seekingcounsel
I’M going to look at the storage of mixed waste and the reliance on environmental permitting exemptions, namely exemption S2.
The usual and costly approach is that an environmental permit is required for the storage of mixed general waste where it has been transported, and kept from the place or site where it was originally generated.
Such mixed waste, for example, could be refuge or waste from commercial activities, which in accordance with both permitting and planning requirements, has to be stored under cover - until such time as it is processed.
However, the processing or treatment of such waste may be costly in relation both to permitting and planning requirements.
As a tip, operators can look at the scale of their operation and reliance on storage exemptions. The principal ones are exceptions S1 and S2 – with the more relevant permit an S2 exception.
What may be of most interest to waste operators would be that if, for instance, an S2 Exemption was applied; this would allow an Operator to carry out the storage and construction of demolition waste, which could be re-used. It is important to note the storage must be without treatment before it is moved to another site to be re-used.
However, applying for an exemption is more cost eff ective than applying for a permit, so there are still nevertheless key conditions which have to be met. These are:
• Each type of waste must be stored separately • Waste must be stored in a single place • The storage of waste is pending recovery elsewhere
THE RIGHT SIDE OF THE LAW
S2 exemption cost eff ective
Philip W. Jones is a member of New Bailey Chambers in Liverpool, and has been a practicing Counsel for many years. He was employed by the Environment Agency as a lawyer, and heads a practice on regulatory, environmental and planning issues.
Waste should not be stored for longer than the specifi ed time period. Each time limit is dependent on the type of waste, and the key conditions. Types of wastes and tonnage limitations that can be stored under an S2 exemption, can be obtained from the Environment Agency’s guidance.
Waste operators should also be aware the use of an S2 exemption does not allow the operator to register this exemption to increase storage capacity at a place where another treatment under another exemption is taking place.
This includes a T1 (cleaning, coating, spraying or coating relevant waste) or a U activity (as set out in the guidance). Nevertheless, operators can see that registration of an S2 exemption does provide a more cost eff ective and quick way of dealing with environmental requirements or regulations, provided their activity is covered by the correct exemption.
Vigilance will surely pay benefi ts
IN November 2017 the Environment Agency targeted fi fteen sites in a one-day raid in the Somerset/Avon region, and found six illegal sites and unauthorised disposals (including burning).
I am not sure whether this is a regional led or national crackdown on waste crime, but it is certainly a developing theme in targeting waste operators, and something readers may need to be vigilant about.
While the desire publically has been to conduct investigations into waste crime by visiting legitimate sites and reviewing that permits are up to date, there can be considerable upheaval (caused when part of an operation dealing with a particular area of waste is targeted in this way).
Operators can easily be caught out working to an incorrect permit when diff erent forms of waste are accepted on site, as Phil mentions in his article this month.
Permit lapses identifi ed
Or there can be permit lapses identified at regular monthly inspections by the Inspector.
Whilst the industry must applaud the efforts of the EA targeting illegal operators, as this is a priority, the problem can still affect the company or individual who has a legitimate business. They may simply have been unfortunate in their dealings with other polluters, who are not the ones bearing the brunt of the prosecution.
22 SHM February, 2018
Dominic McNabb is an experienced solicitor in private practice with MJP solicitors. He has over 20 years’ experience defending individuals and companies, in both criminal and regulatory matters.
YOU CAN CALL HIM DIRECTLY: 0773 3264226 - OR EMAIL:
dominic.mcnabb@
mjpsolicitors.co.uk
Being vigilant, having a robust system in place, and the timely review of any EA interventions by a suitably qualifi ed legal representative, is crucial these days.
I am fi rmly of the view the targeted businesses are those who require most assistance legally, as they appear to be an easier target for EA investigations and subsequent prosecutions. This applies specifi cally where a company perhaps haven’t considered obtaining legal representation in advance of problems.
I am not suggesting it is a requirement which will stamp out waste-related crime, but I do think it should be an important if belated New Year resolution for companies to obtain professional advice as a complement to any existing measures in place.
www.skiphiremagazine.co.uk
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