0. EAUC Waste Management Seminar Anna Latham Senior Consultant

1. Content Definition of waste Current Legislation and guidance
UK Waste Strategy and the Waste Hierarchy
Forthcoming developments

2. 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.”

3. Annex 1

4. Controlled Waste Regulations 1992, as amended
Three categories of controlled wastes:
Household
Industrial
Commercial
Wastes to which waste legislation applies
Radioactive wastes outside control

5. 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

6. 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

7. EA Public Register

8. License Details

9. 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

10. 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

11. 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

12. Guidance - WM2 www.legalregister.co.uk

16. EA List of Wastes (LOW) Guide
List of most commonly used waste descriptions and their associated EWC codes

17. 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

18. 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

19. 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)

20. 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

21. Consignor Carrier Consignee Environment Agency
Must send returns to consignor
Consignor
Carrier
Consignee
Must send details of hazardous waste received every 3 months
Environment Agency
Must register annually

22. Special Waste Regulations 1996
SCOTLAND
Special Waste Regulations 1996
No mixing ban
Purchase consignment notes from SEPA
Single
Succession
Carriers Round

23. Special Waste Regulations 1996
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

24. 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

25. 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
Don’t store incompatible wastes
Never mix hazardous wastes
Use containment / bunding if necessary

26. Environmental Permitting (England and Wales) Regulations 2007, as amended Landfill (Scotland) Regulations 2003, as amended Landfill (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

27. 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

28. 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.

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

30. 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

31. 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 announced (previously £3)

32. 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

33. 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

34. 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

35. Approved Authorised Treatment Facility
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

36. 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

37. 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

38. 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

39. 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

40. Other Producer Responsibility Legislation
Already in place for:
Packaging
End of Life Vehicles
Forthcoming for;
Batteries – Directive shortly to be implemented
Tyres – proposal stage

41. 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

42. 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

43. 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.

44. 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

45. 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.

46. Guidance: http://www.netregs-swmp.co.uk/simple-guide-20080406.pdf
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:

47. 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:

48. The Waste Hierarchy Reduce Reuse Increased sustainability Recycle
Recover
Disposal

49. Help for organisations
Business Resource Efficiency Programme (BREW) – under review
Waste and Resources Action Programme (WRAP)
Envirowise
National Industrial Symbiosis Programme (NISP)

50. Contact Details Anna Latham Waterman Group Belgrave House
47 Bank Street
Sheffield
S1 2DR
Tel: