Environment Agency publishes temporary extension for waste storage

The Environment Agency has published a Regulatory Position Statement (RPS) regarding the volumes of waste which a business is authorised to store under an existing permit.  Under specific and controlled conditions the RPS enables such a business to temporarily exceed their storage limits if they cannot arrange for it to be removed because  of COVID – 19 restrictions.

Please note however that it is necessary for a business – which has an environmental permit to store authorised waste – and wishes to rely on the RPS to notify the Environment Agency by email in advance of such reliance. In addition they are required to fulfil a number of conditions which include demonstrating that any storage temporarily in excess of their permitted limits is as a result of the COVID-19 restrictions.

Businesses seeking to rely upon the RPS so as to exceed their current permit limits must also demonstrate that they have taken all reasonable steps to comply with their current permit which will include evidence of contingency planning, consideration as to whether any excess storage would pose a risk to human health and the environment and not accepting any further waste.  They are also likely to require landlord approval to increase any storage.

The Environment Agency currently plans to withdraw the concessions granted by the RPS in September 2020.

Should you require any further assistance please contact Jane Haviland.

Jane Haviland is a solicitor specialising in environmental law in the Business Services Team at Barker Gotelee Solicitors.

Ipswich Environmental Law Solicitors – for more information on our range of legal services, please call the team on 01473 611211 or email bg@barkergotelee.co.uk