Recommendation 22

Advice and guidance or warning letters are the most common responses for most types of waste crime, and we pushed the witnesses on whether they were using the right balance of enforcement actions.77 The Agency described how it takes a proportionate, risk-based and outcome-focused approach, and that providing advice and guidance is the default response. We were told most people respond well to advice and guidance, but if that does not work, the Agency has an escalating series of civil sanctions.78 However, SUEZ argued that greater focus should be placed on tackling waste crime at all levels, telling us that small-scale activities may lead to more severe criminal activities in the future if not dealt with effectively.79 We heard that there are thousands of waste companies, most of which are legitimate but a lot operate on the edge of economic viability. The Agency described how it does not want to tip legitimate companies into insolvency, so will always try to keep them operational and bring them back into compliance. If a company does go bankrupt or disappear, it leads to a host of other problems, including the landowner, who may be an innocent third party, becoming liable for the waste.80 Getting a grip on illegal export of waste