The Environment Agency (EA) is England’s environmental regulator. It is tasked with promoting sustainable development and protecting the environment from threats like pollution and flooding. It also works with businesses to ensure compliance with environmental regulations. For example, businesses that produce, transport and trade waste in England need to register with the EA, or in some cases apply for an environmental permit via the EA online service.
The Scottish Environment Protection Agency (SEPA), Natural Resources Wales (NRW), and the Northern Ireland Environment Agency (NIEA) perform similar functions to the EA in other parts of the UK.
Environment Agency powers
The EA has wide responsibilities over England’s water quality, water management, navigation and fishing. It also regulates air pollutants from large industrial processes, although air pollution deriving from transport is dealt with at the UK level. Land quality and waste management are the EA’s other major responsibilities, which are the focus of this article.
Land quality and waste management
The EA’s waste management responsibilities include the licensing of landfill sites, incineration facilities and recycling plants. It also regulates the movement of hazardous wastes such as harmful chemicals. Enforcing laws that protect the environment is another key part of the EA’s job. It has a range of civil sanctions at its disposal. Some breaches of the law may only receive a warning. Others can escalate to fines or, in serious cases, to prosecution and the initiation of criminal proceedings.
Waste carriers, brokers and dealers
Businesses need to register with the EA and pay a fee if they are ‘carriers’ that transport waste; ‘dealers’ that buy, sell or dispose of waste; or ‘brokers’ that arrange for others to buy, sell or dispose of waste. One exception to this rule are businesses that only transport waste they’ve produced themselves, in which case registration is free of charge. The details of all waste carriers, brokers and dealers appear on the public register and can be consulted online.
Applying for environmental permits
Businesses that use, recycle, treat, store or dispose of waste usually need to apply to the Environment Agency for an environmental permit, and pay a corresponding fee. The requirements for a permit depend on the waste activity. A ‘standard rules’ permit provides fixed rules for common activities. A bespoke permit meanwhile is tailored to the applicant’s business activities; it costs more and usually takes longer to obtain than a standard permit.
Before applying for a bespoke permit, businesses need to check that they meet the legal operator and competency requirements. They need to develop a management system and complete a risk assessment. They also need to design their facility to avoid and control emissions. It’s worth checking the technical guidance before applying as well.
Exempted activities need to register
For some activities that don’t require a permit, a regulatory position statement is needed. Even exempted activities need to be registered as exemptions. The EA also charges an annual subistence fee for the duration of an environmental permit. The size of the fee depends on the activity and type of permit.
Is the EA part of Defra?
The EA is sponsored by the Department for Environment, Food and Rural Affairs (Defra), meaning that it receives some funding from government to supplement the income it derives from the issuance of licenses and permits. However it largely operates independently of government, with its own supervisory board, staff and budget.
