The next step

To the EA's Environmental permits: regulatory position statements

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Staying compliant

Unavoidable non-compliance. The Environment Agency (EA) has sent a letter to all businesses in the industries it regulates explaining its flexible approach to the way in which it will deal with so-called “unavoidable non-compliance” during the coronavirus lockdown. It urged businesses to take “all reasonable steps to comply with all relevant environmental legislation and prepare for any foreseeable impacts as far as practical to reduce the impacts on people and the environment.” But it also acknowledged that, given the constraints of lockdown, it would not be possible for everybody to be compliant, especially if it’s beyond their control to stay within the law.

Real meaning? The EA said an “appropriate regulatory response” would be considered for unavoidable non-compliance and would it refer to its enforcement and sanctions policy. This might mean publishing more Regulatory Position Statements (RPS) relating to any specific non-compliance. The EA has already published seven RPSs (see The next step ).

How do these work?RPS C8 , for example, allows you to bypass the normal stipulation for waste operators to sign and hand over paper copies of waste transfer and consignment notes in person unless they are registered on the electronic system. This RPS is in place until at least 30 June 2020. So, for each waste transfer, you will have to complete the paperwork and send it, without a signature, as usual no later than ten days after transfer has taken place. RPS C9 allows for packaging producers that might have failed to register with the compliance scheme before 7 April 2020. You won’t have to pay the £100 late registration fee, but you will have to register “as soon as reasonably practicable” and by 7 July 2020, giving an explanation as to why you missed the April deadline.

Tip. Don’t be tempted to let standards slip because you’re not seeing inspectors. Check to see if any RPSs cover your obligations and make sure you get on top of any administrative requests as normal.

For a link to the EA’s RPS guidance, visit http://tipsandadvice-environment.co.uk/download (EN 15.01.01).