Are you ready for the waste exemption changes?

 New regulations changing waste exemptions were introduced on 6 April 2010. They affect the types of waste operation that are exempt and the rules which control them.

The information below will help you find out about the regulations that control waste exemptions and what types of waste operation are listed as exempt.

Registration of all but one of the exemptions is free and lasts for three years. To continue operating for longer than this you will need to renew your registration

How do I find out if my waste operation is exempt?

Step 1 – Decide, using the guide below, what category your waste operation falls into. Make sure you have also read and understood the important information under ‘Before you register’.

Step 2 – Use the links under  waste exemption categories to find a list of operations which fall under each category. These are all listed by number and have a one line description.

Step 3 – If the short description matches what you want to do, click on that exemption to find a full description and our guidance.

Step 4 – Use the guidance and description to help you decide if the exemption covers what you want to do. Check the details carefully. You need to be sure that you can always work within the limits and conditions and you will not cause pollution, nuisance or harm to human health.

Step 5 -  Follow the steps to Register your new waste exemption. We will provide confirmation of your registration after which you may start straight away. You can register several different exemptions at one place. Make sure you read the guidance on ‘place’ below.

Click here for the exemption table and when the changes are going to happen.

 There are four  main Waste exemption categories

• Treatment
• Disposal
• Storage

See net Regs for full details:

 http://www.environmentagency.gov.uk/business/topics/permitting/115492.aspx

Environmental Permits

•  Environmental Permitting is a regime that controls the impact of business activities transfers that could affect human health or the environment.
• You must have an environmental Permit before you start operating a regulated facility.
• Environmental Permitting has enabled the combination of different permitting regimes.
• Some old permits have now been converted to environmental permits as well.

There are two types of permits; these are standard permits and bespoke permits.  Standard permits are cheaper, quicker and easier to apply for.

 Bespoke permits are more expensive and take longer to be issued. This type of permit contains site specific conditions and should be applied for if the operations run at your business are the following:

•  Not covered by standard rules or you do not want to apply for a standard permit
• Could have a high impact on the environment
• Are innovative or complex.

 If you already have more than one existing environmental permit then they can be combined into a consolidated permit. However these permits can only be consolidated if they are from the same regulator, have the same operator and cover.

 If you start operating a regulated facility before being issued a permit then you could face going to prison or a heavy fine. You should also check to find out if you will need any other license, registration or permit before setting up and operating your facility.

 To apply for an environmental permit, you must complete a form that is provided by your local environmental regulator. You can apply for a permit if you are the operator of a regulated facility. The cost of an application will depend on the nature of your facility and the amount of time an application will take to be processed will also depend on how complex it is and whether it needs public consultation.

The government is revising the list of waste activities that are exempt from environmental permitting.

Draft regulations have been published and are expected to come into force on 6 April 2010

Who will the revised waste exemptions affect?

The new regulations will affect you if you:

• Operate a waste recycling, recovery or disposal business
• Currently operate under an exemption
• Operate under an EA low risk position.

If you have an environmental permit, you may find that you only need an exemption under the new regulations

Low Impact environmental activities,

If you carry out waste activities that are relatively low impact you may be exempt and you may need to:

• Register an exemption for an exempt waste operation

• Simple exemptions will need to be renewed every three years.

What is an exempt waste operation?

There are a range of waste activities that may be exempt from environmental permitting, including:

• Composting biodegradable waste for cultivating mushrooms
• Crushing, grinding or other size reduction of waste
• Cleaning or coating waste packaging, containers and textiles
• Storing waste securely
• Treating waste to recover materials
• Burning waste in an exempt incinerator at the place where the waste was produced
• Storing waste electrical and electronic equipment (WEEE) for recovery at another place.

Non-hazardous waste exemptions and hazardous waste exemptions have changed see EA website for further details.

Register your exemption

There are only two main types of exemptions.                                                  (simple exemptions & complex exemptions)

If your activity is exempt from permitting you may need to register it with the Environment Agency.

If you want to register a simple exemption you must complete notification form WMX00.

If you want to register a complex exemption you must complete a notification form for your specific exemption. For example, you must complete notification form WMX19 if you want to register an exemption for construction waste under paragraph 19.

Most complex exemptions must be renewed every year. If the risks are too high, the EA may refuse to register your activity as exempt and you will need to apply for an environmental permit.

Environmental permitting in the future

Environmental permitting is being extended to cover other existing permitting regimes in the future.

• Waste carriers & brokers registrations                Summer              2010
• Waste discharge consents                                       April                    2010
• Groundwater Authorizations                                 April                     2010
• Radioactive substances regulation                       April                     2010
• Water abstraction & impoundment licenses      April                     2011

It will also be used to put into effect new permitting requirements in future EU directives