Waste Management Licensing

1. Waste Management Licensing Section 36 of the Environmental Protection Act 1990 Part II A waste management license is required for the disposal, keeping or treatment of ‘Directive Waste’. Disposal operations include: landfill, incineration, permanent storage and treatment prior to final disposal and the injection of waste in to the earth. Recovery operations include: reclamation and recycling.

2. Waste Management Licensing Exemptions (1) Waste Management Licensing Regulation s1994 In Regulation 17 and Schedule 3 there are 45 exemptions

3. Waste Management Licensing Exemptions (2) They do not apply to special waste Only allow a person to operate without a license The person must still comply with duty of care etc. Most of the exemptions require registration with the Environment Agency No fit and proper person test

4. Waste Management Licensing Exemptions (3) Only granted if consistent with objectives in Part I, Schedule 4 of the Regulations: no danger to human health no harm to environment no risk to water, air, soil, plants, animals no nuisance through noise or odours no adverse effect on countryside or places of special interest

5. Waste Management Licensing Examples of exemptions include: Paragraph 19. Storage of up to 3 months or use of construction or demolition waste, excavations, ash, slag, clinker, rock, wood, gypsum, or road planing for the provision of: a) recreational activities or b) construction, maintenance or improvement of a building, highway, railway, airport, dock or other transport facility (e.g. farm tracks)

6. Waste Management Licensing Section 33 Environmental Protection Act1990 Offences (1) It is a criminal offence: To "knowingly cause" or “knowingly permit" the: Deposit of waste in or on land where no license is in force or in breach of a license Treating, keeping or disposal of waste in or on land or by means of mobile plant where no license or in breach of license Treating, keeping or disposal of waste in a manner likely to cause pollution to the environment or harm to human health (even if in accordance with license)

7. Waste Management Licensing Exceptions to "knowingly cause" or “knowingly permit" the treating, keeping or disposal of waste in or on land where no license is in force or in breach of a license: household waste activities exempted from the need to have a license waste excluded from the need to have a license

8. Waste Management Licensing Section 33 Environmental Protection Act1990 Offences (2) To breach conditions of license

9. Waste Management Licensing Section 33 Environmental Protection Act1990 Offences (3) When controlled waste is deposited from a motor vehicle in contravention of s33 the person ‘who controls or is in a position to control the use of the vehicle’ is treated as knowingly causing the deposit ‘whether or not he gave any instructions for this to be done.’ Circular 11/94 states that the onus is on the owner or manager of vehicles to ensure that employees do not fly-tip waste. This does not apply to those who hire vehicles, as they do not control their use.

10. Waste Management Licensing Section 33 Environmental Protection Act1990 Defences It is a defence if the defendant: Took all reasonable precautions and all due diligence to avoid committing offence Acted under instructions from employer and no reason to suppose actions were an offence Acted in an emergency to avoid danger to public and took steps to minimize pollution or harm and notified the Environment Agency as soon as reasonably practicable

11. Waste Management Licensing Penalties Summary Imprisonment up to 6 months AND/OR fine up to £20,000 Indictment Imprisonment up to 2 years [5 years for special waste] and/or unlimited fine

12. Waste Management Licensing Application for a Licence Application made to the Environment Agency Consultation with the Health and Safety at Work Executive the Nature Conservancy Council and the planning authority There must be planning permission ‘in force in relation to the use of that land’ for a waste disposal or recovery operation Environmental assessments are required for waste management sites for incineration, chemical treatment and landfill of hazardous waste and for sites ‘likely to have a significant effect on the environment by virtue of factors such as nature size and location’

13. Waste Management Licensing Note: If work is to be undertaken on neighbouring land the owners of this land must be consulted but there is no obligation to consult the public

14. Waste Management Licensing Applicant is not a fit and proper person if: a) Applicant or "relevant person" convicted of a "relevant offence”. "Relevant persons" are: employees business partners previous company of which applicant an officer officers of applicant company The Agency has a discretion to disregard these requirements having regard to who was convicted, the nature and gravity of offence and the number of relevant offences

