Civil Engineering Reference
In-Depth Information
Duty holders are required to:
comprehensive working plan may help to prevent delay
in granting the licence and could also lead to less
restrictive conditions being imposed.
During consideration of licence applications, the
application form will be put on the public register although
this may be restricted on grounds of commercial confi den-
tiality. The Environment Agency must also be satisfi ed that
the applicant is a 'fi t and proper person' in that:
➤
Stop waste escaping from their control and store it
safely and securely to prevent pollution or harm
➤
Keep waste in a suitable container - loose waste on
a lorry or in a skip should be covered
➤
If waste is given to someone else, the duty holder
must check that this person is authorised to take
the waste - see below
➤
Where waste is transferred to someone else, the
duty holder must describe the waste in writing and
complete, sign and retain a copy of a transfer note
for the waste.
➤
They have made adequate fi nancial provision to
cover licence obligations
➤
A technically competent person will be managing
the licensed activity.
The Environment Agency will also consider whether
there have been any previous convictions for relevant
offences. Once a licence is issued, the licensee must
comply with the licence conditions at all times and the
Environment Agency will make visits to check this.
Authorised persons to whom waste is transferred must:
➤
Ensure they are authorised to take the waste
➤
Ensure they obtain a written description of the waste
➤
Complete and retain a copy of a transfer note for the
waste.
15.7
The Fire and Rescue Service Act
2004 (FRSA)
Authority for handling waste
The following are example of persons who may be
authorised to handle waste:
The FRSA applies to England and Wales only, with the
exception of the provisions relating to pensions. For the
main part, the Act does not extend to Northern Ireland.
Both Scotland and Ireland have their own similar Acts.
The FRSA repeals the previous legislation, which
had been in force since 1947. The purpose of the Act
was to modernise the structure and responsibilities
of local authority Fire and Rescue Services. The Act is
divided into the following parts:
Part 1 - Fire and rescue authorities
(sections 1 to
5): determines which body is the fi re and rescue author-
ity for an area, and provides for the combination of two
or more fi re and rescue authorities by order. Fire and
rescue authorities may be metropolitan administrations
or regional or county local governments.
Part 2 - Functions of fi re and rescue authorities
(sections 6 to 20): sets out the duties and powers of fi re
and rescue authorities.
Part 3 - Administration
(sections 21 to 31):
provides for the preparation of a Fire and Rescue
National Framework setting out the strategic priorities
of the Fire and Rescue Service, and for the supervision
of fi re and rescue authorities. It makes supplementary
provision for the Secretary of State to provide equipment
and training centres for fi re and rescue authorities.
Part 4 - Employment
(sections 32 to 37): covers
employment by fi re and rescue authorities, including the
creation of negotiating bodies to determine the terms
and conditions of employees, and pension schemes.
Part 5 - Water supply
(sections 38 to 43): places
duties on fi re and rescue authorities and water
➤
Council waste collectors - the duty holder does not
have to do any checks but if they are not a house-
holder, they will still need to complete a transfer note
➤
Registered waste carriers - carriers who are regis-
tered with the Environment Agency. Details of their
authorisation will be on their carrier's certifi cate of
registration
➤
Exempt waste carriers - charities and voluntary
organisations may be exempted by the Environment
Agency
➤
Holders of waste management licences - the licence
will specify what waste the holder is licensed to
handle
➤
Exempted businesses - the Environment Agency
may grant exemptions to certain businesses, e.g.
those recycling scrap metal
➤
Authorised waste transporters - persons authorised
to receive waste for transport only.
Authorised waste handlers must be licensed by the
Environment Agency and their licence will specify the
conditions that they must take to ensure that their activi-
ties do not cause pollution of the environment, harm to
health or serious detriment to local amenities.
In submitting an application for a licence to handle
waste, the applicant must submit a formal application
and prepare a working plan describing how the licensee
intends to prepare, develop, operate and restore
(where relevant) the site or plant. The submission of a
