The Waste Management Licensing Regulations
1994 amended 1997
The Regulations set out the procedure for obtaining a licence and also
deal with revocations, suspensions, appeals, public registers and the
definition of fit and proper persons (COTC). They introduce a system for
the registration of waste brokers.
The Regulations underpin the entire waste management licensing system
and provide details on the key concepts outlined under Environmental Protection
Act (EPA) 1990 Part 2.
The Regulations amend the definition of waste from the definition within
Section 75 of the EPA 1990 and also contain information on the exemptions
from requiring a waste management licence.
A licence granted under the Regulations will specify the type and quantity
of waste that can be received by the licence owner and may contain special
control conditions.
IPC processes that do not result in the final deposit of waste on land
are exempt from the Regulations.
Exclusions from the need to hold a licence are detailed in schedule 3,
although in most cases waste management licence exemption is required.
Licences may only be issued to fit and proper persons. A fit and proper
person is defined in Section 74 EPA 1990. Considerations include:
- matter of technical
competence
- financial provision
- limited conviction
of relevant offences
The Regulations
detail the relevant offences and technical competence issues.
A waste holder should always refer to the Waste Management Licensing Regulations
to ascertain whether a WML is required. Alternatively, advice should be
sought from the Environment Agency. Most exemptions exclude special waste.
In certain situations, exempt processes may still be required to comply
with certain conditions and be registered with the Environment Agency.
If a company is exempt from needing a waste management licence, they need
to ensure that the waste manager receiving their waste has a WML and that
the licence permits them to receive the type and quantity of waste involved.
Failure to comply will also lead to a breach of the duty of care.
The Waste Management Licensing (Amendment) Regulations, 1997 amend the
1994 Regulations with respect to the level of training required for a
person to be considered “fit and proper” to hold a waste management
license according the type of facility.
Article 16 of the Council Regulation 2037/2000 EC on substances that deplete
the ozone layer requires the recovery of used controlled substances in
waste refrigeration and other equipment. These Regulations amend Regulation
12 of the Waste Management Licensing Regulations 1994 by adding a description
of plant for the collection or storage of a controlled substance from
waste items. This enables the Environment Agency to authorise mobile plant
for the recovery of ozone depleting substances from waste refrigeration
equipment and other items.
The following waste management activities are to be transferred from the
Waste Management Licensing regime to Integrated Pollution Prevention and
Control (IPPC):
1. All landfill sites (except those closed before 31st October 1999)
2. Waste treatment plants (excluding landfills and incinerators) disposing
of hazardous waste or waste oils with a capacity exceeding 10 tonnes per
day
3. Biological or physico-chemical treatment plants disposing on non-hazardous
waste with capacity of more than 50 tonnes per day
4. Plants with a capacity exceeding 10 tonnes recovering hazardous waste
by means of use as fuel, oil refining, reclamation of inorganic materials
or recovering components used for pollution abatement
The Environment Agency will regulate these installations.
Please note:
These statements are for your assistance and may not be complete for your
company’s particular circumstances. If in any doubt you are advised
to consult your local Groundwork office or the Environment Agency to ensure
that any action you take is within the law.
Environment Agency:
Northwest Regional office (Warrington) – 01925 653 999
Sub-regional offices:
Northern area office (Carlisle) – 01228 25151
Central area office (Preston) – 01772 339882
Southern area office (Sale) – 0161 973 2237
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