Legislation Update

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SWWMG: MARCH 2013
LEGISLATION UPDATE
UPDATES
Industrial Emissions
Directive
Waste Carrier/Brokers
and Dealers (reminder)
The Packaging
Regulations: 2012
amendment
Industrial Emissions Directive
The Environmental Permitting (England and Wales)
(Amendment) Regulations 2013 came into force on 27th
February 2013. These Regulations transpose the
requirements of the IED
Industrial Emissions Directive
This will replace 7 existing Directives (IPPC, Large
Combustion Plant, Waste Incineration, Titanium Dioxide
(3 directives) and Solvent Emissions)
This will be implemented through the revised EPR
IED will have new requirements on the installations the
EA permit and will lead to a number of new EPR
installations
What has changed?
Any new installation seeking a permit will need to
comply with IED
All existing installations will be the subject of IED from 7
January 2014
Extends the range of regulated activities requiring some
facilities currently regulated as exempt or as waste
activities to apply as installations
Regulatory responsibility for some installations will be
transferred to local authorities.
What has changed?
A number of activities are newly brought into installation permitting.
For all existing waste operations that will be subject to IED this
permitting will need to be done by 7 July 2015.
The newly covered activities are:
- an amended list of hazardous waste recovery activities so that
solvent reclamation/regeneration, biological treatment and physicalchemical treatment are now specifically included
- regulate the disposal of non-hazardous waste with a capacity
exceeding 50t/day
- Activities involving recover, a mix of recovery and disposal, of nonhazardous waste with a capacity exceeding 75t/day. Where the only
waste treatment activity is AD the capacity threshold for this activity
shall be 100t/day
- temporary storage of hazardous waste with a total capacity exceeding
50t – excluding temporary storage, pending collection, on the site
where the waste is generated.
Waste Carriers, Brokers and Dealers
Registration is a legal requirement and it is an
offence not to register when required.
Registration also helps the EA clamp down on
fly-tipping by illegal operators who harm
human health and the environment whilst
undercutting legitimate business.
Who needs to register?
Recent changes to regulations mean that
anyone who transports waste whilst going
about their normal business activities will need
to be registered as a waste carrier by January
2014.
Many businesses should be registered now.
Who needs to register?
If you arrange for waste from other businesses
or organisations to be transported, disposed of
or recovered, you need to register as a waste
broker now
If you buy and sell waste, or use an agent to
do so, you need to register as a waste dealer
now.
REGISTRATION OF WASTE CARRIERS, DEALERS AND
BROKERS
Do you need to register? – you do not need to
register if you fall into one of the categories
below:
You are a householder carrying waste produced at home and
not as a result of any business activity
You only carry waste between different places within the same
premises
You only carry waste by air or sea from a place in GB to any
place outside GB
You only carry waste from a country outside GB to the first
point of arrival
You carry waste from a specified marine operation that either
requires a marine licence or can be carried out under a marine
exemption
You do not carry waste as part of your business activities.
Which tier?
There are 2 levels of registration – upper tier
and lower tier. They are based on organisation
type or waste type and not on quantities of
waste. You may still be required to register in
the upper tier even if you only transport or deal
in very small amounts of waste.
Lower tier registration - who does this
apply to?
A charity/voluntary organisation
A waste collection authority
A waste disposal authority
Only deals in animal by-products, waste from a mine or quarry,
waste from agricultural premises
If you are a lower tier organisation but do not ‘normally and
regularly’ carry waste you do not need to register
A lower tier registration is indefinite unless the EA revoke it or
it is withdrawn
It is free of charge
Upper Tier Registration – who does it apply
to?
If none of the lower tier criteria applies you need to register in
the upper tier.
The cost is £154 (VAT exempt)
An upper tier registration lasts 3 years unless the EA revoke it
or it is cancelled.
Renewal for a further 3 years costs £105 (VAT exempt)
PACKAGING REGULATIONS
The Producer Responsibility Obligations
(Packaging Waste) Regulations
1997- plus five amendments.
2005 – a complete rewrite.
2007 - complete rewrite plus three amendments
• Latest amendment in force on 11/12/2012 – new
targets and the periodic review by the Secretary of
State as to the efficiency of the regulatory regime.
Packaging (Essential Requirements)
Regulations 2003
Amended 2004, 2006 and 2009
Targets
Recovery target
2013 = 75%
2014 = 76%
2015 = 77%
2016 = 78%
2017 = 79%
At least 92% of recovery target from recycling.
Recycling targets %
Material
2013
Paper/Board 69.5
81
Glass
Aluminium 43
72
Steel
37
Plastic
22
Wood
2014
69.5
81
46
73
42
22
2015
69.5
81
49
74
47
22
2016
69.5
81
52
75
52
22
2017
69.5
81
55
76
57
22
Recycling of Glass
From 2013 onwards there
is a specific recycling
target that relates to the
remelt of glass
For 2013 – 2015 it is 63%
and for 2016 and 2017 it
is 64%
Further details:
http://www.environmentagency.gov.uk/business/topics/waste/141552.aspx
(Packaging)
http://www.environmentagency.gov.uk/business/sectors/wastecarriers.aspx
(Waste Carriers/Brokers and Dealers)
http://www.environment-agency.gov.uk/business/145770.aspx
(IED)
Thank You
Tessa Bowering
Senior Environment officer
Direct dial: 01258 483416
Tessa.bowering@environment-agency.gov.uk
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