Bevan ‘stands by’ call for waste export ban

Speaking at an Environment, Food and Rural Affairs (EFRA) Committee yesterday (March 14), the Agency’s chief executive said that while guidance is “very clear” on what can be exported legally, sending such waste to other countries “is legal but not right”.

Sir James first called for an export ban in April 2022. The EFRA committee recommended the government adopt a ban soon after, but this was rejected in January (see letsrecycle.com story).

‘Not right’

When quizzed by Conservative MP Robbie Moore, Sir James stood by his claim.

“I can only speak for myself, not the Agency, and I stand by what I said. Sending certain wastes abroad is legal, but not right. I do not think it is sustainable as a business model. More and more countries are refusing to take waste from the UK. Secondly, it is causing environmental damage, through illegal exports.

“Government has already said we should process all waste at home and I agree. Let’s set an incentive to process all waste at home which I think will generate innovation and more business domestically.”

The Agency chief executive, who will stand down at the end of the month after seven years in the role, also dismissed fears about the impact on businesses, saying a 2027 ban would give companies time to adapt and prepare.

The stance on waste exports would but Sir James at odds with parts of the industry. Veolia said such a move would “sacrifice the legitimate recycling market”, while The RDF Industry Group said it wouldn’t reduce waste crime.

Waste crime

While the committee meeting was largely dominated by sewage overflows, the discussions later switched to waste crime.

Alan Lovell, chairman of the Environment Agency, said it is a “very difficult” thing to tackle and called for more education of the courts “on the seriousness of the matter and the financial gains these companies are making.

He said: “In general the sites we regulate are well regulated and are doing what they should be. It is very hard to reach some of the other activities. I visited, a month ago, an appalling waste site where we did finally get the perpetrator into court and the magistrates court fined them £54. That feels like we need some education in the courts.

“It’s an area where we have been given some specific money. We sought more under the spending review 2021 and we didn’t get it. We will be proposing that again. Quite rightly it is something we need to get after more intensely.”

Resources

The topic of Agency resources was regularly brought up throughout the session.

Mr Lovell said while more Agency resources are needed, this is also an issue elsewhere.

He said waste crime “is not taken as seriously as it should be by some police forces as their resources are stretched”.

The Agency chairman added: “Overall, the whole criminal justice system needs to get a better understanding of waste crime. It is a very serious area, and it is an area where we have sought additional funding and I think that will be helpful and certainly receive good payback.”

Sir James followed by saying existing penalties are “derisory and it is attractive area for criminals” but said the Agency will “always push for the strongest penalties”.

“It is worth recording that in 2016 we secured a record jail sentence of 7 ½ years. Frankly it is only these custodial sentences which will deter criminals,” he added.

The law is clear on what can be exported under what conditions

Guidance

Sir James was later asked if existing guidance is strong enough for what can and can’t be exported, and if stronger guidance would help the Agency with inspections.

On this the Agency chief executive, seemingly referencing Biffa’s export case which concluded in 2021, said: “The law is clear on what can be exported under what conditions. In our experience, the problem when we catch illegal exports is not that they misunderstand guidance, it’s a deliberate attempt.

“For example, we recently prosecuted one of the major waste companies. Lawful waste, including some plastics, had been mixed with all sorts of unlawful waste, that hadn’t happened by accident. I think the company knew and the court agreed that the company knew.”