ENVIRONMENTAL CODE OF PRACTICE

Waste Legislation

Overview

Waste disposal, deposit, recovery & recycling in England, Wales and Scotland is regulated primarily through Part II of the EPA and the Waste Management Licensing Regulations 1994 and in Northern Ireland through the Waste and Contaminated Land (Northern Ireland) Order 1997. Under the legislation all controlled waste must be deposited, disposed of, recycled or recovered at a suitably licensed site, or a site that is registered as exempt from waste management licensing. In addition, controlled waste must be transported to a licensed (or exempt) site by an authorised waste carrier. It is an offence to deposit waste on land that does not have a waste management licence (or exemption) in force. Companies found guilty for Environmental offences are regularly reported in the various industry publications and the press.

Licensing of waste disposal and treatment facilities, waste carriers and brokers and the monitoring of waste management activities is the responsibility of the Environment Agency in England and Wales and the Scottish Environment Protection Agency in Scotland.

In Northern Ireland, the Waste Management Inspectorate, part of the Department of the Environment (Northern Ireland) has responsibility for licensing sites, waste handlers and monitoring waste management activities. Local authorities are required to have a plan for the collection and disposal of controlled waste in their area.

EPA Section 34 and Waste and Contaminated Land: ‘The Duty of Care’

One of the most significant pieces of waste legislation that affects all marine companies is established by section 34 of the EPA and the Water and Contaminated Land (NI) Order, and is known as ‘The Duty of Care’. Under the Duty of Care, anyone who imports, produces, carries, keeps, treats or disposes of controlled wastes must take all reasonable measures to prevent the escape of waste from their, or anyone else’s care. In addition, waste must only be transferred to someone authorised to transport waste, and a signed ‘transfer note’ must accompany any transfer of waste. This note must contain information about the waste and the parties involved in the transfer. A single transfer note can cover multiple consignments, for up to 1 year, provided that the details are the same. The records of transfer notes must be kept for two years. Breach of any provisions of these requirements is a criminal offence.

An easy to use Waste Directory showing small businesses in England and Wales where to find licensed sites for recycling or disposing of their waste has been produced by NetRegs, the government website that provides clear guidance on environmental regulations. Sites for Scotland and Northern Ireland are also included.

Waste Framework Directive

The EU Waste Framework Directive (75/442/EEC) sets the overall framework for legislation relating to waste throughout the UK. From this Directive, waste licensing, the duty of care and waste strategies have all been enshrined in law. The Waste Framework Directive requires every EU member state to produce a statutory National waste management plan. The basic aims are to ensure that waste is managed without endangering human health and without harming the environment and to provide an integrated and adequate network of waste management installations, so that waste can be disposed of close to its point of productivity and that each member state becomes self sufficient in terms of waste disposal. This directive also promotes waste reduction through the waste hierarchy.

Hazardous Waste Directive

The EU Hazardous Waste Directive (91/689/EEC) sets the framework for provisions to control the movement of hazardous wastes. The aim of the HWD is to provide a precise and uniform European-wide definition of hazardous waste and to ensure the correct management and regulation of such waste.

The HWD defines hazardous waste as wastes featuring on a list drawn up by the European Commission, because they possess one or more of the hazardous properties set out in the HWD.

In 1994, a comprehensive list of all wastes, hazardous or otherwise, was produced pursuant to the Waste Framework Directive. This list was known as the European Waste Catalogue (EWC 1994). As a result of the HWD, this catalogue has been updated, combined and significantly extended to form the Hazardous Waste List.

The Hazardous Waste Regulations 2005 implement the provisions of the Hazardous Waste Directive in England, Scotland and Wales. The Hazardous Waste Regulations (2005) set out the rules for assessing if a waste is hazardous or not. As part of the assessment of waste, the HWR refer you to the “List of Wastes”, also known as the European Waste Catalogue (EWC).

Landfill Directive

The EU Landfill Directive (99/31/EC) aims to prevent or reduce as far as possible the negative environmental effects of landfill. The Directive has been transposed into law in England, Wales and Scotland and has had a major impact on waste regulation and industry in the UK. It will significantly reduce the total amount of waste taken to landfill, bring about changes to site operating procedures and raise the costs of landfill disposal.

Many of the provisions are already incorporated into the UK waste management licensing regime, however, the technical elements of the Directive have been partly implemented by the Landfill (England & Wales) Regulations 2002 and the Landfill (Scotland) Regulations 2003.
In summary, the Directive requires that:

Sites are classified into one of three categories: hazardous, non-hazardous or inert, according to the type of waste they receive. This came into force on 16 July 2004. Inert waste sites may only accept inert waste. Non hazardous waste sites may be used for municipal waste, other non-hazardous waste and hazardous waste that has been stabilised. This Directive specifically bans co-disposal, in effect from July 2004.

Biodegradable waste will be progressively diverted away from landfills.

Certain hazardous and other wastes, including liquid waste are prohibited from landfills.

From 30 October 2007, landfills can no longer accept untreated waste.

You should review how your business manages its waste and speak to your waste management contractor about this new requirement.

Further Guidance from the Environment Agency can be downloaded here.

Site Waste Management Plans (SWMP)

The requirement to prepare, update and implement a SWMP is set out in the Site Waste Management Plans Regulations 2008 which came into effect on 6 April 2008.

In accordance with these Regulations anyone intending to carry out a construction project on one site with an estimated cost greater than £300,000 must, before work begins, prepare a SWMP.

