EAUC Waste Management Seminar
Anna Latham
Senior Consultant
www.legalregister.co.uk
Content
• Definition of waste
• Current Legislation and guidance
• UK Waste Strategy and the Waste Hierarchy
• Forthcoming developments
www.legalregister.co.uk
What is Waste?
• Waste Framework Directive (75/442/EEC, as amended)
“… waste shall mean any substance or object in the categories set
out in Annex 1 which the holder discards or intends or is required
to discard.”
www.legalregister.co.uk
Annex 1
www.legalregister.co.uk
Controlled Waste Regulations 1992, as
amended
•
Three categories of controlled wastes:
•
•
•
Household
Industrial
Commercial
•
Wastes to which waste legislation applies
•
Radioactive wastes outside control
www.legalregister.co.uk
Current Legislation
• Environmental Protection (Duty of Care) Regulations 1991, as
amended
• Hazardous Waste (England and Wales) Regulations 2005, as
amended
• Landfill Directive
• Waste Electrical and Electronic Equipment Regulations 2006, as
amended
• Site Waste Management Plan Regulations, 2008
www.legalregister.co.uk
Duty of Care
Section 34 of Environmental Protection Act
• Keep waste so as to prevent escape from the environment
• Transfer waste to a registered carrier / manger (keep copies of
licenses)
• Keep records and transfer notes – correct EWC codes
• Ensure waste is consigned properly (hazardous / non-hazardous)
• Check that others in the waste management chain abide by the
Duty of Care
• Keep records of all waste transfers in a register
www.legalregister.co.uk
EA Public Register
www.legalregister.co.uk
License Details
www.legalregister.co.uk
Environmental Permitting (England and Wales)
Regulations 2007
• Replace the Pollution Prevention and Control (England and
Wales) Regulations 2000, as amended; and
• The Waste Management Licensing Regulations 2004
• Waste management companies will be changing over to
Environmental Permits
www.legalregister.co.uk
Controlled Waste (Registration Of Carriers and
Seizure of Vehicles) Regulations 1991, as amended
• Made under Control of Pollution (Amendment) Act 1989
• Waste carriers licensing
• Can check if a carrier is register on the Environment Agency
website
• Some organisations will have registered Exemptions
• Organisations can carry their own waste (except building or
demolition waste) – may change in 2009
www.legalregister.co.uk
European Waste Catalogue (EWC)
• Defines what wastes are classed as hazardous as per European
Hazardous waste Directive (HWD) (91/689/EEC as amended by
94/31/EC)
• Implemented by the List of Wastes (England) Regulations 2005
• Hazardous wastes marked with an asterisk
•
•
Absolute entries (red) – hazardous regardless of content of dangerous
substances e.g. fluorescent tubes, computer monitors, lead-acid
batteries
Mirror entries (blue) – hazardous only if a specified threshold of
dangerous substances is exceeded in the waste e.g. paint, contaminated
packaging
www.legalregister.co.uk
Guidance - WM2
http://www.environmentagency.gov.uk/subjects/wa
ste/1019330/1217981/138
4307/
www.legalregister.co.uk
www.legalregister.co.uk
www.legalregister.co.uk
www.legalregister.co.uk
EA List of Wastes (LOW) Guide
• List of most commonly used waste descriptions and their
associated EWC codes
• http://www.environmentagency.gov.uk/business/444304/444641/595811/1397154/
www.legalregister.co.uk
Hazardous Waste Regulations
• Implement EC Hazardous Waste Directive (HWD) (91/689/EEC as
amended by 94/31/EC)
• All sites producing hazardous wastes must notify themselves to
the Environment Agency annually
• All documentation must have six digit EWC code and site location
reference number
• Retain Waste Consignment Notes for three years
www.legalregister.co.uk
Hazardous Waste Regulations
• Only transfer to registered waste carrier
• Waste management companies (consignee) required to send
Quarterly Returns to the EA and the consigner
• Audit trail for the EA to trace waste back to the source of
production
• Regulators undertaking spot checks and checking completeness
of documentation
• No mixing of hazardous wastes
www.legalregister.co.uk
Waste Management Chain
Consignor
Organisation
producing waste
Register with EA as
a producer
Carrier
Company
transporting waste
Must hold waste
carriers license
Consignee
Final waste
management
(disposal) facility
Must hold waste
management
license
(Environmental
Permit) www.legalregister.co.uk
Consignment Notes
• Single movement / multiple collection
• Should contain:
•
•
•
•
•
Unique consignment code
Description of waste
Carrier name
Declaration form consignor
Details of the consignee
• Consignee – provide EA with details of all the hazardous waste
they have received every 3 months
• RETURN from consignee must be sent to consignor – detailing
how waste was handled
www.legalregister.co.uk
Must send
returns to
consignor
Consignor
