The EA has released a new Regulatory Position Statement (RPS C2) on waste storage limits during Covid-19, which runs until 30 September 2020 unless the EA extends it. After this date operators must comply with their permit.
Waste operators must usually comply with the waste storage limits in their environmental permits. However, this COVID-19 regulatory position statement allows them to temporarily exceed those limits if they cannot remove waste from their site because of coronavirus (COVID-19) restrictions. This COVID-19 RPS does not apply to radioactive waste or to mobile plant, and operators must notify the EA by email before using this COVID-19 RPS.
This COVID-19 RPS only applies if the operator can demonstrate that it needs to temporarily store more waste than the permit allows because of coronavirus (COVID-19) restrictions. It also only applies to wastes already authorised to be stored under the permit.
This COVID-19 RPS does not affect any of the other environmental legal obligations on the business, for example those under COMAH, hazardous substances consents or REACH
Operators must also be able to demonstrate that they have taken all reasonable steps to comply with the permit, including contingency planning to avoid or minimise disruption to business because of coronavirus, response planning to minimise the impact and duration of not being able to comply with the permit, and minimising how far they need to exceed the waste storage limits
The conditions imposed on the RPS are that the operator must:
- comply with all the other requirements of the permit
- stop accepting waste at the site if there is a risk to human health or the environment
- have written agreement from the landowner before increasing the amount of waste stored, if not the landowner
- notify the EA in writing, in advance of the types and quantities of waste to be stored over the permitted limits
- store all waste within the permitted site boundary
- keep all storage areas secure to prevent unauthorised access
- manage the wastes received on site on a strict rotation basis so waste received on the site first is removed from the site first and that wastes of different storage age are separated
- make sure all waste above the limits in your permit is removed from site within 3 months, unless the EA has agreed otherwise in writing – and in all cases by the expiry date of the RPS
- do a written review of the risks of storing additional waste and how it will affect any plans, for example the management system and fire prevention plan
- make a record of any changes made to plans and comply with them
- keep records to show that the operator has complied with the conditions in this COVID-19 RPS for 24 months – these must be available to the Environment Agency on request