LAWR

RDF actions to be taken will be welcomed by the majority of stakeholders, how- ever there is one statement in "Next Steps" stated for Section E RDF Market that could be counterproductive: "The Environment Agency will consider the option of requiring operators applying for a permit to demonstrate they have a suitable end-user contract in place for their outputs as part of its revised procedures for assessing applications for environmental permits." Waste crime involving the illegal storage of RDF is a growing concern for the industry and stakeholders are fully supportive of measures to mini- mise criminal involvement in a rapidly expanding market. However, particular- ly for the smaller operators, evidence of one-to-three-year contracts before they have even established a new facility may lead to difficulties and risks to their business models. If it also became a requirement to evi- dence end-user contracts on a fairly reg- ular basis to retain their Environmental Permit, this could lead to permits essen- tially being temporary. Whilst a change to the permitting regime may have the desired impact in terms of reducing criminal activity, it may have a not so desirable conse- quence on the smaller operator and has the potential to restrict the market to the larger players if it is one of the main criteria for obtaining and maintaining a permit for RDF preparation and storage. There are a variety of other actions set out in the Defra response which appear well targeted to control the problem of rogue traders. These include increase interventions by the Environment Agency on permit compliance and RDF storage times, revised procedures for assessing operator competence and charging for clean-up costs. The industry is hoping that these measures will be rapidly implemented to allow legitimate operators to contin- ue to move waste up the hierarchy in a responsible manner, while not creating difficulties in securing new contracts in what is becoming just part of estab- lished waste management practice in the UK. Linda Ovens is an associate director at Amec Foster Wheeler. • To work with the industry, the Environment Agency and the Devolved Administrations to consider a possible definition for RDF. • To work with the industry to consider a possible treatment standard for RDF including what it should cover. • To consider the potential costs and burdens to operators resulting from introducing a definition and treatment standard. DEFRA's NEXT STEPS WILL BE: January 2015 Local Authority Waste & Recycling 19

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