15. Waste Management Licensing b) Proposed activities will not be managed by a "technically competent person”. The proposed manager must have a Certificate of technical competence

16. Waste Management Licensing c) Inadequate financial provision (the applicant will not or cannot make financial provision adequate to discharge the obligations arising from the license) For example for landfill financial provision for the following is required: site acquisition and preparation site operation restoration / landscaping / aftercare post-closure control or monitoring

17. Waste Management Licensing Conditions Environment Agency can attach such conditions, as it considers fit taking into account: a) The duration of the activity b) Supervision of activities c) Specific types of waste to be covered d) Keeping records e) Associated works f) Effect on third parties e.g. whether their consent is required

18. Waste Management Licensing Transfer Under s 40 Environmental Protection Act 1990 a licence can be transferred from one person to another

19. Waste Management Licensing Surrender Under s 39 Environmental Protection Act 1990 A licence can only be surrendered if the Environment Agency accepts the surrender

20. Waste Management Licensing Supervision Section 42 Environmental Protection Act 1990 puts the Environment Agency under a duty to supervise waste management licences

21. Waste Management Licensing Modification, Suspension and Revocation Under ss 27 & 38 Environmental Protection Act 1990 the Environment Agency has power to modify, suspend or revoke a licence.

22. Waste Management Licensing A licence may be revoked where: The applicant ceased to be a fit and proper person by reason of having committed ‘relevant offences’ or Continuation of the activities would cause pollution to the environment or harm to human health or become seriously detrimental to the locality and That this cannot be avoided by modifying the licence.

23. Waste Management Licensing Appeals An applicant can appeal against rejection, modification, suspension or revocation to the Secretary of State

24. Integrated Pollution Prevention and Control (IPPC) Pollution Prevention and Control Act 1999 Pollution Prevention and Control Regulations 2000

25. Integrated Pollution Prevention and Control (IPPC) Disposal by Incineration Part A (1) activities are: The incineration of any waste chemical or plastic from their respective manufacture The incineration of any waste being or comprising any specified chemicals (Br, Cd, Cl, F, I, Pb, Hg, N, P, S, Zn) The incineration of any other hazardous waste (unless exempt) The incineration of municipal waste in a plant rated at over 3 tonnes per hour The incineration of any other waste, including animal remains in a plant rated at over 1 tonne per hour The burning out of residues from metal drums having been used for the storage or transport of chemicals

26. Integrated Pollution Prevention and Control (IPPC) Disposal by Incineration Part B activities are: The incineration of specified hazardous waste (‘clean’ oils and other liquid waste, non-hazardous sewage sludge and non-hazardous clinical waste) in a plant rated at less that 10 tonnes per day and less than 1 tonne per hour (unless in an exempt incinerator) The incineration of any non-hazardous waste in a plant rated at less than 1 tonne per hour (unless in an exempt incinerator) The cremation of human remains An exempt incinerator is one designed to incinerate at a rate of 50kg or less per hour but not being used for the incineration of clinical waste, sewage sludge or screenings or municipal waste.

27. Integrated Pollution Prevention and Control (IPPC) Disposal of Waste at Landfill Part A(1) activities are: The disposal of waste in a landfill receiving more than 10 tonnes per day or with a total capacity of more than 25,000 tones excluding disposals in landfills of inert waste only. At sites where the waste handling is below these thresholds the Waste Licensing system will continue.

