§ Mr. PikeTo ask the Secretary of State for the Environment (1) what representations he has received regarding problems caused by the spreading of waste paper sludge at Thieveley Pike, Cliviger, Burnley; [33620]
(2) if he will ensure that funds are made available immediately to repair the damage caused to ecologically sensitive areas by inappropriate schemes for waste spreading; [33619]
(3) what steps he has taken to ensure waste spreading on agricultural land is done in conformity with EEC directive 91/692; [33617]
(4) what steps he proposes to take to ensure waste spreading on agricultural land complies with environmental protection requirements; [33615]
(5) if he will make it his policy to ensure that the spreading of waste on water catchment areas for rivers and reservoirs and on ecologically sensitive areas is halted immediately; [33618]
(6) how many incidents have been reported of waste spreading on agricultural land being carried out using methods harmful to the environment; and if he will make a statement. [33616]
§ Mr. ClappisonOn 1 May 1994, the Government brought into force the waste management licensing provisions of part II of the Environmental Protection Act 1990 and the Waste Management Licensing Regulations 1994—S.I. 1994 No. 1056. The new licensing system is the main means by which the Government have transposed into national legislation the requirements of the amended EC Framework Directive on waste—Council Directive 75/442/EEC as amended by 91/156/EEC and 91/692/EEC.
It is an offence under section 33(1)(a) or (b) of the 1990 Act to deposit, recover or dispose of controlled waste without a waste management licence or contrary to the conditions of a licence exemption. It is also an offence under section 33(1)(c) of the 1990 Act to carry out these activities in a manner likely to cause pollution of the environment or harm to human health.
Article 4 of the framework directive has been transposed in paragraph 4(1)(a) of schedule 4 to the 1994 regulations. This provision makes it a relevant objective to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and in particular without:
- (a) risk to water, air, soil, plants or animals; or
- (b) causing nuisance through noise or odours; or
- (c) adversely affecting the countryside or places of special interest.
Exemptions from waste management licensing have been provided in regulation 17 of and schedule 3 to the 1994 regulations. Regulation 17(4) provides that the exemptions are valid only if the type and quantity of waste, and the method of disposal or recovery, are consistent with the need to attain the objectives set out in paragraph 4(1)(a) of schedule 4 to the 1994 regulations. 577W A person who purports to be carrying out an exempt activity but fails to comply with the terms and conditions of an exemption may be prosecuted under section 33(1)(a) or (b) of 1990 Act for carrying out a licensable activity without a licence; or, if appropriate, under 33(1)(c) of the 1990 Act.
Responsibility for the enforcement of waste management controls rests with waste regulation authorities and there is no requirement for incidents of the kind referred to by the hon. Member to be reported to the Department. The cost of repairing any damage arising from the inappropriate spreading of waste is a matter for the parties concerned.
In relation to the incident at Thieveley Pike, the Department has received representations from the secretary to Save The Moors From Open Cast and the Royal Society for the Protection of Birds.