Waste Exemptions Reform – Government Approach Confirmed

Defra has confirmed upcoming reforms to the waste exemptions system, aiming to reduce environmental risks and illegal activity.

You may recall from our recent article, Waste exemptions reform consultation that the government invited the public and businesses to express their views on its proposed changes to the Environmental Permitting (England and Wales) Regulations 2016 (“the Regulations”) by way of a consultation issued by Defra. 

Following the conclusion of this consultation, Defra published its policy paper for England and Wales, Reforming the waste exemptions system which confirms the government’s approach to reforming the exemption system. As anticipated, the policy paper confirms changes to existing exemptions and also removal of some exemptions. Further details are included within the paper along with the proposed transition period for each exemption subject to change. 

In addition to changes to exemptions themselves, the government is introducing more general measures relating to waste exemptions, with the overarching aim of tackling criminal activity and risks to the environment. 

Prohibiting the use of waste exemptions in specified circumstances

In aiming to reduce the risk profile of waste operations, the government is seeking to prohibit the use of waste exemptions at or adjacent to permitted sites. 

In addition, a new concept of ‘direct link’ will be implemented, where an exempted waste activity is carried out adjacent to a permitted site and is either carried out by the same operator or uses the same staff, equipment or infrastructure.

Limiting the number of exemptions registered at a site 

The government is intending to make it clear within the Regulations that where there are multiple exemptions registered at a site, the storage limit for each waste type will be limited to the lowest limit of any of the exemptions registered, and it will not matter the order of which these exemptions are registered. 

Defra’s paper clearly identifies that combined activities pose a greater environmental risk, and thus should be regulated through a permit. The current system allows registration of multiple exemptions at a single site, which can result in a small-scale, low risk activities, amounting to a more complex and large-scale risk.

Requiring additional information to support effective regulation

With a view to increasing transparency and making regulation easier, there will be a compulsory requirement for operators to make and keep records available on request for all exemptions used, where presently the information on waste exemptions held is limited. 

Changes to individual exemptions

There will be a number of technical changes to waste codes and conditions to increase consistency across the system. This will also increase clarity regarding which waste types are covered under the exemptions. 

There will be a number of technical changes to waste codes and conditions to increase consistency across the system. This will also increase clarity regarding which waste types are covered under the exemptions. 

It is vital that businesses ensure they are appraised of the developments and changes on their implementation. 

Transitional arrangements: how will this work?

As a result of the Regulation reforms, some operators will be required to obtain environmental permits for activities which were previously covered by exemptions. Defra aims to allow reasonable time periods for operators to consider their waste management operations and their approach to compliance with the new regulatory requirements.

The reforms will be staggered, by implementing varied transitional dates by which each exemption will be reformed or removed. The transitional periods will range from 3 to 12 months for the regulatory changes to come into force. Operators will be able to operate under their existing exemptions until their respective transition periods expire.

Conclusion

Defra is yet to confirm when exactly the above reforms will come into force, stating that further details will be shared in due course. While the specifics are yet to be published, it is clear that the wide-ranging reforms will result in an increase in the need for environmental permits for waste operators. The onus will fall upon the operators to ensure compliance with the incoming reforms in line with the transitional periods. Overall, the proposed reforms appear to be tightening regulation to ensure exemptions are being responsibly used, to minimise the risks to the environment they can in some circumstances pose.