Select Committee on Public Accounts Twenty-Fifth Report


Conclusions and recommendations

The respective roles of the Agency and the Department

1.  The Department's review of exemptions, waste licensing and guidance to the Agency, which started in 1998, should now be completed promptly and a system of regular review of the waste regime put in place to maintain its effectiveness.

2.  The Agency lacks reliable data on fly-tipping incidents to enable trends to be identified and addressed. The Agency and the Department need to consult with the Local Government Association and other interested parties to develop common reporting conventions and systems for monitoring the frequency, type and significance of fly-tipping incidents nationwide. The Agency should also work with the Department and local authorities to develop plans to combat the increase in fly-tipping predicted by the Agency in the next few years.

The licensing of waste sites and activities

3.  The Agency's target for processing licence applications within four months of receipt may not be achievable in complex or controversial cases, but the Agency should deal with more straightforward applications within this timescale. To better assess its performance the Agency should set separate targets for processing different types of applications.

4.  The Agency should review its relationship with planning authorities, clarifying for the public the extent to which it will, when considering applications for waste licences, take into account factors also considered by planning authorities, such as the proximity of proposed waste sites to housing.

5.  The Department should consult with the Agency and the Food Standards Agency on the need for research into the potential for fungal spores from licensed composting sites to contaminate nearby crops.

The number and value of the Agency's inspections of waste sites and activities

6.  The Agency should review the risks inherent in exempt sites, and implement a programme of inspection of the riskiest sites, particularly when illegal waste disposal at exempt sites has been reported to the Agency. It should encourage members of the public to report problems at all waste sites, for example through a special telephone line.

Enforcement and prosecution

7.  The Agency should be transparent with operators and the general public about the enforcement action it will take in response to different types of licence breaches and offences.

8.  The Department should consider whether the introduction of spot fines for less serious breaches of licence conditions and minor offences should be recommended, to allow the Agency to take action where offences are not serious enough to warrant the cost of a full prosecution.

9.  Where an operator is convicted for deliberately or persistently breaching licence conditions or environmental legislation, the Agency should consider revoking or suspending all the operator's existing waste licences. Judicious use of the threat of revocation or suspension might enable the Agency to secure improvements in the operators' management practices, and if necessary to bring about a change of operator.

10.  The Department should discuss with the Department of Trade and Industry whether the Agency should be given preferential creditor status so that if an operator becomes bankrupt, funds remain available for future maintenance of closed waste sites.


 
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