Waterman Environmental

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Waste Legislation Update
Waterman Environmental Anna Latham, Senior
Consultant
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Waterman Environmental

• Multi-disciplinary consultancy engineering and
  environmental consultancy, offices throughout the
  UK and globally
• Environmental Consultancy Services include
• EIA, SEA
• EMS
• Due Diligence
• Sustainability Services
• IPPC and regulatory compliance
• Training

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• Provide quarterly legal update for Earth
  newsletter

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Objectives

• Waste legislation update / general discussion
• Introduction to www.legalregister.co.uk

www.legalregister.co.uk taking the hard work out
of environmental compliance
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Brainstorm

• What are the main issues relating to waste
  legislation affecting your institution?
• How do you ensure that you keep up to date with
  changes in legislation?

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Waste Legislation Update

• Pre-treatment of non-hazardous waste
• WEEE issues for Universities
• Battery recycling
• Review of Inert Waste Legislation

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Pre-treatment of Non-Hazardous Waste

• Requirement of the Landfill Directive from
  October 2007
• 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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Exceptions

• It is an inert waste for which treatment is not
  technically feasible
• It is a waste other than an inert waste and
  treatment would not reduce its quantity or the
  hazards that it poses to human health or the
  environment

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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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WEEE

• Waste Electrical and Electronic Equipment
  Regulations 2000
• Main issues for Universities
• Compliance with DoC
• Requirements to register as an exemption under
  WML?
• Are you a producer?
• Negotiating Supply contracts for new equipment

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Duty of Care

• WEEE purchased 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
• WEEE purchased after 13 Aug 2005
• Producer responsible, unless otherwise agreed
  with business user
• Transfer to Accredited Exporter or Authorised
  Accredited Treatment Facility
• Retain transfer notes / licenses etc.

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WML exemptions

• Para 49 exemption - Repair and/or refurbishment
  of WEEE
• http//www.environment-agency.gov.uk/subjects/wast
  e/1416460/1334460/1416503/1097663/?lang_e 
• Para 50 exemption - The storage of WEEE pending
  recovery elsewhere
• http//www.environment-agency.gov.uk/subjects/wast
  e/1416460/1334460/1329426/1737529/1737616/?version
  1lang_e

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Producer?

• 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 EEE into the UK
• Producers must register with a compliance scheme

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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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Battery Recycling

• Directive agreed May 2006, transposition within
  24 months
• Main requirements of Directive
• Collection targets (2012 25 2016 45)
• Recycling targets
• Restrictions on use of cadmium
• Producer responsibility
• BREW / WRAP looking at collection infrastructure
• Implications for end users e.g. segregation /
  disposal routes / DoC

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Review of Inert Waste Legislation

• Need to ensure that inert waste remains available
  to restore exhausted mineral extraction sites
• Aim is to regulate in a way that minimises
  burdens on business and maximise resource
  efficiency
• Result of Davidson Review / Aggregates Protocol
• Focus on CDE waste 90 million tonnes in 2005
• Waste Strategy 2007 target halve CDE waste
  going to landfill by 2012

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Review of Inert Waste Legislation

• EA construction sector partnership plan
• greater use of derogations from some of the
  Landfill Directive controls that are provided for
  inert waste
• revised guidance on the testing of inert wastes
  that are landfilled
• the quality of guidance, including classifying an
  activity as recovery or disposal.
• Implication for rules surrounding management of
  inert waste
• New buildings and Estates Management checks
  made on contractors / re-use of waste

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Environmental Legal Update Service

• ISO 140012004 requires

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Structure of Legal Register

• Most organisations try to keep up with this
  through reviewing relevant publications / web
  sites etc. Waterman takes a fresh approach
• Large range of environmental legislation held on
  Waterman database
• Relevant direct, indirect and forthcoming
  legislation identified for your organisation

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Structure of Legal Register
Simple description of legislation
Description of how legislation applies
Indication of compliance
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Service Levels

• Bronze
• Telephone interview to build register
• Silver
• Annual site visit
• brief description of applicability and indication
  of compliance
• inclusion of Other Requirements beyond
  legislation.
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• Gold
• Silver Service as above plus
• bespoke formal compliance audit of directly
  applicable laws.

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All Services Include

• Monthly legislation update to your e-mail
• Administrator access to allow you to edit your
  own applicability and compliance
• Read-only access for an unlimited number of users

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www.legalregister.co.uk

• Two logins
• Administrator
• Read Only

Enter Username and Password here
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Charges

• Quoted on an organisation specific basis
  depending upon size, scope and complexity of
  activities
• EAUC Conference Offer 10 discount voucher for
  Year 1 charges if you contact us for a site visit
  and quote before end August 2008