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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?.

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Eauc waste management seminar anna latham senior consultant l.jpg

EAUC Waste Management SeminarAnna Latham Senior Consultant

www.legalregister.co.uk


Content l.jpg
Content

  • Definition of waste

  • Current Legislation and guidance

  • UK Waste Strategy and the Waste Hierarchy

  • Forthcoming developments

www.legalregister.co.uk


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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


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Annex 1

www.legalregister.co.uk


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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


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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


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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


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EA Public Register

www.legalregister.co.uk


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License Details

www.legalregister.co.uk


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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


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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


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European Waste Catalogue (EWC) Vehicles) Regulations 1991, as amended

  • 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


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Guidance - WM2 Vehicles) Regulations 1991, as amended

http://www.environment-agency.gov.uk/subjects/waste/1019330/1217981/1384307/

www.legalregister.co.uk


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www.legalregister.co.uk Vehicles) Regulations 1991, as amended


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www.legalregister.co.uk Vehicles) Regulations 1991, as amended


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www.legalregister.co.uk Vehicles) Regulations 1991, as amended


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EA List of Wastes (LOW) Guide Vehicles) Regulations 1991, as amended

  • List of most commonly used waste descriptions and their associated EWC codes

  • http://www.environment-agency.gov.uk/business/444304/444641/595811/1397154/

www.legalregister.co.uk


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Hazardous Waste Regulations Vehicles) Regulations 1991, as amended

  • 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


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Hazardous Waste Regulations Vehicles) Regulations 1991, as amended

  • 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


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Waste Management Chain Vehicles) Regulations 1991, as amended

Consignor

Carrier

Consignee

Final waste management (disposal) facility

Organisation producing waste

Company transporting waste

Register with EA as a producer

Must hold waste carriers license

Must hold waste management license (Environmental Permit)

www.legalregister.co.uk


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Consignment Notes Vehicles) Regulations 1991, as amended

  • 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


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Must send returns to consignor Vehicles) Regulations 1991, as amended

Consignor

Carrier

Consignee

Must send details of hazardous waste received every 3 months

Environment Agency

Must register annually

www.legalregister.co.uk


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SCOTLAND Vehicles) Regulations 1991, as amended

Special Waste Regulations 1996

  • No mixing ban

  • Purchase consignment notes from SEPA

  • Single

  • Succession

  • Carriers Round

www.legalregister.co.uk


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SCOTLAND Vehicles) Regulations 1991, as amended

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


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NORTHERN IRELAND Vehicles) Regulations 1991, as amended

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


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Storing waste Vehicles) Regulations 1991, as amended

  • 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


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Environmental Permitting (England and Wales) Regulations 2007, as amendedLandfill (Scotland) Regulations 2003, as amendedLandfill (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


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Waste Acceptance Criteria (WAC) 2007, as amended

  • 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


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Pre-treatment of Non-Hazardous Waste 2007, as amended

  • Requirement of the Landfill Directive

  • Treatment must:

  • Be a physical, thermal, chemical or biological process including sorting;

  • Change the characteristics of the waste; and

  • 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


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www.legalregister.co.uk


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Pre-treatment of Non-Hazardous Wastehttp://publications.environment-agency.gov.uk/pdf/GEHO0207BLWJ-e-e.pdf

  • 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


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Landfill Taxhttp://publications.environment-agency.gov.uk/pdf/GEHO0207BLWJ-e-e.pdf

  • 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


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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


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Scope 2006

  • 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


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Who is the producer? 2006

“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


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  • Calculation of producer recycling responsibility

  • Holds the exchange

Regulated by EA

Approved Authorised Treatment Facility

Registration of producers

Send WEEE to accredited re-processor

Compliance Schemes

Clear DCFs

Register with a compliance scheme

DCF

Upgrade civic amenity site network / provide take back

PRODUCERS

RETAILERS

END USERS

Send WEEE to DCF where obligated

www.legalregister.co.uk


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Business User Obligations 2006

  • 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


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End Users Beware! 2006

  • 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


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Changes to DoC 2006

  • 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


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Storage of WEEE 2006

  • 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


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Other Producer Responsibility Legislation 2006

  • Already in place for:

    • Packaging

    • End of Life Vehicles

  • Forthcoming for;

    • Batteries – Directive shortly to be implemented

    • Tyres – proposal stage

www.legalregister.co.uk


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Radioactive Substances Act 1993 2006

  • 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


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Site Waste Management Plans 2006

  • 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


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Client Responsibilities 2006

  • 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


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Principal Contractor Responsibilities 2006

  • 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


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Content of the Plan 2006

  • 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


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  • 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.netregs-swmp.co.uk/simple-guide-20080406.pdf

www.legalregister.co.uk


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Up coming changes in Legislation record the reasons for any differences between the plan and what actually happened.

  • 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


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The Waste Hierarchy record the reasons for any differences between the plan and what actually happened.

Reduce

Reuse

Increased sustainability

Recycle

Recover

Disposal

www.legalregister.co.uk


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Help for organisations record the reasons for any differences between the plan and what actually happened.

  • Business Resource Efficiency Programme (BREW) – under review

  • Waste and Resources Action Programme (WRAP)

  • Envirowise

  • National Industrial Symbiosis Programme (NISP)

www.legalregister.co.uk


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Contact Details record the reasons for any differences between the plan and what actually happened.

Anna Latham

Waterman Group

Belgrave House

47 Bank Street

Sheffield

S1 2DR

Tel: 0114 2298900

E-mail: [email protected]


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