Revised guidance regarding provision and assessment of technically competent management at licensed waste management facilities

Closed 27 Nov 2020

Opened 2 Nov 2020

Contact

07887830816

nationalwaste@sepa.org.uk

Results updated 21 Jul 2021

In November 2020 we consulted publicly on a revised guidance to the provision of technical competence at waste management facilities.

The key points were raised by stakeholders during the consultation period were as follows:

  • The guidance reflects that a technically competent (TC) person is not required when the EU skills CMS has been accredited but it needs to make it clear that should the TC person be removed from the scheme, or cease using it, then a technical competent person will have to be agreed with SEPA.
  • A paragraph to cover closed sites needs to be included.
  • SEPA needs to clarify exactly what we mean by poor performance.
  • A paragraph is needed to reassure that we will only look at compliance history where it is directly linked to the TC person and not as a result of issues which they have had no direct control over.
  • The guidance needs to allow for an individual TC person to respond to SEPA, regarding concerns of their previous compliance history.
  • SEPA needs to change the emphasis on the type of interview to make video-conferencing the norm but always allow the option for face-to-face interviews.
  • SEPA needs to make it clear that bespoke assessments are not the norm and are site specific, non-transferable and formal qualifications will generally always be expected.
  • A paragraph should be inserted to explain how the bespoke assessment procedure is consistent, with competent experienced officers carrying out the interviews routinely, and outlines the type of information we are expecting back.
  • Make it clearer what type of qualifications we are expecting a TC person to have.

As a result of the key points and recommendations above, changes have been incorporated into the revised guidance document to address them all. The new document now replaces all versions of WST-G-002 previously published.

Overview

The Scottish Environment Protection Agency (SEPA) proposes to alter the existing guidance document, WST-G-002 Provision and assessment of technically competent management at licensed waste management facilities. The changes reflect the fact that SEPA will now assess technical competence on the basis of any known previous compliance history as well as on approved qualifications held or bespoke assessment undertaken, rather than focusing only on the latter as was the case previously. This change has been contemplated for some time to reflect SEPA’s view that compliance is non-negotiable and is underpinned by our One Planet Prosperity regulatory strategy.

Why your views matter

The requirement for a licence holder to provide technically competent management of the activities authorised by the waste management licence is part of the test of whether an applicant is a “fit and proper person” to hold a waste management licence. The term “fit and proper person” is defined in section 74 of the Environmental Protection Act 1990.

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Section 74(3)(b) of the 1990 Act deals with technical competence. It provides that a person shall be treated as not being fit and proper to hold a waste management licence if it appears to SEPA that “the management of the activities which are or are to be authorised by the licence are not or will not be in the hands of a technically competent person”. From this, it is clear that the technically competent person has to be in a position to manage the day-to-day activities authorised by the licence.

It is the responsibility of the applicant or licence holder to demonstrate to SEPA’s satisfaction how the particular nature of their management structure and control mechanisms satisfies the requirement to have technically competent management. SEPA must ensure that the provision of technical competence at waste management facilities is not compromised as the result of regular non-compliance. A 2018 appeal was supportive of the fact that the assessment of non-compliance is a relevant consideration in determining suitable technical provision at waste management facilities. 

For clarification the changes to the existing guidance are highlighted in bold text and we're seeking responses to the 10 questions on these changes.

Audiences

  • Local Authorities
  • Responsible Authorities
  • Industry
  • Waste

Interests

  • Regulated activities