The Waste Management Licensing Regulations 1994
The Waste Management Licensing Regulations 1994
Summary
The Waste Management Licensing Regulations (1994 and amendments) is the legislative document setting out the procedure for obtaining a licence. It also identifies a number of activities that are excluded from requiring a licence or that are exempt from licensing.
Anyone dealing with waste on site (i.e. storing it, sorting it, recycling it) will either need to obtain a waste management licence, or to register the activities being undertaken there as exempt from the requirements of waste management regulations.
These regulations have been combined with the Pollution Prevention and Control regulations in England and Wales and now come under the new Environmental Permitting regulations.
Implications
Need to obtain waste management licence, which can be costly and requires time.
Overlaps
The Waste Management Licensing (Water Environment) (Scotland) Regulations 2006 combine the permitting regimes for waste and water. This means that if anyone is charged with a water pollution offence they will not be allowed to apply for a waste management license.
Opportunities
This presents great opportunities for using recycled products, as the legislation makes allowances for a certain amount of recyclable material which can be stored and treated without a licence. This list specifically identifies ‘Articles to be used for construction work', and allows for up to 100 tonnes of recycled construction products to be stored without licence, providing this is done so in a safe container, and for no longer than one year.
This legislation is beneficial for manufacturers using recycled products, as they will also not require a license.
Guidance
The 1994 regulations can be accessed at: http://www.opsi.gov.uk/si/si1994/uksi_19941056_en_1.htm
The 2005 amendment is available at: http://www.opsi.gov.uk/si/si2005/20051728.htm
Further guidance on the regulations can be found on the Environment Agency's website where it is covered under the Environmental Permitting Regulations.