Waste Management Licensing Regulations - Licensing

Licensing

On April 6, 2008, the Waste Management Licensing Regulations were replaced for England and Wales by the Environmental Permitting Regulations 2007. There are no longer separate regulation regimes for waste management and PPC (Pollution Prevention Control) activities, with both being regulated by way of Environmental Permits.

In order to obtain a licence certain conditions must be met. These fall into 3 categories which are aimed to ensure that waste management is in the hands of "fit and proper persons".

• Technical competence

This generally requires involvement of the Waste management training board WAMITAB.

there is a requirement that managers of the facilities have obtained the relevant Certificate of Technical Competence (CoTC) in which there are a number of levels.

• Relevant offences

That the company, or persons acting for the company, should not have any summary convictions relating to provisions of regulations affecting the industry. A licence can be subsequently revoked if a licence holder has ceased to be fit and proper by reason of his having been convicted of a relevant offence.

• Financial Provision/Security

The applicant would not be regarded as fit and proper if it appears to the waste regulation authority (WRA) that:

He has not made financial provision adequate to discharge the obligations arising from the licence

he either has no intention of making it, or is in no position to make it

As the provision is based on licence conditions, which are variable depending upon the operation, financial provision will be variable. In the case of landfill operations these funds will also be expected to cover the post-closure period where continuing expenditure might be expected for: monitoring replacement of pollution control equipment, and site restoration.

Security (usually in the form of insurance) must also be provided to cover eventualities that would be likely to have higher costs than those planned for in the ordinary course of business, e.g. failure of a landfill containment causing pollution of water courses.

The issues of risk are discussed between all parties involved in the application, i.e. the applicant, WRA and the provider of the cover to decide:

What event would trigger payment

What specific works or other measures are to be covered

The amount of the appropriate cover

Ultimately the WRA needs to be satisfied that adequate cover for risks has been provided; to reinforce this it may be included as part of the licence condition.