EP Environmental Permit Financial Provision
The Environmental Permitting (EP) Regulations will streamline the Waste Management licensing and pollution prevention and control regimes from 6th April 2008. The owner or applicant for an EP must be able to provide adequate financial provision to meet the obligations of the permit. Some of these sites can include landfill with aftercare costs for a period of up to sixty years after closure.
In order to service the market a multi-disciplinary group comprising of Tysers (insurance brokers) and Kynaston-Carnoustie (consultant independent financial advisers) has created the FillSecure solution. The Financial Service Authority regulates investment and insurance advice. Both Tysers and Kynaston-Carnoustie are independent and authorised to provide advice in their own disciplines.
The Problem
- Long-term management stretching for up to 60 years or more.
- The funds must be secure and accessible.
- Inflation will reduce the value of the funds available.
- Tax on the return achieved is a consideration.
The Current Options
- Setting up an escrow or cash account
- What about the after inflation and tax return?
- Cash provisions are unlikely to keep pace with inflation
- Tax on the return achieved is a consideration for the Taxman
- Bank/Insurance Bonds
- Bank Bonds do not provide a solution that has a sale value, either in terms of the site or the operator.
- Bank Bonds affect the borrowing capacity of the operator.
- Funds only available in certain circumstances (e.g. insolvency), the operator must still find the required aftercare costs when they fall due.
- Bonds are normally restricted to one or three years and provide no long term security.
- Ultimately money spent on Bonds is 'lost' money.
The Challenge
- Long term management stretching for up to 60 years.
- The funds must be secure and accessible.
- Cost effective, flexible, transferable product.
FillSecure - The Solution
- Can be 50%+ more cost effective than either the escrow or cash options.
- Can be funded over a 3-5 year period by a levy on materials entering an active site thereby limiting capital expenditure.
- Can replace existing cash/escrow arrangements and return excess funds to the operator.
- FillSecure sets up a separate legal entity that can transfer with the site/operator.
- Stakeholders invest funds tax efficiently.
- Funds professionally managed and regularly reviewed by stakeholders limiting operators' management costs.

