Section 1: PERMITTING REGULATIONS AS THEY APPLY TO TECHNICAL COMPETENCE
How does this change affect me with EPR07 in force from 6 April 2008?
The new regulations on Technical Competence are only effective in England and Wales.
If you already hold a CoTC or are classed as Deemed Competent you will need to demonstrate Continuing Competence every two years. If you are working towards a CoTC check with the Environment Agency (EA) whether your site falls in a High, Medium or Low Risk tier. You may be able to reduce the amount of units you need to achieve to demonstrate competence for your site.
I operate a site in Scotland and/or Northern Ireland, do these competence changes affect me?
The regulatory changes are only effective in England and Wales. Operators should be aware of the different regulatory requirements across UK borders and that the CoTC is still required in Scotland and Northern Ireland until further notice.
Do I have to maintain my competence?
From 1 March 2009, there will be a requirement to comply with Continuing Competence every two years for those persons meeting the Technical Competent Persons requirements for the EPR 2007 Regulations. This includes those individuals, who were Agency assessed*.
EA assessed individuals fall into two categories:
(i) individuals who passed an EA assessment for a non-CoTC activity prior to 1st March 2009 will be expected to complete a continuing competence assessment between the period 1 March 2009 and 1 March 2011;
(ii) individuals who passed an EA assessment to benefit from a 2-year grace period and who obtain their competence qualification after 1st March 2009 will be expected to complete a continuing competence assessment during the 2-year period starting on 1 March 2011 and finishing 28 February 2013 i.e they will skip the first cycle of continuing competence.
I am deemed competent, how does the new competence regime affect me?
‘Deemed Competent' managers will be required to demonstrate Continuing Competence every two years commencing 1 March 2009, in accordance with the EPR 2007 Regulations. You will need to register your existing Deemed Competence with the Environment Agency during the summer of 2008. (As time progresses beyond this period check with the EA).
I am Deemed Competent what do I need to do?
You will need to take a Continuing Competence Test every two years in accordance with the EPR 2007 Regulations. The first test must be passed within the 2-year period commencing 1 March 2009.
My site was previously exempt from the need to hold a CoTC what should I do?
Check with the EA to determine which risk tier your facility falls within. Most previously ‘exempt' facilities are likely to fall within the Medium Risk or Low Risk tiers. Once the risk tier is determined then contact a WAMITAB approved Centre as necessary to register for the appropriate award path and achieve that award.
What about new site permit applications - what do I need to do?
Contact the EA as necessary to confirm the applicability of the transitional period; they will guide you regarding the Risk Tier that your facility falls within. You will be required to achieve at least one technically competent person within 4 weeks of permitted activities commencing. This could be via an Environmental Permit Operator Certificate, EPOC, or a VRQ (either of these if the site is not currently operational) or a 4 Unit award for an operational site. If your site falls to ‘Low Risk' then either the EPOC, or the 4 Unit award, will be the only award you will need.
If your facility falls to Medium or High Risk you will then be required to achieve the higher qualification as necessary, following achievement of the EPOC, or 4 Unit award, within 12 months of permitted activities commencing.
Note: Landfill operator competence requirements do not benefit from an exemption period and competence must be demonstrated prior to or at the time the Permit is issued.
In all instances Continuing Competence needs to be maintained as appropriate every two years.
What are the competence requirements for Landfill operators?
Landfill operator competence requirements do not benefit from any exemption period and competence must be demonstrated prior to or at the time the Permit is issued. Check with the EA as to the Risk Tier your facility falls within. Non-Hazardous and Hazardous Landfill sites (open and closed) fall within the ‘High Risk' tier. Inert Landfills (open and closed) appear in the ‘Medium Risk' tier.
Do I have to have a competent person full time on site?
No. The attendance requirements for ‘Technically Competent Persons' remain as current and are determined within the Environment Agency document ‘Technical Competence for Operators of Authorised Waste Facilities, July 2004'.
How much time does a TCP need to spend on site, can they cover more than one site?
Section 3.2 of the EA document ‘T echnical Competence for Operators of Authorised Waste Facilities, July 2004', specifies the attendance times for the Technically Competent Person.
I thought that 100% attendance was a requirement in the new Waste Operator Competence Scheme, is that so?
No, 100% attendance was not adopted for the Technically Competent Person within the EPR 07 Regulations. The attendance requirements for ‘Technically Competent Persons' remain as current and are determined within the EA document ‘Technical Competence for Operators of Authorised Waste Facilities July 2004'.
My sites were all exempt - how many TCPs do I need?
The operator will determine the requirement for the Technically Competent Person(s) based on EA guidance, site operational hours and percentage attendance requirements. Further guidance can be found within the EA document ‘Technical Competence for Operators of Authorised Waste Facilities July 2004'
If your question is not included in this section, or you require further information contact WAMITAB (01604 231 950), or e-mail info.admin@wamitab.org.uk