Reforming the waste carrier, broker and dealer system

The government is planning to reform the system of registration for waste carriers, brokers and dealers (CBD) to make enforcement more effective.   

1. The Terminology will change 

The current terminology around waste carriers, brokers and dealers will change to ‘waste controllers’, ‘waste transporters’ or ‘waste controller-transporter’.  The waste duty of care is not changing and waste producers are still required to ensure their waste is classified and managed correctly through its complete journey. 

a. Transporters 

Transporters are those who are instructed by a controller to move waste between locations without input on the end destination and classification.  Examples include: 

• hauliers 

• contractors 

• delivery drivers 

b. Controllers

Controllers are those who: 

• organise waste collection, its transportation or end destination 

• make arrangements for its assessment and ensure it has been classified 

• arrange the recovery or disposal of waste on behalf of others 

• buy or sell waste. 

Examples could include: 

• brokers 

• dealers 

• consultants 

• waste sites 

This includes those who do not take physical possession of the waste when performing those activities. 

c. Controller-transporters 

Controller-transporters are those who act as a controller but also transport the waste. 

Examples include: 

• waste sites that control and transport waste 

• skip companies 

• waste collection companies 

2. Change from ‘registration’ to an environmental permit 

The plan is to replace existing registrations with a ‘standard rules’ environmental permit or a registered exemption. 

There will be 3 permit types: 

• waste controller only 

• waste transporter only 

• a combined waste controller-transporter permit 

Each permit type will be differentiated according to  

• the activity carried out under the permit;  

• the scale of the operations undertaken; and  

• the type of waste carried by the permit holder. 

There will be additional tiers that take into consideration the type and volume of waste carried. 

3. Impact on smaller waste businesses 

The government has recognised the concerns about the possible impacts on smaller businesses and the tiered approach aims to ensure that those carrying large amounts of the most at-risk waste types will be distinctly identified and charged accordingly. These tiers will be differentiated to cover four levels of risk, ensuring that additional charges and permit conditions will reflect the risk of waste transported and controlled. 

Further detail on the types of standard rules permits and the conditions of these will be outlined in a subsequent Environment Agency consultation. 

4. Requirements for waste producers 

As noted above, under the waste duty of care, waste producers will still be required to ensure their waste is classified and managed correctly through its complete journey. They will not be required to apply for a permit or registered exemption. This applies as long as they are passing waste to a permitted waste site, a permitted waste controller or waste controller-transporter, or alternatively allowing an operator with a waste controller permit to make arrangements on their behalf. 

If they pass waste to an operator who only holds a waste transporter permit, then waste producers will either need a registered exemption or a controller permit to ensure their waste is managed correctly through its complete journey. If they are transporting their own non-construction and demolition or hazardous waste under a certain volume, then they will be required to register an exemption. 

5. Waste managed by people who produce it in the course of their business 

People who transport or control more than a certain volume of construction or demolition waste, or waste that is subject to a higher level of control, which is produced by themselves in the course of their business, will be required to apply for the relevant standard rules permit or register an exemption.  The Environment Agency will consult on the volumes that apply to different scenarios, and other details, as part of their standard rules permit consultation. 

People who only transport or control low levels of non-construction or non-demolition waste, produced by themselves in the course of their business should be allowed to operate under a registered exemption. This scenario would cover, for example, a plumber who uses rags to clear up some dirty water or the offcuts of pipework they brought onto site to fix a pipe. 

However, if a business removes third party waste produced in the course of their business they will be required to apply for a lower-level permit. This scenario is an extension of the one above with the addition of someone removing third party waste including waste created from materials that they have not brought onto the site themselves. An example could be a plumber taking away old radiators after fitting new ones. 

6. Agricultural waste 

Companies transporting agricultural waste, or those that offer a take-back service for empty containers and unused product, will be required to apply for a permit. 

Farmers transporting their own agricultural waste will only be required to operate under a registered exemption. 

7. Charging  

Charges will be set in line with the existing legislative charging framework for environmental permitting of a fee for determining an application and a subsistence fee for monitoring.  The overall fee will be paid up front, but the subsistence element will be refunded if the application is not successful.  Upon renewal, permit holders will pay a renewal fee and a further three years of subsistence. 

As with permits, registered exemptions will need to be re-registered every three years, most likely with a single, up-front payment. 

The Environment Agency will be consulting on the associated charges separately before these are finalised. 

8. Requirement to demonstrate technical competence for permitted activities 

a. Operator competence

The existing Environmental Permitting Regulations (EPR) contain a requirement for waste operators to demonstrate operator competence, of which technical competence is a part. 

As waste transporters and controllers will be moved into the EPR they will be subject to these requirements ie. they hold the correct level of technical competence. 

b. Introduction of mandatory technical competence 

Mandatory technical competence will be introduced for the permit holder and any nominated persons within the business.  Those who already hold competence for waste sites (for example, Technically Competent Managers) will be required to undertake additional transporter or controller competence, due to the differing nature of the elements of technical competence needing to be demonstrated. 

NOTE - those registering exemptions will not be required to demonstrate competence. 

c. Transition period for the introduction of competence requirements 

Anyone applying for a permit in the first year of the system going live will only be required to enter proof of their technical competence within one year of that go-live date.  From a year after the go-live date, evidence of competence will need to be submitted as part of any permit application. 

9. Advertising 

It will be a permit condition that permit numbers are displayed on advertising. Alongside a  condition for permit numbers to be readily accessible to the regulator or local authority upon the inspection of a vehicle. 

10. Implementation 

Once the new system is ‘live’, those with an existing upper-tier registration will be required to apply for the relevant permit when their registration is due for renewal, thereby naturally creating a staggered approach over three years. 

The EA will notify all current upper-tier registrants to make them aware of the changes and of the need to apply for a permit (or register an exemption if applicable) when their registration expires. 

Those with existing lower tier-registrations, where there is no requirement to renew, and who will be required to either register an exemption or apply for a permit, must do so within 12 months of the system going ‘live’. After this time, their lower-tier registration will cease to exist. 

New applicants (who do not already hold an upper- or lower-tier registration) will be required to apply for a permit or register an exemption (whichever is applicable) from the date the new system goes live.