Must register
annually
Carrier
Environment
Agency
Consignee
Must send details
of hazardous
waste received
every 3 months
www.legalregister.co.uk
SCOTLAND
Special Waste Regulations 1996
• No mixing ban
• Purchase consignment notes from SEPA
• Single
• Succession
• Carriers Round
www.legalregister.co.uk
SCOTLAND
Special Waste Regulations 1996
• Pre-notification requirement for movements of special waste (at
least three days before the expected removal date)
• Send copy of consignment note
• First and second movements must be pre-notified, but not
necessary successive removals (same consignor – consignee)
within a year
• Transfer notes must contain EWC codes
• No need to register with EA if you produce special waste in
Scotland but export it for disposal to England or Wales
www.legalregister.co.uk
NORTHERN IRELAND
Hazardous Waste Regulations (Northern
Ireland) 2005
• No requirement for registration of premises
• No mixing (same as E&W)
• Consignment Notes and record keeping – same as for Scotland
www.legalregister.co.uk
Storing waste
• Businesses can store their own waste, as long as it is for no
longer than 12 months
• If waste is stored for longer than 12 months – permit may be
required
• General good practice:
•
•
•
•
•
•
•
Use suitable containers / not damaged
Pick location to avoid vulnerable areas
Cover skips to avoid escape
Label
Don’t store incompatible wastes
Never mix hazardous wastes
Use containment / bunding if necessary
www.legalregister.co.uk
Environmental Permitting (England and Wales)
Regulations 2007, as amended
Landfill (Scotland) Regulations 2003, as amended
Landfill (Northern Ireland) Regulations 2003, as
amended
• Implement EC Landfill Directive 99/31/EC
• Main requirements:
•
•
•
•
•
Certain kinds of waste can no longer be sent to landfill for disposal (e.g.
non-hazardous liquid wastes and most tyres)
Biodegradable municipal waste will be progressively diverted away from
landfill
Landfills will be classified according to whether they accept hazardous,
non-hazardous or inert wastes
Wastes must be tested before they can be landfilled (Waste Acceptance
Criteria); and
All non-hazardous waste must be treated before being landfilled
www.legalregister.co.uk
Waste Acceptance Criteria (WAC)
• All waste must be tested before landfill to ensure that it meets Waste
Acceptance Criteria (WAC)
• Three types of WAC:
•
•
•
lists of acceptable wastes (which do not have to be tested);
numerical leaching limit values; and
numerical limit values for other parameters.
•
Waste Acceptance Procedures (WAP) must be used to assess the waste
•
Any waste not meeting the criteria will not be accepted at landfill and
must be pre-treated before landfill or alternative disposal routes found
www.legalregister.co.uk
Pre-treatment of Non-Hazardous Waste
• Requirement of the Landfill Directive
• Treatment must:
1. Be a physical, thermal, chemical or biological process including
sorting;
2. Change the characteristics of the waste; and
3. it must do so in order to:
–
–
–
–
(a) reduce its volume; or
(b) reduce its hazardous nature; or
(c) facilitate its handling; or
(d) enhance recovery.
www.legalregister.co.uk
• http://publications.envir
onmentagency.gov.uk/pdf/GE
HO0207BLWJ-e-e.pdf
www.legalregister.co.uk
Pre-treatment of Non-Hazardous Waste
• EA and NI – producers of waste must check with waste
contractors if they are pre-treating before landfill
• Scotland – more emphasis on regulation via WML for waste
contractors
www.legalregister.co.uk
Landfill Tax
• Introduced under Finance Act 1996
• Tax on waste disposed of to landfill, from 1 April 2008:
– Inert wastes (those which do not give off gases and do not have the
potential to pollute the groundwater) £2.50 per tonne
– Other wastes - £32 a tonne
• Reviewed every year in the Budget
• In 2008, Annual increase of £8 per tonne per year until at least
2010-11 announced (previously £3)
www.legalregister.co.uk
Waste Electrical and Electronic Equipment
(WEEE) Regulations 2006
• Implements WEEE Directive (2002/96/EC)
• Member States must achieve a collection rate of at least 4
kilograms on average per inhabitant per year to be achieved by 31
December 2006
• Recovery/reuse and recycling targets per category (by average
weight of appliance) also set e.g. Large household: 80/75%; IT &
consumer: 75/65%
• Producers responsible for financing re-use and recovery of WEEE
www.legalregister.co.uk
Scope
All equipment dependent on electrical currents or electromagnetic fields
10 indicative categories:
•
•
•
•
•
•
•
•
•
•
Large household
Small household
IT and telecommunications
Consumer equipment
Lighting equipment
Electrical and electronic tools
Toys leisure & sports
Medical devices
Monitoring equipment
Automatic dispensers
Indicative, but not exhaustive list of examples in Annex IB
www.legalregister.co.uk
Who is the producer?
