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A new fixed penalty for the waste duty of care

08 February 2018
Mining and Minerals | DWF
A new consultation has been launched by DEFRA aimed at strengthening the regulator’s assessment and enforcement abilities so as to raise the standards of operator competence across all permitted waste sites.

A new consultation has been launched by DEFRA aimed at strengthening the regulator’s assessment and enforcement abilities so as to raise the standards of operator competence across all permitted waste sites.

In a proposal which is of relevance to all waste operators, it is suggested that the most effective way to tackle poor performance is for regulators to intervene at the permit application stage. Amongst other proposals, the consultation looks at:

  • widening the scope of offences, behaviour and relevant persons that regulators can take account of when assessing competence;
  • requiring all permitted waste operators to manage and operate in accordance with a written management system;
  • requiring permitted waste operators to demonstrate technical knowledge of their waste site and provide details of the Technically Competent Manager;
  • requiring the operator of any permitted site to be financially capable of running their waste business and provide financial security.

You will quickly appreciate that there are serious implications of the above, particularly the financial security requirements, akin to those seen in the regulation of Transport Operator Licenses.

In addition to the above, the consultation also proposes introducing a fixed penalty notice for household duty of care offences such as fly-tipping, seen by many as a positive development in this area. The consultation is also seeking views on how to improve household awareness of the waste duty of care.

Should you wish to discuss the details of this consultation or feed into our response, please contact a member of the Environmental Team.

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