§ Ms Bridget PrenticeTo ask the Secretary of State for the Environment, Transport and the Regions what checks the Environment Agency makes before providing individuals with waste management licences and waste carrier licences. [148730]
Mr. Robert AinsworthUnder section 36(3) of the Environmental Protection Act 1990, the Environment Agency may reject an application for waste management licence if it is not satisfied the applicant is a "fit and proper person" or if rejection is necessary to prevent pollution of the environment or harm to human health. There are three components to the "fit and proper person" test: conviction for a relevant offence, technical competence and financial provision. Guidance on these provisions has been provided to the Environment Agency in Waste Management Paper No. 4 "Licensing of Waste Management Facilities"; and Waste Management Paper No. 4A "Licensing of Metal Recycling Sites".
Under section 3 of the Control of Pollution (Amendment) Act 1989, and Regulation 5 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991, the Environment Agency may reject an application for registration as a carrier of controlled waste if, among other reasons, the applicant has been convicted of a prescribed offence, and in the opinion of the Agency it is undesirable for the applicant to be authorised to transport waste. Guidance on the refusal by the Environment Agency of applications for waste carrier registration has been provided in DOE Circular 11/91 (paragraphs 1.27–1.47).