We have noticed a rise in cases of the Environment Agency checking compliance with waste exemptions, specifically the U1 exemption (Use of Waste in Construction). These compliance checks could be linked to the recently announced ‘taskforce’, dedicated to tackling organised waste crime.
If you are registered for a U1 or other exemption, you may receive a letter from the Environment Agency requiring you to provide specific information regarding waste exemptions registered to your business. Examples of these questions could be;
- Who is providing the waste being imported?
- Who is carrying/depositing the waste?
- Purpose of the exemption. i.e. what work is being carried out?
You must respond to the Environment Agency letter by the date provided and you could also be subject to a site assessment to check compliance with any registered exemptions.
As the transferor or transferee of waste, you are required to keep a written description of that waste for a 2 year period from the date the waste was transferred.
Under powers provided by Section 34(5) of the Environmental Protection Act 1990 and Regulation 35 of the Waste (England and Wales) Regulations 2011, the Environment Agency can ask you to produce copies of these written descriptions.
