EAUC Waste Management Seminar Anna Latham Senior Consultant

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EAUC Waste Management SeminarAnna Latham
Senior Consultant
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Content

• Definition of waste
• Current Legislation and guidance
• UK Waste Strategy and the Waste Hierarchy
• Forthcoming developments

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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.

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Annex 1
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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

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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

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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

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EA Public Register
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License Details
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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

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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

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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

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Guidance - WM2
http//www.environment-agency.gov.uk/subjects/wast
e/1019330/1217981/1384307/
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EA List of Wastes (LOW) Guide

• List of most commonly used waste descriptions and
  their associated EWC codes
• http//www.environment-agency.gov.uk/business/4443
  04/444641/595811/1397154/

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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

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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

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Waste Management Chain
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)
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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

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Must send returns to consignor
Consignor
Carrier
Consignee
Must send details of hazardous waste received
every 3 months
Environment Agency
Must register annually
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SCOTLAND Special Waste Regulations 1996

• No mixing ban
• Purchase consignment notes from SEPA
• Single
• Succession
• Carriers Round

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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

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NORTHERN IRELAND Hazardous Waste Regulations
(Northern Ireland) 2005

• No requirement for registration of premises
• No mixing (same as EW)
• Consignment Notes and record keeping same as
  for Scotland

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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
• Dont store incompatible wastes
• Never mix hazardous wastes
• Use containment / bunding if necessary

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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

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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

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Pre-treatment of Non-Hazardous Waste

• 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.

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• http//publications.environment-agency.gov.uk/pdf/
  GEHO0207BLWJ-e-e.pdf

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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

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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)

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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

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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

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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

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• Approval and registration of compliance schemes
• Regulation of re-processors

• 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
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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

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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

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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

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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

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Other Producer Responsibility Legislation

• Already in place for
• Packaging
• End of Life Vehicles
• Forthcoming for
• Batteries Directive shortly to be implemented
• Tyres proposal stage

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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

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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

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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.

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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

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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.

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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-gui
  de-20080406.pdf

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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

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The Waste Hierarchy
Reduce
Reuse
Increased sustainability
Recycle
Recover
Disposal
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Help for organisations

• Business Resource Efficiency Programme (BREW)
  under review
• Waste and Resources Action Programme (WRAP)
• Envirowise
• National Industrial Symbiosis Programme (NISP)

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Contact Details

• Anna Latham
• Waterman Group
• Belgrave House
• 47 Bank Street
• Sheffield
• S1 2DR
• Tel [phone]
• E-mail a.latham_at_waterman-group.co.uk