28. Integrated Pollution Prevention and Control (IPPC) Disposal of waste other than by incineration or landfill Part A activities are: Disposal of hazardous waste in a facility rated at over 10 tonnes per day Disposal of waste oils in a facility rated at over 10 tonnes per day Disposal of non-hazardous waste in a facility rated at over 50 tonnes per day Biological treatment or physiochemical treatment

29. Integrated Pollution Prevention and Control (IPPC) Recovery of Waste Part A(1) activities are: Distillation of any oil or solvent Cleaning or regeneration of carbon charcoal or ion exchange resins Recovering hazardous waste in plant rated at over 10 tonnes per day by use principally as a fuel to generate electricity Solvent reclamation/regeneration Recycling/reclamation of inorganic materials, other than metals and metal compounds Regeneration of acids/bases Recovering of components from catalysts Oil re-fining or other re-uses of oil

30. Integrated Pollution Prevention and Control (IPPC) Applications Application must be made as follows: Part A (1) a permit must be obtained from the Environment Agency Part A (2) a permit must be obtained from the local authority Part B an air pollution permit must be obtained from the local authority (this is now called APC and was referred to as LAAPC)

31. Integrated Pollution Prevention and Control (IPPC) Conditions Conditions must ensure Emission Standards are set that will ensure that Environmental Quality Standards will be fulfilled Best Available Techniques are applied. Best Available Techniques as the most effective and advanced stage in the development of activities and their methods of operation

32. Integrated Pollution Prevention and Control (IPPC) Best Available Techniques Best - means the most effective in achieving a high level of protection of the environmental as a whole. Available - means techniques which are developed on a scale which allows implementation in the relevant industrial sector under economically and technically viable conditions taking in to consideration the costs and advantages …as long as they are reasonable accessible to the operator. Precaution and prevention is balanced with costs and benefits. Techniques - include the design, maintenance and operation of an installation.

33. Landfill Regulations Landfill (England & Wales) Regulations 2002 puts Landfill Directive (1999/31/EC) into effect Landfill Operators had to submit a Site Conditioning Plan by 16th July 2002

34. Landfill Regulations Exemptions (Regulation 4) Spreading of sludge as fertiliser Use of inert waste for construction purposes Deposit of non-hazardous dredging sludge Landfill which ceased to accept waste before 16th July 2002

35. Landfill Regulations Planning considerations (Regulation 5) Distances from residential and recreational areas, waterways and agricultural or urban sites Groundwater, coastal water or nature protection zones Geological or hydro geological conditions Risk of flooding, subsidence Protection of the natural or cultural heritage

36. Landfill Regulations Classification of Landfills (Regulation 7) Inert waste a site Hazardous waste Non-hazardous waste (including municipal waste)

37. Landfill Regulations Inert waste No significant physical, chemical or biological transformations; Does not dissolve, burn or otherwise physically or chemically react to give rise to environmental pollution or harm to human health Insignificant leachability and pollutant content in relation to surface water or underground water

38. Landfill Regulations Hazardous waste Hazardous waste is as defined in the Council Directive 91/689/EEC on hazardous waste

39. Landfill Regulations Non-hazardous waste Non-hazardous waste is defined as that which is neither hazardous nor inert

40. Landfill Regulations Waste that can be Landfilled (Regulation 10) Treated waste unless: Inert waste for which treatment is not technically feasible Treatment would not reduce its quantity or hazard

41. Landfill Regulations Criteria for acceptance of waste for all kinds of landfill Waste may only be accepted at a landfill where its acceptance would not: Result in unacceptable emissions to groundwater, surface water or the surrounding environment; Jeopardise environment protection systems e.g. liners, leachate and gas collection Put waste stabilisation processes at risk Endanger human health

42. Landfill Regulations Waste that can be Landfilled (Regulation 10) Inert waste that fulfils acceptance criteria for all kinds of landfill the additional criteria for acceptance of waste at landfills for inert waste

43. Landfill Regulations Additional criteria for acceptance of waste at landfills for inert waste Waste may only be accepted at a landfill for inert waste if: it is waste glass based fibrous materials, glass packaging, concrete, bricks, tiles and ceramics, glass, soil and stones or it otherwise falls within the definition of inert waste in regulation 7(4)

44. Landfill Regulations Waste that can be Landfilled (Regulation 10) Hazardous waste that fulfils the acceptance criteria for all kinds of landfill and the additional criteria for hazardous waste

