§ Ms Bridget PrenticeTo ask the Secretary of State for the Environment, Transport and the Regions (1) what plans he has to improve the law in respect of the regulation of waste; [148720]
(2) which bodies are responsible for ensuring compliance with sections 33 and 34 of the Environment Protection Act 1990; [148873]
(3) what plans he has to take steps to ensure better compliance with sections 33 and 34 of the Environment Protection Act 1990; and if he will make a statement; [148724]
(4) what arrangements are made by the Environment Agency for checking that commercial premises comply with section 34 of the Environment Protection Act 1990. [148727]
Mr. Robert AinsworthThe Waste Framework Directive (75/442/EEC as amended) requires member states to ensure that waste is recovered or disposed of without endangering human health or harming the environment; and to take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal of waste. The Government have put strict controls in place to comply with these requirements and are satisfied that they fulfil the UK's obligations under the directive.
643WThe Environment Agency is a "competent authority" for the purposes of the directive and is responsible for the enforcement of most waste management controls—including section 33 of the Environmental Protection Act 1990. Action to ensure compliance is taken by the agency in line with its national enforcement policy—as published on its website http://www.environment-agency.gov.uk/ epns/epp.htm.
The duty of care imposed by section 34 of the 1990 Act is an essentially self-regulating system and no authority has a duty to enforce it—in relation to waste from commercial or other types of premises. However, the Environment Agency has a right of access to duty of care records under regulation 4 of the Environmental Protection (Duty of Care) Regulations 1991. The following advice on enforcement action is provided in DOE Circular 19/91:
35. It is envisaged that [the Environment Agency] will pursue breaches of section 34 and seek access to holders' records when they suspect either that waste has not been transferred to an authorised person (or a person for authorised transport purposes) or an actual or potential breach of section 33.We have no plans to transfer waste regulation functions from the Environment Agency to local authorities or to prescribe local authorities as "competent authorities" under the framework directive. We will consider on its merits any case made to us, on a national basis, for an amendment to the 1991 regulations to allow local authorities a right of access to duty of care records as waste collection authorities or principal litter authorities.
§ Ms Bridget PrenticeTo ask the Secretary of State for the Environment, Transport and the Regions what the estimated percentage is of waste carriers who do not have bona fide waste transfer notes. [148725]
Mr. Robert AinsworthThe Environment Agency has no estimate of the percentage of waste carriers who may be failing to comply with the requirements of the Environmental Protection (Duty of Care) Regulations 1991.
§ Ms Bridget PrenticeTo ask the Secretary of State for the Environment, Transport and the Regions (1) how many waste carriers in London have been prosecuted for failure to provide waste transfer notes in the last six years; [148726]
(2) how many prosecutions brought by the Environment Agency in the past six years have involved authorised waste carriers (a) in Lewisham and (b) in London. [148729]
Mr. Robert AinsworthThe records held by the Environment Agency do not separately identify waste carriers involved in prosecutions brought for contravention of waste management controls other than section 1 of the Control of Pollution (Amendment) Act 1989 (offence of transporting controlled waste without registering).
§ Ms Bridget PrenticeTo ask the Secretary of State for the Environment, Transport and the Regions what the percentage is of commercial premises in London which the Environment Agency estimates(a) do not have trade waste agreements under section 34 of the Environment Protection Act 1990 and (b) do not have adequate trade waste agreements. [148719]
644W
Mr. Robert AinsworthSection 34 of the 1990 Act makes no provision for trade waste agreements. However, section 45 of the 1990 Act imposes a duty on waste collection authorities to arrange for the collection of commercial waste if requested to do so by the occupier of premises in its area. No information on these matters is held by the Environment Agency because the arrangements made under section 45 are a matter for each waste collection authority.
§ Ms Bridget PrenticeTo ask the Secretary of State for the Environment, Transport and the Regions how many prosecutions brought by the Environment Agency for fly tipping in(a) Lewisham and (b) London resulted in waste licences being revoked. [148731]
Mr. Robert AinsworthThe term "fly-tipping" is not legally defined but is generally used to refer to the illegal disposal of waste on a site without either a waste management licence or a registered licensing exemption. In such circumstances the Environment Agency may prosecute under section 33 of the Environmental Protection Act 1990, but there is no licence in force for the land subject to fly-tipping, which the agency can revoke. The circumstances in which the agency may revoke a licence are set out in section 38 of the 1990 Act and section 41(6) of the Environment Act 1995.
§ Ms Bridget PrenticeTo ask the Secretary of State for the Environment, Transport and the Regions what arrangements the Environment Agency has in place for checking that waste carriers are authorised in accordance with section 52 of the Control of Pollution (Amendment) Act 1989. [148734]
Mr. Robert AinsworthThe arrangements made for checking that waste carriers are properly authorised are set out in section 5 of the 1989 Act (duty to produce authority to transport controlled waste) and guidance on the use of these provisions by the Environment Agency is provided in DOE Circular 11–91 (paragraphs 1.82–1.89).
§ Ms Bridget PrenticeTo ask the Secretary of State for the Environment, Transport and the Regions how many vehicles have been seized and crushed as a result of being involved with fly tipping in the last six years in(a) Lewisham and (b) London. [148732]
Mr. Robert AinsworthThe Environment Agency may seize and dispose of vehicles under the terms of section 6 of the Control of Pollution (Amendment) Act 1989 and the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991. Since its establishment in April 1996, the agency has used these powers as follows
(a) One vehicle has been seized in Lewisham and was sold under regulation 23 of the 1991 Regulations; and(b) Six vehicles have been seized in London. Four of these vehicles were returned under regulation 22 of the 1991 Regulations; and one vehicle was crushed and one was sold under regulation 23 of the Regulations.Figures for the period before April 1996 are not held centrally by the Environment Agency.