The Environment Agency has initiated a 10-week consultation to gather feedback from the waste, water, and farming sectors on proposed changes to waste charges. This consultation runs from 11 November 2024 to 20 January 2025, with the aim of introducing new regulatory charges and updating existing ones to recover the full costs of the Environment Agency’s services. The proposed changes are set to be implemented from April 2025. 

Key Proposals

The consultation focuses on four main proposals:

1. Waste Levy: A levy of 10% on annual subsistence charges for certain waste permits is proposed to generate income to combat waste crime. The levy would introduce additional charges for activities regulated under the Environmental Permitting Regulations for waste operations. Specifically, a 10% additional levy will apply to annual subsistence charges for permits related to ‘waste transfer treatment’ and ‘landfill and deposit for recovery’.
2. Updated Time and Materials Charges (Hourly Rates): Hourly rate charging is used by the Environment Agency when additional time or material costs arise for specific regulatory activities not covered by the cost of an environmental permit. Adjustments to existing hourly rates (such as for unplanned events) as well as the introduction of hourly rates for certain supplementary activities (including for discretionary advice on voluntary remediation (legacy pollution)) are proposed. In addition, revised hourly rates under the following legislation are also proposed:
   1. water pollution incident activity under the Water Resources Act 1991;
   2. control of major accident hazards (COMAH) under the Control Of Major Accidents Hazards Regulations 2015; and
   3. planning activity under the Environment Act 1995, Planning Act 2008 and Infrastructure Planning (Fees) Regulations 2010 (as amended). 
3. Waste Fee for Intervention: A fee is proposed to cover the cost of investigating waste operations and resolving breaches. This new charge will apply where the Environment Agency reasonably suspects that a waste operation is breaching the Environmental Permitting Regulations or Environmental Protection Act 1990. The proposal is to charge operators at a rate of £100 plus the cost of any materials. 
4. Waste Exemption Charges: New charges are proposed to ensure waste exemptions are not used for illegal waste activities. The proposed charges include a registration charge and a compliance charge. For farmers, a reduced compliance charge is proposed for a set of 15 common on-farm waste exemptions. 

Addressing Waste Crime

A primary goal of these proposals is to combat waste crime, which causes over £1 billion in damages annually and undermines legitimate businesses. The revenue generated from the charges is intended to support stronger enforcement, better customer support, improved digital systems, and clearer guidance. 

Steve Molyneux, Deputy Director of Waste and Resources Regulation at the Environment Agency, emphasised the importance of these changes: "Our proposals will see more investment in our services, which is crucial in protecting legitimate businesses, tackling waste crime, and reducing environmental damage. We encourage interested parties to respond to help shape the future of their industry".

The Burges Salmon team is monitoring the proposals outlined by the Environment Agency and has extensive experience advising on waste and resource management. Please contact Michael Barlow at michael.barlow@burges-salmon.com or Victoria Barnes at Victoria.Barnes@burges-salmon.com of the Environment team if you would like to understand the potential implications of the proposals for your business or activities.