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Questions received from those attending the Street Academy

Question One

Hi, Ian

Recently I attended the two day enforcement training course for the above which I found very useful and informative thanks. We were given two manuals each, a handy bag sized quick reference guide and a larger detailed A4 sized one, is it possible to have some additional copies sent on to me.

I believe that my authority had four places booked onto this training and since I was the only one available to go I am assuming that there may be 3 unused copies of each manual. If these copies don’t exist could you please let me know the price of getting these printed.

I look forward to hearing from you soon.

Cheers

Scott Buchanan

Scott

The unused places on the first round of enforcement training courses were taken up by other members of the Capital Standard group. Those who attended were of course supplied with the manuals.

It is felt by the Capital Standards Group that one of the great values of the Street Academy was the interaction between candidates from different authorities and the opportunities for networking and that just supplying the manuals would not have the same effect.

It has been decided that a further series of Street Academy will be held later this year enabling all those that missed out the first time around to attend, and to allow those Authorities who want to send more of their staff to do so.

The details have not been agreed yet but when they have all members of the Capital Standard will be informed.

Ian

 

Question Two

 From: Bob Molinari,

Subject: REQUEST FOR INFORMATION RE S34 EPA 1990
Hello Ian

It is Bob Molinari, I wonder if you could help me.  During our course Manjit stated that a producer of Commercial waste could take their waste to a registered waste station. I and Dave Quigley did not agree with this and Manjit came back and produced a document that stated that in fact they could transfer their own waste. If at all possible could  you send me a copy of that document or state where it can be found. This is very urgent and I would appreciate a quick response.

Regards Roberto Molinari

Hi Bob

The document was the 'code of practice for sect 34' and the wording was on page 56 it says

" ii. The registration of waste carriers

D.7 Subject to certain provisions, section 1(1) of the Control of Pollution (Amendment) Act 1989 ("the 1989 Act") makes it an offence to transport controlled waste without being registered as a waste carrier. The requirement to register applies to any person who transports controlled waste which that person has not produced themselves, to or from any place in Great Britain in the course of any business of his or otherwise with a view to profit. For this purpose, "transport" includes the transport of waste by road, rail, air, sea or inland waterway. It should be noted that construction (which includes improvement, repair or alteration) and demolition contractors would have to be registered as carriers if they wished to transport such waste, even if they had produced it themselves, and the transport of such waste when not registered would constitute a breach of the duty of care. The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 199141 require the Agencies to establish and maintain a register of waste carriers; and set out the basis on which the registration system operates. Guidance on registration is provided in DOE Circular 11/9142."

After consulting DOE circular 19/91 the situation appears to be: -

A person carrying controlled waste that they have produced themselves does not need to register as a waste carrier unless the waste is building or demolition waste.

This is based upon the Control of Pollution (Amendment) Act 1989

Section 1.(1) of which states

"Subject to the following provisions of this section, it shall be an offence for any person who is not a registered carrier of controlled waste, in the course of any business of his or otherwise with a view to profit, to transport any controlled waste to or from any place in Great Britain."

However section 1.(3) states

"The Secretary of State may by regulations provide that a person shall not be required for the purposes of this section to be a registered carrier of controlled waste"

The relevant regulations are - Statutory Instrument 1991 No. 1624 The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 -

Section 2.(1) Exemption from registration says

"The following persons shall not be required for the purposes of section1 of the 1989 Act to be registered carriers of controlled waste—

(b) the producer of the controlled waste in question except where it is building or demolition waste;

However the producer of the waste must of course have a waste transfer note from the site to where it was taken otherwise they will be in breach of the section 34 duty of care. A transfer note can be issued for waste being recycled.

I hope that this clears up your question all the relevant Acts, regulations and codes of practice are available on the internet from the DEFRA and HMSO websites

All the best

Ian

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