Waste Management Licensing Regulations 1994
The Regulations set out the procedure for obtaining a licence and also deal with revocations, suspensions, appeals, public registers and the definition of fit and proper persons (COTC).
The Regulations underpin the entire waste management licensing system and provide details on the key concepts outlined under Environmental Protection Act (EPA) 1990 Part 2.
The Regulations amend the definition of waste from the definition within Section 75 of the EPA 1990 and also contain information on the exemptions from requiring a waste management licence.
A licence granted under the Regulations will specify the type and quantity of waste that can be received by the licence owner and may contain special control conditions.
IPC processes that do not result in the final deposit of waste on land are exempt from the Regulations.
Licences may only be issued to fit and proper persons. A fit and proper person is defined in Section 74 EPA 1990. Considerations include:
- matter of technical competence
- financial provision
- limited conviction of relevant offences
- The Regulations detail the relevant offences and technical competence issues.
A waste holder should always refer to the Waste Management Licensing Regulations to ascertain whether a WML is required. Alternatively, advice should be sought from the Environment Agency.
If a company is exempt from needing a waste management licence, they need to ensure that the waste manager receiving their waste has a WML and that the licence permits them to receive the type and quantity of waste involved.
Failure to comply will also lead to a breach of the duty of care.
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