§ Mr. PikeTo ask the Secretary of State for the Environment, Transport and the Regions (1) what assessment his Department has made of occasions where424W incorrect waste landspreading has taken place during the last five years; and if he will list the relevant sites; and if he will make a statement; [31303]
(2) what period of notice for the pre-notification requirement for waste landspreading he plans to set; and what plans he has (i) to require the submission of information on (a) the agricultural and ecological impact on the proposed site and (b) the proposed methods and equipment to be used for the landspreading and (ii) to introduce a fee payable for each pre-notification made to fund the Environment Agency's periodic inspections of the landspread sites; [31301]
(3) what powers the Environment Agency have to prevent or suspend landspreading; and if he will make a statement. [31302]
§ Angela EagleUnder section 33 of the Environmental Protection Act 1990, it is unlawful to deposit, recover or dispose of controlled waste without a waste management licence, contrary to the conditions of a licence or in a way which causes pollution of the environment or harm to human health. Where someone purports to be carrying out an activity which is exempt from waste management licensing but fails to comply with the conditions of the exemption, that person may be prosecuted under section 33 of the 1990 Act for carrying out a licensable activity without a licence. The Environment Agency is responsible in England and Wales for the enforcement of these provisions.
The conditions of the current exemption for the landspreading of specified wastes are set out in paragraph 7 of Schedule 3 to the Waste Management Licensing Regulations 1994. The Water Research Centre and the Agricultural Development and Advisory Service (ADAS) have been commissioned to develop further the criteria that determine in what circumstances the spreading of particular wastes benefits agriculture or result in ecological improvement. The original research project has been extended by the Environment Agency and is now expected to be completed by the end of April 1998.
We intend to review the scope and conditions of the current exemption in the light of the results of the research project with the aim of ensuring that the objectives of protecting the environment and human health continue to be fulfilled. The Environment Agency has made no recommendations to the Department on the revision of the current exemption; and we have been advised that no such recommendations will be made until the research project has been completed and the Agency has considered its findings. For these reasons, no decisions have yet been taken on matters such as pre-notification or the submission of information.
Most landspreading of waste is carried out under the terms of the exemption from waste management licensing to which I have referred. I am advised that the Environment Agency does not maintain a central record of occasions or sites on which waste may have been landspread in a manner which is inconsistent with the terms of the exemption.