The Environment Agency (EA) has published two more regulatory position statements in its response to the COVID-19 crisis.
The EA has relaxed the rules on waste transfer notes to help the waste sector with social distancing and has said it will not take enforcement action where an obligated packaging producer fails in their requirements as a result of COVID-19.
On waste transfer notes, this removes the need to sign and hand over paper copies of waste transfer and consignment notes in person, provided the conditions are met.
Operators must give or receive all the information and data normally provided in a note before the waste transfer or at the time of the transfer – but not later.
Condition 1
You must make sure the appropriate person fills in the relevant sections of the waste transfer note or consignment note for each waste transfer. You do not need to sign, or get a signature, in the signature box.
Instead of a signature the responsible person should provide their full name, date of birth and contact number.
Condition 2
If you are transferring or receiving waste, you do not need to physically hand over (or receive) the waste transfer or consignment note.
But you must give (or receive) all the information and data normally provided in a note. This must be done before the waste transfer or at the time of the transfer – but not later.
Condition 3
For each waste transfer you must send or receive (as appropriate) the completed paper copy (without the signature) of the waste transfer or consignment note. You must do this as soon as possible and not later than 10 calendar days after the waste transfer has taken place.
You must keep a record of any waste you transfer or receive during the period of time you use this COVID-19 RPS. These records must include all the information and data required by the waste transfer note and consignment note.
Obligated packaging producers
In a regulatory position statement (RPS), the EA also says it will not take enforcement action or charge an additional fee where an obligated packaging producer fails in its requirements as a result of COVID-19.
Obligated packaging producers are usually required, by 7 April each year, to register with the EA, either directly or through a compliance scheme, and provide complete and accurate information with the application.
If obligated packaging producers do not meet these requirements, or they provide false or misleading information, the EA can take enforcement action and charge an additional late registration fee of £110, and a re-submission fee of £220.
We are pleased that the Environment Agency has formally recognised the operational and administrative challenges that many businesses and obligated packaging producers are facing at this extraordinary time
The EA RPS states that the EA will not take enforcement action or charge an additional fee where an obligated packaging producer has either not registered, or registered but provided inaccurate or incomplete information.
They must have been unable to comply with these requirements because of coronavirus and the measures the government has introduced.
Jon Brookes, head of partnerships at recycling compliance scheme Ecosurety, said: “We are pleased that the Environment Agency has formally recognised the operational and administrative challenges that many businesses and obligated packaging producers are facing at this extraordinary time, due to the restrictions and impacts arising from COVID-19 preventing registration taking place by 7 April.”
“Ecosurety is continuing to work closely with affected producers to relay their challenges and concerns to the Environment Agency, and welcome the opportunity to assist them in registering prior to 7 July and ensuring that the UK has a more accurate picture of its packaging recycling obligations.”
The statements come after the EA said that because of COVID-19 restrictions, it will allow waste facility operators to “temporarily store more waste” than their permit allows – a move the ESA says will relieve “some of the pressure facing waste facility operators”.
