Hello everyone! Today, we dive deep into the intricacies of New South Wales Operational Purpose Deductions (OPDs) – the waste living exemptions commonly claimed for landfill facilities and other scheduled waste facilities. With a surge in interest and queries, especially from the EPA New South Wales, it’s crucial to grasp the essentials of this topic.
1. Timing and the 24-Month Window:
OPDs or NSW operational use waste levy exemptions don’t need to be applied for before commencing the work. Importantly, you have a 24-month timeframe from when a transaction is recorded, to claim your exemption. This means, if you’ve received material into your site for a project you wrapped up a year ago, you’re still eligible. If you’ve mistakenly already paid a waste levy, adjustments can be made to your WCMRs, reducing future liability.
2. Understand What to Claim and What Not to:
The regulations introduce the concept of RNR or ‘record not report’. While it’s being phased out by New South Wales EPA, it means that if a material doesn’t need to be reported on your Waste of a Return (WCMR), you don’t need an exemption for it.
3. Application Efficiency:
There’s no set timeframe for the EPA to approve an OPD application. Hence, to expedite the process, ensure your application is thorough. A clear cover letter detailing the problem, its solution, and associated documentation can be a game-changer. The more concise and detailed your information, the faster the assessment.
4. Documentation is Key:
When filing an application, especially a historical OPD, ensure you provide all necessary documents. at the time of application. Don’t submit half now and intend to provide some later! These can range from engineering diagrams to before and after photos. Prioritise real numbers; for instance, details about the depth of materials used, the size of the area, and more. Any historical data, especially from your weighbridge data, should be consistent with your application. It’s essential to present the EPA with a coherent narrative.
5. Material Specifications:
Always ensure the materials you’re using align with legislative requirements. I recently came across a client who had used capping depths greater than what was legislatively approved, leading to complications during exemption claims. While it can be a great outcome to have an extra layout of material for confidence, you may only be able to claim an exemption for the EPA approved size./depth of works which may differ from engineering recommendations.
6. Not Just Landfills:
Remember, OPDs don’t solely concern landfills. Any scheduled waste facility that receives material for operational purposes should be vigilant. For instance, if you accept materials like concrete or aggregates , build a pad with them and these then remain on your site for more than 12 months (because they’re now built into your site…or “applied to land”!), they become liable under stockpiling requirements.
Understanding and effectively claiming your OPDs can save you from unnecessary financial burdens. If ever in doubt, don’t hesitate to reach out to the EPA New South Wales. Alternatively, our team at Resource Hub specializes in this area and is always here to assist.
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