Definition of Waste Service resumes

The Environment Agency (EA) has resumed its Definition of Waste Service. The service was temporarily suspended last September due to permit application backlogs which were exacerbated by the COVID-19 pandemic.

As reported in our previous blog on the topic, it was originally envisaged that the service would be resumed in February 2021, but on 3rd February, the EA confirmed that the service would remain closed until at least April 2021.

On 31st August, the EA published guidance on how to check whether material is waste. The guidance includes a link to its Definition of Waste Service, which includes guidance on how to use the service, a copy of the End of Waste request form, and guidance on how to complete the form. Those seeking an opinion on whether a material is waste, a by-product or achieved end-of-waste status can complete the form. The service costs £125 an hour including VAT. The guidance advises that it can take between three to 18 months for the EA to complete an assessment and form an opinion on waste status, depending on the complexity of the case. Costs can range from £1,500 to £15,000.

The guidance also advises customers that any information submitted could potentially be disclosable under Freedom of Information (FOI) and Environmental Information Regulations requests and accordingly, those applying for an opinion should be mindful of this when making a request. It should also be noted that operators cannot appeal against the definition of waste service’s opinion on the status of a material. Should an operator disagree with the opinion, they can make a complaint about the service received where applicable, but there is no route of challenging the decision via the EA.