From January 2014 there are revised rules being ushered in for those who are classified as waste carriers, which all businesses that fall into this category need to be aware of. The new rules introduce a requirement to be registered as a ‘waste carrier’ for any business that transports waste as part of its operations. Companies that arrange for waste from other businesses or organisations to be disposed of (or transported or recovered) need to register as a ‘waste broker’ and any business that is buying or selling waste, or using an agent to buy and sell waste, needs to obtain registration as a ‘waste dealer.’
The altered regime involves two new types of registration– lower tier registration and upper tier registration. The type of registration that is required will depend on the organisation involved – and on the type of waste in question - rather than on the amount or quantity of the waste that is being disposed of. Even if only a small amount of waste is being disposed of but the type of waste, or the company doing the disposing, means that the business falls into the upper tier, registration in the upper tier will still be required.
Lower tier registration applies to the following types of organisation:
1. Waste disposal, regulation or collection authorities;
2. Charities and voluntary organisations; and
3. ‘A carrier who only transports, a broker who only arranges for the recovery or disposal of, or a dealer who only deals in’ waste from agricultural premises, quarries or mines or animal by-products.
Any company or business that doesn’t fall into the category of lower tier registration will most likely to need to register for the upper tier. However, there are a number of exceptions and that those who fall within them don’t have to carry out any registration at all. These exceptions include householders who are carrying or transporting waste, situations where waste is being transported from one place to another within the same premises, circumstances where waste disposal is being carried as part of a specific marine operation, or where the waste carrying is not actually part of the business activities from which a business makes a profit.
It is not just waste management companies that need to register, any business that carries waste is consider to be a waste carrier. This also includes anyone who carries waste for someone else in the course of their business for example, builders, electricians, plumbers, hauliers.
There are time limits for the new rules and it is important that this registration is made before January 2014, in order for businesses to avoid prosecution. For those who are still not sure as to whether or not they need to register, or what type of licence they need to register for, the Environment Agency website has step by step guidelines that are designed to help businesses work out which part applies to them – if any at all. There is no charge for lower tier registration, but for the upper tier the cost is £154, which lasts for three years. It is then possible to renew the upper tier licence for £105 for a further three years.
Whilst January 2014 might currently seem like rather a long way away, the registration process cannot be rushed. For most businesses, getting organised early will be the key to avoiding prosecution for not being correctly registered.