"The scale and nature of pet cemetery operations pose low environmental risk and the Environment Agency has stated that the current WML system will deliver an appropriate level of environmental protection"
Following a Government consultation earlier this year pet cemeteries are to be pulled out of the PPC regime.
From 1 October 2007, pet cemeteries that receive ten tonnes of waste or less in any day, or have a total capacity of 25,000 tonnes or less, will not be required to hold a Pollution Prevention and Control (PPC) permit under new regulations.
However pet cemetery operations will continue to be controlled under the existing Waste Management Licensing (WML) system, removing the need to apply for a PPC landfill permit. Defra says that modifications to licence conditions will ensure that the transfer will still be Landfill Directive compliant.
Operators of pet cemeteries have expressed concerns about the costs associated with applying for a PPC permit which led to the changes.
Defra says that there is a sound legal basis to exclude pet cemeteries from PPC requirements. The Integrated Pollution Prevention and Control Directive (IPPC) does not apply to landfills receiving 10 tonnes per day or less, or with a total capacity of 25,000 tonnes or less. It is understood that each of the 25 licensed pet cemetery sites receive less than 10 tonnes per day.
Effectively Defra will remove pet cemeteries from the list of activities, installations and mobile plants to which the PPC Regulations apply.
The outcome is that existing or new pet cemetery licence holders will not have to carry out extensive and costly risk assessments and other information normally required when applying for a PPC permit.
The Environment Agency is the regulator for pet cemeteries in England and Wales. They will smooth progress of the licence modification process to make sure that pet cemeteries comply with European Union (EU) legislation.
SEPA's view
In its response to the recent consultation, the Scottish Environment Protection Agency (SEPA) indicated that its current practice was to issue a risk assessed and Landfill Directive compliant PPC permit for a pet cemetery. This currently attracts no charge to reflect the low environmental risk, scale and nature of pet cemeteries. SEPA would have liked to see this process be replicated in England and Wales.
However Defra and the Environment Agency considered that the proposal using waste management licensing to be implemented in October, was the best way forward. The scale and nature of pet cemetery operations pose low environmental risk and the Environment Agency has stated that the current WML system will deliver an appropriate level of environmental protection, provided the necessary modifications are made to ensure that existing WMLs comply with the Landfill Directive.
SEPA also noted that the move to the Environment Permitting (EP) Regulations in England and Wales in April 2008 would create an area of different regulation as the EP Regulations do not apply in Scotland. The effect of the EP Regulations will mean that the IPPC requirements will no longer apply to certain small landfills, including pet cemetery operations.
Defra has indicated that it is necessary for Defra and the Welsh Assembly Government to introduce legislative amendment now to ensure that existing pet cemeteries comply with the Landfill Directive because there is no provision for introducing this requirement in the EP Regulations.
Further information
The new regulations are The Pet Cemeteries (England and Wales) Regulations 2007.
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