“Any person who, irrespective of selling technique used
(including internet), including by means of distance
– Manufactures and sells his own brand
– Re-sells under his own brand
– Imports or exports (to another EU country)”
These are the people who are financially responsible for
recycling WEEE
www.legalregister.co.uk
• Approval and registration of
compliance schemes
• Regulation of re-processors
• Calculation of producer
recycling responsibility
Regulated by EA
Approved Authorised
Treatment Facility
• Holds the exchange
Registration of
producers
Send WEEE to accredited
re-processor
Clear DCFs
Upgrade civic
amenity site
network / provide
take back
Compliance
Schemes
Register with a
compliance scheme
DCF
RETAILERS
PRODUCERS
END
USERS
Send WEEE to DCF
where obligated
www.legalregister.co.uk
Business User Obligations
• Business users will be responsible for some historic waste
• What is Historical Waste?
– Waste products placed on the market before 13 August 2005
• Historical WEEE (placed on the market before 13 Aug 2005)
– If no like for like replacement the end business user is responsible for
disposal costs
– If like for like replacement of equipment – supplier (producer) responsible
• New Business WEEE (placed on the market after 13 Aug 2005)
– Producer responsible, unless otherwise agreed with business user
www.legalregister.co.uk
End Users Beware!
• The Regulations allow suppliers (producers) to negotiate
alternative financing arrangements
– This will be a commercial decision and should form part of the supply
contract negotiating process
• Some (unscrupulous!) producers may try and discharge their
recycling obligation by writing into supply contracts that their
customer is responsible for re-cycling WEEE at the end of its
life
– Contracts must be negotiated carefully
– Purchasing Staff need to be made aware
www.legalregister.co.uk
Changes to DoC
• Amendments under the Duty of Care made to accommodate
WEEE
• Business users would have to keep proof to demonstrate that one
off consignments of WEEE have been disposed of to an
accredited re-processor
• Practical considerations:
– Segregating WEEE from the main waste stream
– Separating WEEE which is your responsibility and a porducer / suppliers
responsibility
www.legalregister.co.uk
Storage of WEEE
• WEEE must not be stored for more than three months before it is
sent for recovery
• No more than 80 cubic metres of WEEE can be stored
• WML exemption registration may be required
www.legalregister.co.uk
Other Producer Responsibility Legislation
• Already in place for:
– Packaging
– End of Life Vehicles
• Forthcoming for;
– Batteries – Directive shortly to be implemented
– Tyres – proposal stage
www.legalregister.co.uk
Radioactive Substances Act 1993
• Those keeping and using radioactive materials to register with the
Regulator
• Those disposing of radioactive wastes or accumulating it for
subsequent disposal to be authorised.
• The certificates of registration or authorisation will include specific
detailed arrangements for dealing with the radioactive materials
and a copy of this must be prominently displayed
www.legalregister.co.uk
Site Waste Management Plans
• Site Waste Management Plan Regulations 2008
• Apply from 6th April 2008, to all construction projects worth more
than £300,000
• If a project is planned before 6 April 2008 and construction work
begins before 1 July 2008, you will not need to produce a SWMP
• England only - Northern Ireland, Scotland or Wales do not yet
need to have a SWMP
www.legalregister.co.uk
Client Responsibilities
• Producing the initial SWMP before construction work begins
• Appointing the principal contractor
• Passing the SWMP to the principal contractor
• Updating the SWMP at least every three months if you decide to
manage the project yourself.
www.legalregister.co.uk
Principal Contractor Responsibilities
• Obtaining relevant information from sub-contractors
• Updating the SWMP at least every three months as the project
progresses
• Keeping the SWMP on site during the project
• Ensuring that other contractors know where the SWMP is kept
• Allowing other contractors and the client access to the SWMP
during the project
• Handing the completed SWMP back to the client at the end of the
project
• Keeping a copy of the SWMP for two years
www.legalregister.co.uk
Content of the Plan
• For projects estimated at between £300,000 and £500,000
(excluding VAT) the SWMP should contain details of the:
– types of waste removed from the site
– identity of the person who removed the waste
– site that the waste is taken to.
• For projects estimated at over £500,000 additional information
required:
– a description of the waste
– site that the waste was taken to
– environmental permit or exemption held by the site where the material is
taken.
www.legalregister.co.uk
•
At the end of the project, you
must review the plan and record
the reasons for any differences
between the plan and what
actually happened.
•
Exemptions - Part A
environmental permit and nuclear
licensed sites with Integrated
Waste Strategies (IWS) that
include construction waste.
•
Guidance: http://www.netregsswmp.co.uk/simple-guide20080406.pdf
www.legalregister.co.uk
Up coming changes in Legislation
• Review of waste framework directive
• Changes to WEEE recycling targets
• Review of waste carriers and brokers regime
• Keeping up to date is important – visit: www.legalregister.co.uk
www.legalregister.co.uk
The Waste Hierarchy
Reduce
Reuse
Recycle
Increased
sustainability
Recover
Disposal
www.legalregister.co.uk
Help for organisations
• Business Resource Efficiency Programme (BREW) – under
review
• Waste and Resources Action Programme (WRAP)
• Envirowise
• National Industrial Symbiosis Programme (NISP)
www.legalregister.co.uk
Contact Details
Anna Latham
Waterman Group
Belgrave House
47 Bank Street
Sheffield
S1 2DR
Tel:
0114 2298900
E-mail: a.latham@waterman-group.co.uk