45. Landfill Regulations Additional criteria for acceptance of waste at landfills for hazardous waste Waste may only be accepted at a landfill for hazardous waste if: Listed on the Hazardous Waste List of the European Waste Catalogue Total content or leachability Not a short-term occupational or environmental risk Would not prevent stabilisation

46. Landfill Regulations Waste that can be Landfilled (Regulation 10) Non-hazardous municipal waste other non-hazardous waste that fulfils the acceptance criteria for all kinds of landfill and is listed on the EWC Stable, non-reactive hazardous waste with insignificant leachability waste that fulfils the acceptance criteria for all kinds of landfill and is deposited in cells not used for biodegradable non-hazardous waste

47. Landfill Regulations Additional criteria for acceptance of waste at landfills for non-hazardous waste Waste may only be accepted at a landfill for non-hazardous waste if : It is listed on the Hazardous Waste List of the European Waste Catalogue or has similar characteristics to those so listed and it is stable, non-reactive hazardous waste with insignificant leachability in cells not used for biodegradable non-hazardous waste It is any other waste listed on the European Waste Catalogue or has similar characteristics to those so listed

48. Landfill Regulations Permit Conditions (Regulation 8) - Must: Authorise waste types and quantities Require the preparation and carrying out of the landfill operations and the monitoring and control procedures, including contingency plans Ensure adequate financial provision Ensure the operations are conducted to prevent accidents Require annually reports Ensure compliance with the Regulations

49. Landfill Regulations Prohibited wastes (Regulation 9) Any waste in liquid form Explosive, corrosive, oxidising, flammable or highly flammable waste hospital and other clinical medical or veterinary establishments or infectious wastes Chemical substances arising from research and development

50. Landfill Regulations Prohibited wastes (Regulation 9) (Cont.) Tyres after 16th July 2003 Except As engineering material Bicycle tyres Tyres with an outside diameter above 1400mm

51. Landfill Regulations Prohibited wastes (Regulation 9) (Cont.) Shredded Tyres After 16th July 2006 Except Bicycle tyres Tyres with an outside diameter above 1400mm

52. Landfill Regulations Prohibited wastes (Regulation 9) (Cont.) Waste which does not fulfil the relevant waste acceptance criteria. Waste must not be landfilled to dilute or mix solely to meet the relevant waste acceptance criteria

53. Landfill Regulations Charges (Regulation 11) Gate fee must be sufficient to cover the costs of setting up and operating the site, establishing and maintaining monitoring and the estimated costs for the closure and after-care of the site for at least 30 years.

54. Landfill Regulations Checking Deposits (Regulation 12) Operator must visually inspect at the entrance and at the point of deposit to ensure conforms to description and any samples taken to be retained for at least one month

55. Landfill Regulations Registers (Regulation 12) Operator must keep a register of: Quantities of waste deposited Characteristics Origin Dates of its delivery Identity of the producer/collector of municipal waste Precise location on site of hazardous waste

56. Landfill Regulations Written receipts must be given Refusals informed to the Environment Agency

57. Landfill Regulations Closure (Regulations 15 & 16) Operator or Agency Operators liable for maintenance, monitoring and control of the site for a period set by the Agency especially landfill gas, leachate and groundwater regime in the vicinity of the site. At any time after closure, an operator is free to apply to surrender the permit No “pollution risk” or not “likely to cause a hazard to the environment”

58. Landfill Regulations Offences (Regulation 17) Contravention of: Regulation 9 (prohibition of certain wastes) or 12 (waste acceptance procedures) Regulation 10 (1) or (2)(waste pre-treatment and the acceptance criteria for hazardous waste sites) Paragraph 3(5) of Schedule 4 (The operator of a landfill which is not classified as a landfill for hazardous waste shall only accept hazardous waste at that landfill on or after 16th July 2002 if it is stable, non-reactive hazardous waste with leaching behaviour similar to non-hazardous waste and so long as not in a cell with biodegradable waste).

59. Landfill Regulations Penalties Summary: a fine up to £20,000 or imprisonment for up to 6 months or both Indictment: a fine (unlimited) or imprisonment for up to 5 years or both on conviction