Pemits, consents etc. should be reviewed regularly to consider whether there is scope to benefit from wider changes.
Recent, and proposed, legal developments provide operators of waste management facilities with an ideal opportunity to do just that.
How far is too far?
The proximity principle, originating from the European Waste Framework Directive and adopted in planning and SEPA policy, aims to ensure that waste is disposed of or recovered in one of the nearest appropriate installations and has been a key consideration in the consenting of waste management facilities. As a result, many existing facilities have conditions restricting the areas from which waste can be received and treated.
However, the revised Annex B to the Zero Waste Plan and a recent court judgement suggest that the proximity principle is unlikely to feature prominently in waste management facility consent applications in Scotland while there is a significant national shortfall in required facilities.
Do your permits, licences etc. have a control restricting the areas from which you can receive and treat waste?
If yes, then there might now be scope for applying to lift or relax that restriction. This could give greater flexibility and scope for winning contracts from further afield, as well as making a greater contribution to Scottish Government targets.
Would you like to reduce your regulatory and administrative burden?
The Regulatory Reform (Scotland) Bill seeks to provide proportionate and flexible regulation which focuses on areas of risk and outcomes.
Some of the key proposals include:
| a single type of permit to cover water, pollution prevention and control, waste management and radioactive substances; |
| joined-up permits consisting of a single permit which could potentially cover (i) a major time-limited construction project; (ii) the carrying out of various activities at a number of different sites; and (iii) different activities at a single site; and |
| corporate permits which would regulate a company's sites and activities as a whole. Corporate permits could also be used to provide for voluntary commitments that a company wished to make, over and above the regulatory requirements. |
These proposals could have numerous benefits, such as having one set of monitoring and reporting requirements and containing controls which are more clearly linked to the activities and risks of a particular site or sites.
Could you take advantage of these anticipated new forms of permit?
The proposals also include the potential for accredited permits which would place a lighter administrative burden on operators through annual reporting and independent audits in place of prescriptive monitoring and emission limits.
Accredited permits are not likely to be in place as soon as some of the other proposals and are likely to be trialled in advance of any full roll out. However, they do provide an incentive for maintaining and improving environmental performance in the meantime.
The Bill is at Stage 1 of the Scottish Parliament legislative process. Now is the time to start thinking about whether you can take advantage of the proposed changes.
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