goes beyond the standard one.
Operators should check the SRPs to see if they fi t with your existing/proposed operations. There are many sites with old permits that could benefi t from simpler conditions and cheaper fees, but may not have checked yet.
NRW’s website is helpful as you can download standard rules permits together with one click whereas
gov.uk requires each one to be downloaded individually.
All permits have a management system condition linked to a condition – so in addition to the FPP, a written management system is needed to be able to operate the site following issue of the permit. The permit application won’t be duly made without those documents.
Once the two documents are complete you need to complete the relevant application forms, and pay the application fee.
You will also need to state your technically competent manager (TCM) with the EA now asking what other sites the nominated person provides cover at.
MARCO MUIA Marco Muia BSc (Hons) MSc MCIWM is
a 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, e-mail him via:
marco@oaktree-environmental.co.uk Follow him on Twitter @wastechat
www.skiphiremagazine.co.uk
MARCO MUIA: DIRECT AND TO THE POINT
www.oaktree-environmental.co.uk
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