CONTROL OF POLLUTION (SPECIAL WASTE) REGULATIONS: REVIEW (Hansard, 11 December 1985)

§ The Minister of State, Department of the Environment (Lord Elton)

The Government have completed their consideration of the report of the Joint Committee on the Control of Pollution (Special Waste) Regulations. They have taken into account comments received on the report and in particular those expressed in the Sixth Report of the Select Committee on Science and Technology. They have also carefully considered the views of the Royal Commission on Environmental Pollution. I am happy to say that the conclusions reached on the principal issues are broadly in line with the commission's approach.

The committee's report raises important issues not only on the control of those hazardous wastes ranking as "special" but also on the control of industrial and commercial waste generally. The Government accept its central conclusion, which is also reflected in the first report of the Hazardous Waste Inspectorate, that action is needed to ensure the more consistent and effective application of existing controls over disposals. Meetings have already taken place with representatives of both local authority associations and industry to discuss the immediate action needed by all concerned.

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But action to improve the application of the law as it stands will not be enough. We also have to improve the framework of control while avoiding the creation of new claims on resources. The Government propose therefore to bring forward amendments to the regulations, on the lines recommended, which will ensure that these cover all substances representing a significant risk to human life. In addition we shall want to consider extending these to cover particular substances which, while not dangerous to human life in the terms defined, are of substantial concern to the public on wider environmental grounds. My right honourable friend proposes to invite the local authority associations and industry to join in setting up a small expert group which will advise on the specific changes needed and keep the scope and application of the regulations under regular review. Any changes will also be the subject of wider consultation with environmental organisations.

The Government also accept the need to strengthen and supplement the wider framework of control over disposal of industrial and commercial waste. First, it is proposed to enhance the responsibilities of producers of waste so that they have a general obligation to take all reasonable steps open to them to secure its satisfactory disposal. It is right that all producers of waste who hand it over to others for disposal should be expected to show the same concern for its proper handling that responsibly minded producers already display.

Second, it is proposed to extend the powers of the licensing authorities for operators of heavy goods vehicles so that they can take into account offences under the Control of Pollution Act—for example, illicit dumping,—when exercising their functions of granting or reviewing licences. Similarly, we propose to extend the powers of local authorities so that they can take into account previous relevant offences when deciding applications for site licences. Third, it is proposed to strengthen the powers of local authorities to secure proper aftercare of waste disposal sites and to facilitate prosecution for breaches of licence conditions.

There remain two important issues on which there have been conflicting representations; whether all producers of industrial and commercial waste should be required to register with waste disposal authorities and whether all transporters and other handlers of such waste should be licensable by them.

The Government are not convinced that a requirement for registration of producers would be justified. It would be expensive both for industry and authorities and it is considered that it would not significantly improve enforcement of controls. It is nevertheless proposed to review the information needs and sources of authorities, and my right honourable friend is accordingly inviting the local authority associations to join with him in establishing a small working party to carry out this review in consultation with industrial interests.

It is also accepted that further steps are needed to curtail illicit disposal operations. The Government do not believe that it would be justifiable to introduce a system of licensing for all waste handlers. This could impose significant costs, and would create a confusion of jurisdiction with the arrangements for licensing 339WA operators of heavy goods vehicles. They do however consider it right to legislate for a simple requirement that all handlers of waste should have to register with each waste disposal authority in which they have an operating centre. My right honourable friend proposes to seek the views of the local authority associations and bodies representing industry on the details of such a scheme.

All these changes require primary legislation, and proposals for it will be brought forward at the earliest suitable opportunity. The opportunity will be taken also to make certain other amendments of the law, 340WA principally to put the Hazardous Waste Inspectorate on a statutory footing and to empower waste disposal authorities to charge costs of control of licensed waste disposers. This will ensure proper funding of the measures of control needed and will be consistent with the "polluter pays" principle.

Her Majesty's Government believe that these proposals, together with our current initative to get better standards of operational practice and enforcement, will make a substantial and lasting contribution to the more effective control over waste disposal and to the protection of the environment.