Legislation Update - South Wessex Waste Minimisation Group

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SWWMG: March 2012
LEGISLATION
UPDATE:
WEEE RECAST, THE
WASTE REGULATIONS
2011 AND CIVIL
SANCTIONS
Why a WEEE Directive?
From the Directive:
“The amount of WEEE generated in
the Community is growing rapidly. The
content of hazardous components in
electrical and electronic equipment
(EEE) is a major concern during the
waste management phase and
recycling of WEEE is not undertaken to
a sufficient extent.”
WEEE Recast
Existing Directive (2002/96/EU) has applied
since 13 August 2005
WEEE Recast – new requirements are likely to
apply from January 2014
The main changes are: scope and scope
exclusions, new member state collection
target, higher recovery, reuse and recycling
targets, illegal shipments and new
distributor/retailer obligations
Scope
The new Directive proposes the original 10
categories (large household appliances etc.)
for 6 years in a ‘closed’ scope basis (plus the
addition of PV panels in category 4).
Then, streamlined into 6 Categories on an
‘open’ scope basis: Temperature exchange
equipment, screens and monitors, lamps,
other large, small ICT, other small.
New Collection targets
Currently 4kgs/pa separately collected WEEE
from private households
From 2016 a move to 45% POTM basis
From 2019 this target will change to either
65% POTM or 85% of WEEE generated.
Recovery, reuse and recycling targets
Introduction of 70% recovery and 50% recycling
for Category 8 (Medical Devices) immediately
All targets to be increased by 5% after 3 years
with a new 80% recycling target for gas discharge
lamps
Within 4 years the Commission will examine the
case for a mandatory 5% reuse target to be
shown separately from the recycling target level
Illegal Shipments
Introduction of minimum monitoring
requirements for the shipment of WEEE/used
EEE
Interface with Waste Shipments Regulations
WEEE Forward Look
New UK Regulations will come into force in
2014
New Guidance late 2013
Further details from BIS website:
http://www.bis.gov.uk/policies/businesssectors/environmental and-productregulations/environmental-regulations
The Waste (England and Wales) Regulations
2011
Came into force on 29th March 2011
Update some aspects of waste controls
Regulations implement the revised waste Framework
Directive
Using the Waste Management Hierarchy
Need to consider the hierarchy of waste
management options
REDUCE
(Waste
Minimisation)
REUSE
RECYCLE
(inc. composting)
RECOVER
DISPOSE
Waste Transfer Notes
From 28th September 2011 declaration on transfer note (or
consignment note for hazardous waste) that the waste management
hierarchy has been applied.
Include 2007 Standard Industrial Classification (SIC) Codes
Changes for Waste Carriers, Brokers and
Dealers
There will be 3 types of registrant:
carriers (those who actually move waste)
dealers (those who use an agent to buy and sell
waste) and
brokers (those who arrange for the
movement/disposal of waste on behalf of others).
The term ‘Dealer’ is a new term.
Upper Tier Registration
If you are a waste carrier, broker or dealer but
you are not a 'specified person' you will need
to register in the Upper Tier.
All those who are currently registered and not
professionally exempt will automatically be
transferred to the Upper Tier. This includes
those who carry their own construction and
demolition waste. The existing renewal date
will remain valid.
Lower Tier Registration
The Lower Tier are those referred to as 'specified persons' in
the Waste (England and Wales) Regulations 2011. This group
includes all those who are currently registered as
professionally exempt. In general this refers to waste
authorities, charities, voluntary organisations and those who
only manage wastes from agricultural premises, animal by
products wastes or wastes from mines or quarries.
Those that are currently registered as professionally exempt
will automatically be transferred to the Lower Tier.
From the end of December 2013 anyone who normally and
regularly carries their own business waste (excluding
construction and demolition waste) will need to register in the
Lower Tier.
RES Act Civil Sanctions
RES Act
Fixed Monetary
Penalties
Variable Monetary
Penalty
Compliance Notice
Stop Notice
Restoration Notice
Enforcement
Undertaking
EUs accepted
To date 32 EUs have been accepted in regard
to packaging offences
3 of these have been proactive, the remainder
are reactive.
3 in the Wessex Area
MITIE Catering Services Ltd. (Donation of £7263 to Tress for Cities)
Fitness First (Donation of £8621 to the Dorset Wildlife Trust)
Kondor Ltd (Donation of £8250 to the Dorset Wildlife Trust)
Upton Heath Restoration
June 2011 a fire on Upton Heath devastated one
third of the heathland.
It will take 10 years to re-establish the heathland
and the Dorset Wildlife Trust are managing the
recovery of the ecosystem for the full range of
rare plants and animals.
Donations received from Kondor Ltd. and Fitness
First from Enforcement Undertakings are being
spent on a range of methods to restore and
manage the heathland.
Upton Heath Restoration
Brushcutting machinery is being used to manage scrub, control bracken
and grass and to mow fire defendabale lines.
The scheme is also helping to launch and equip the new Heathwatch
volunteers from the local community, who will help to patrol the heath.
The heath has been managed by Dorset Wildlife Trust for 14 years. It is
home to 6 British reptile species, 19 species of dragonfly and damselfly,
silver-studded blue butterflies, raft spiders, rare breeding birds including
the Dartford warbler, nightjar and hobby, rare plants as well as many
mammals.
Andy Fale, Dorset Wildlife Trust Warden, says the donation has been a
life-saver for wildlife on the Heath.
UPTON HEATH
Roe looking for fawn on Upton Heath
Thank You
Tessa Bowering
Senior Environment officer
Direct dial: 01258 483416
[email protected]
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