Reforms Tackle Waste Crime Loophole Exploitation

UK Gov

Stricter background checks to be introduced for waste carriers

New reforms are set to tighten the net on waste criminals with tougher sentences for those illegally dumping waste, and advanced background checks to help put rogue operators out of business.

As part of the major crackdown on waste criminals, underpinned by the government's Waste Crime Action Plan , laws being laid this week will require waste handlers to prove they are qualified to transport waste.

The current registration system is broken and outdated, relying on a basic registration process with limited identity and background checks. This has been exploited by rogue operators with a poor track record of dumping waste and leaving a huge clean-up bill.

The new and tougher permit-based system will be brought into force in 2027, and require waste handlers to undergo identity, criminal record and technical checks before receiving a permit. They will also need to display their permit number in advertising, including on their vans, making it easier for the public to report unlicensed operators.

For those mishandling waste, they will now face up to five years in prison. The move to permitting will also give the Environment Agency stronger powers to revoke permits and issue enforcement notices.

If someone pays to have their rubbish taken away, they should be confident it won't end up in a field a week later. These reforms will give households peace of mind their waste is being handled correctly and punish those who break the law.

Waste Minister Mary Creagh said:

Waste cowboys have abused the system for too long, blighting our countryside and cities alike.

Through our Waste Crime Action Plan, we're introducing rigorous background checks for waste traders, shutting down corrupt operators and kicking them out of the industry for good.

This is just one measure we're introducing to stamp out waste crime, with law breakers now facing up to five years behind bars thanks to tougher penalties.

Philip Duffy, Chief Executive at the Environment Agency, said:

Waste crime is evolving, but so are we. These reforms give us the tools we need to fight back.

With stronger powers to revoke permits and issue enforcement notices, we will move faster to shut down rogue operators and protect communities from the damage waste crime causes.

The public are our eyes and ears. If you see fly-tipping or suspect an unlicensed operator, you must report it.

These changes come as part of the government's new  Waste Crime Action Plan which sets out a wide-ranging crackdown on waste criminals, from those dumping rubbish on high streets and roadsides to operators running large illegal waste sites. These measures will strengthen regulations and make it harder for waste criminals to operate, as well as introducing stricter penalties for those caught attempting to abuse the system.

This legislation follows recent announcements on the game-changing digital waste tracking service and powerful legislative changes under the Policing and Crime Act that mean fly-tippers risk losing their licence under tougher court powers.

If you see fly-tipping or suspect illegal waste activity, report it anonymously to Crimestoppers on 0800 555 111 or at crimestoppers-uk.org. 

Kate Johnston at the independent charity Crimestoppers said:

Waste crime damages our communities, harms the environment and often funds wider criminal activity. We welcome any measures that make it harder for criminals to operate and easier to hold them to account.

The public play a vital role in this, if you know or suspect someone is involved in large-scale waste crime, you can speak up anonymously to Crimestoppers. Your information could make a real difference in keeping your community and countryside safe and free from harm.

Dan Cooke at the Charted Institution of Wastes Management (CIWM) said:

It's good to see these strong and practical measures being implemented to target cowboys and crooks operating at the fringes of our sector. We welcome this significant step as part of the government's wider Waste Crime Action Plan.

CIWM and the UK's professional resources and waste sector have been calling for this loophole to be closed for some time, so kudos to the government and regulators for committing to this positive change.

We all have a responsibility to stay vigilant, and to report suspected illegal waste tipping and transporting. This should be made easier when these changes become law.

Notes

The key changes that will be brought into force in 2027 will include: 

  • Registration to permits - Operators will move from a simple registration system to a permit-based system, meaning they must actively demonstrate they meet requirements to operate, rather than just registering their details. 
  • Enhanced background checks - All operators will be required to undergo identity and criminal record checks, helping to prevent organised criminals from entering the sector. 
  • Technical competence - Operators must demonstrate they are competent to transport or make decisions about waste, a requirement that does not exist under the current system. 
  • Stronger enforcement powers - The Environment Agency will have greater powers to revoke permits, issue enforcement notices. The permit system will be self-funding, with permit fees covering the cost of regulation. 
  • Penalties - There are currently no custodial sentences for illegally transporting or dealing in waste. This SI will introduce penalties of up to five years' imprisonment.  
  • Permit number display - Operators will be required to display their permit number in advertising, including branding on vans, making it easier to identify and report unlicensed operators.
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