Waste management licence is now called Environmental Permit in England. It authorises the operator to operate a “regulated facility” (regulation 13(1) Environmental Permitting (England and Wales) Regulations 2010 (EPR) 2010), where the operator is the one who has control over the facility (regulation 7 EPR 2010). An example of regulated facilities is waste operation – the disposal or recovery of waste, not carried out at an installation (part 1(2) EPR 2010). This means it is an offence to undertake waste disposal or recovery operations without an Environmental Permit unless the operations are exempt from the regulation.
What is waste?
The UK adopted the definition of waste from the Waste Framework Directive (WFD) 2008 – “any substance or object which the holder discards or intends or is required to discard”, where the “holder” is the person who produces the waste or is in possession of it. A substance is discarded if it is disposed of or subject to a recovery operation (Criminal proceedings against Euro Tombesi and Others ). Recovery involves using waste to replace other non-waste materials that would otherwise have been used to fulfill a particular function (Article 3(15) WFD 2008) and disposal is any operation which is not recovery even if it results in a secondary consequence (Article 3(19) WFD 2008).
Does Lily need an Environmental Permit?
Due to the pollution of the site, there is a reasonable possibility of the existence of a contaminant on the land. The procedures that Lily has to go through to use the excavated material for landscaping will differ depending on whether it is uncontaminated such that it can be used without harming human health or the environment and in particular,...
... middle of paper ...
...-waste material and that it does not undermine the WFD’s aim to protect human health and the environment, the recovered soil will no longer be regarded as waste. Therefore, the temporary storage pending use and the re-use of the recovered soil on the site will not be subject to an Environmental Permit.
In conclusion, whether an Environmental Permit is required will depend on the category that the material falls into:
1. Capable of being used on the same site without treatment
2. Surplus to the requirement, which requires disposal off-site as waste
3. Not capable of being used on the site and requires recovery on-site or off-site for re-use
Lily will not require a permit for the first two categories as long as she does not use any surplus soil on her site. For the last category, she does not need a permit unless the recovery operation is carried out on her site.
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