Consultation on proposals to tackle crime and poor performance in the waste sector & introduce a new fixed penalty for the waste duty of care

Closes 26 Mar 2018

Part A: Raising the standard of operator competence at permitted waste sites

Part A of this consultation seeks views on proposals to strengthen the regulators’ assessment and enforcement of operator competence to raise the standard of competence across all permitted waste sites.

After completing this page you will return to the contents page.  Please then complete any or all of Parts A, B and C followed by the Consultee Feedback page. 

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Proposals

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1. Do you think widening the definition of relevant offences will enable the regulators to make a more informed decision about operator past performance?

2. Do you think the Serious Crime Act 2015 and the Public Order Act 1986 should be added to table 1?

Table 1 List of relevant offences for permit applications for waste activities and installations

 

Offence

Control of Major Accident Hazards Regulations 1999

Control of Major Accident Hazards Regulations 2015

Control of Pollution (Amendment) Act 1989: Section 1, 5 or 7

Customs and Excise Management Act 1979: Section 170 and 170B (for environmental/metal theft related offences only)

Environment Act 1995: Section 110

Environmental Permitting (England and Wales) Regulations 2016: Regulation 38

Environmental Protection Act 1990: Section 33, 34, 34B and 59

Food and Environment Protection Act 1985: Section 9

Fraud Act 2006: Section 1 (for environmental/metal theft related offences only)

Hazardous Waste (England and Wales) Regulations 2005

Hazardous Waste (Wales) Regulations 2005

Legal Aid, Sentencing and Punishment of Offenders Act 2012: Section 146

Pollution Prevention and Control (England and Wales) Regulations 2000

Proceeds of Crime Act 2002: Sections 327, 328, 329, 330, 331 & 332 (for environmental/metal theft related offences only)

Producer Responsibility Obligations (Packaging Waste) Regulations 2007

Scrap Metal Dealers Act 1964 (for environmental/metal theft related offences only)

Scrap Metal Dealers Act 2013 (for environmental/metal theft related offences only)

Theft Act 1968: Sections 1, 8, 9, 10, 11, 17, 18, 22 & 25 (for environmental/metal theft related offences only)

Transfrontier Shipment of Waste Regulations 1994

Transfrontier Shipment of Waste Regulations 2007

Vehicles (Crimes) Act 2001: Part 1

Waste Electrical and Electronic Equipment Regulations 2006

Waste Electrical and Electronic Equipment Regulations 2013

Waste (England and Wales) Regulations 2011: Regulation 42

Water Resources Act 1991: Section 85, 202 or 206

 

3. Do you think it should be made clearer that regulators can take spent offences into account in exceptional circumstances?

4 . Do you think that corporate bodies should be treated differently from individuals and the regulators should be able to consider the convictions of corporate bodies?

5. Do you think that ensuring the regulators can take account of poor behaviour will enable the regulators to make a more informed decision about operator past performance?

6. Do you think that widening the definition of relevant person will enable the regulators to make a more informed decision about operator past performance?

7. Do you think that it would be beneficial for all waste permit holders to operate in accordance with a written management system?

8. Do you think that including an explicit requirement in the EPRs for permitted waste sites to demonstrate technical competence through a scheme approved by government will address the current gap in technical competence?

9. Do you think that inserting a requirement into the EPRs for operators to inform the regulators of the TCM at their waste site will address the current gap in technical competence?

10. Do you think the current competence schemes should be amended to include a TCM registration process to address the current gap in technical competence?

11. Do you have any information about the proportion of waste sites that would employ a TCM, rather than training a current employee?

12. Do you think that an independent report that rates business solvency and risks will enable the regulators to confirm that operators are financially able to meet their permit obligations?

13. Do you think that all waste site operators or only higher risk operators should be required to make financial provision?

14. What risk criteria do you consider should be taken into account when determining which waste operations should be required to make financial provision?

15. Do you think the proposed basis for calculating the amount of financial provision would be sufficient?

16. Do you think that regulators should be able to extend financial provision in exceptional circumstances?

17. Do you think the level of required financial provision should be reduced for wastes with significant and demonstrable recovery values?

18. Do you think that it is appropriate for operators to agree the mechanism for making financial provision with the regulator?

19. Do you think it is beneficial for financial institutions to be involved in the holding and management of financial provision funds?

20. Do you think that alternative funding should be found to cover the costs of managing sites in the absence of the operator?

21. Do you think that operators of landfill sites should report more frequently on current and projected works at their site and the state of their financial provision fund?

22. Have you experienced an increase or a decrease in criminality and poor performance in the waste sector over the last few years?

23. Overall, how effective do you think Options 2 and 3, as described in the impact assessment, would be to tackle criminality and poor performance in the waste sector?

What is your preferred option - select one preference

24. Do you think that any of the proposals will impose additional costs on yourself or your organisation?

25. Do you thing that the proposed analytical approach appropriately covers all potential costs and benefits that would arise from implementing the proposals?

26. Do you think that any of the costs and benefit covered in the impact assessment should not be accounted for in the costings?

27. Do you have any evidence that would support the calculation of benefits or costs of the operator competence proposals to business?