§ Dr. Richard TaylorTo ask the Secretary of State for Environment, Food and Rural Affairs what regulations there are and how they can be enforced by(a) the Environment Agency and (b) local councils, to prevent developers dumping contaminated waste on sites that are being recontoured and are not licensed tips. [77241]
§ Mr. MeacherThe disposal and recovery of waste is regulated primarily through the Waste Management Licensing Regulations 1994, for which the Environment Agency is the competent authority and primary regulator. Paragraph 9 of schedule 3 of the 1994 regulations allows certain types of material to be spread to land for the purposes of reclamation or improvement under an exemption from waste management licensing. This material includes soil, rock, ash or sludge, or waste from any dredging of inland waters or arising from construction or demolition work. The material can only be spread provided it meets the requirements of Article 4 of the Waste Framework Directive ie to ensure protection of the environment and human health.
Any activity being carried out under this exemption must be registered with the Environment Agency, and failure to adhere to the 'general rules' of the exemption is an offence that is punishable by a fine if convicted in court.
The Government will be consulting shortly on amendments to some exemptions (including paragraph 9). These amendments are being designed to tighten the requirements and to prevent abuse of the controls.
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Operator Location Size: t/yr Planning status Permit status NEWLINCS Developments Grimsby 56,000 Granted IPC authorised—PPC application to be submitted Onyx Portsmouth 165,000 Granted after appeal IPC authorised—PPC application expected this year Onyx Marchwood, Southampton 160,000 Granted IPC authorised—PPC application being determined Surrey Waste Management Capel, Surrey 116,000 Granted, but subject to judicial review PPC permit issued Grundons Slough 400,000 Granted IPC authorised—PPC application expected Onyx Chineham, Surrey 110,000 Granted PPC permit issued HLC Waste Management Services Neath, Port Talbot 85,000 Granted PPC permit issued Waste Recycling Group Hull 150,000 Application refused—planning appeal in PPC permit issued Along with the Environment Agency, local authorities have more general powers under section 33 of the Environmental Protection Act 1990 in relation to fly tipping, ie depositing controlled waste without a waste management licence ore registered exemption. In the event of a conviction, severe penalties are available to the courts including an unlimited fine or imprisonment of up to five years.