DEFRA have produced guidance for anyone planning to carry out construction work and explains the purpose behind the plans, the legal duty to write and implement one and how, by completing one, construction project costs can be significantly cut. Above all it demonstrates that SWMPs are only part of the story; that by addressing materials resource efficiency at the earliest stage in the design process savings can be maximised and construction made more sustainable.

The purpose of SWMPs

SWMPs aim to address two key issues:

  1. improving materials resource efficiency, by promoting the economic use of construction materials and methods so that waste is minimised and any waste that is produced can be re-used, recycled or recovered in other ways before disposal options are explored; and
  2. reducing fly-tipping, by restricting the opportunities available for the illegal disposal of waste by ensuring compliance with existing legal controls and providing a full audit trail of any waste that is removed from the construction site.

Although it is a legal requirement to write and implement a SWMP, the greatest cost savings are likely to be achieved as a result of the consideration of materials resource efficiency which will be a necessary part of the preparation, before the SWMP is drafted.

Waste Electrical and Electronic Equipment Directive (WEEE)

The Waste Electrical and Electronic Equipment Directive (WEEE Directive) came into force in January 2007.

The WEEE Directive aims to both reduce the amount of electrical and electronic equipment being produced and to encourage everyone to reuse, recycle and recover it.

The WEEE Directive also aims to improve the environmental performance of businesses that manufacture, supply, use, recycle and recover electrical and electronic equipment.

If you are an importer, rebrander or manufacturer of new electrical or electronic equipment then it's likely that you'll need to comply with the UK's WEEE Regulations, which in part implement the WEEE Directive. If you do need to comply, then you must register on a producer compliance scheme.

If you are a business end user of EEE you no longer need to pay for the disposal of EEE when it becomes waste, producers pay for the treatment, collection and recycling in most cases.

A range of substances, preparations and components will have to be removed from any separately collected WEEE including:
• Batteries
• Toner cartridges
• Asbestos waste and components which contain asbestos
• Cathode Ray Tubes (CRTs)
• External electrical cables

The Department for Business Enterprise and Regulatory Reform (BERR) are the lead authority and further information can be found on their website.


Restriction of Use of Certain Hazardous Substances in Electrical and Electronic Equipment Directive (ROHS)

The ROHS Directive facilitates the dismantling and recycling of WEEE by restricting the use of hazardous substances used in their manufacture. From July 2006, the use of lead, mercury, cadmium, hexavalent chromium, poly-brominated biphenyls (PBBs) and poly-brominated diphenyl ethers (PBDEs) was banned in new products.

EU Batteries Directive

Battery producers and retailers are to become responsible for battery recycling as new rules came into force on the 5th May 2009. If you produce more than one tonne of portable batteries per year you have to join an approved ‘compliance scheme’ that will manage collection and recycling. If your business wants to offer a compliance scheme you must apply on or before 31 May 2009.

The new legal obligations have been split into two parts:

  • Requirements on collecting, treating and recycling waste batteries and accumulators, through the Waste Batteries and Accumulators Regulations 2009. These rules came into force on 5 May 2009, and producers will have to pay for the collection, treatment and recycling of batteries from 1 January 2010.
  • Requirements on battery labelling and design through the Batteries and Accumulators (Placing on the Market) Regulations 2008 SI 2164. These rules are now in force.

Who do the battery recycling regulations affect?

The regulations affect any business that uses, produces, supplies, or disposes of batteries, as well as any business that manufactures or designs battery-powered products.

IMPORTANT  - Producers are defined in the Regulations as; ―...any person in the United Kingdom that, irrespective of the selling technique used [distance sellers included] places batteries including those incorporated into appliances or vehicles on the market for the first time in the United Kingdom on a professional basis”.

Specifically, the regulations affect the following businesses:

  • manufacturers
  • importers
  • distributors
  • end-users (virtually every business in the UK)
  • businesses involved in treating and recycling waste batteries and accumulators
  • vehicle sales and maintenance businesses.

What are the battery recycling regulations?

Waste portable, industrial (including marine batteries) and vehicle batteries in the UK must be separately collected, treated and recycled.

Portable battery producers

If you produce portable batteries you must collect data on the amount of batteries you place on the market from 5 May 2009.

If you place up to one tonne of portable batteries on the UK market per year you will not have to pay for the collection, treatment and recycling of batteries. You will have to register with your environmental regulator: Environment Agency in England and Wales, NIEA in Northern Ireland and SEPA in Scotland. 

If you place more than one tonne of portable batteries on the UK market per year you will have to pay for the collection, recycling and disposal of waste batteries in proportion to your market share from 1 January 2010.

You will have to register with a battery compliance scheme that will arrange the collection, recycling and disposal of batteries on your behalf.

Your environmental regulator will enforce the regulations for waste portable batteries.

You must also ensure that the batteries you place on the market comply with the regulations on battery labeling and design.

Portable battery sellers

From 1 February 2010, if you sell 32kg or more of household batteries you will have to take back these batteries in-store, free of charge, when they become waste.

Industrial and vehicle battery producers

If you produce industrial and automotive batteries you will have to register directly with the Department for Business Enterprise and Regulatory Reform (BERR).

The producer registration requirements take effect on 16 October 2009. Any producer who is required to register must make an application for registration to BERR within 28 days of the first date on which he places batteries on the market for the first time in the UK after 16 October 2009.

You will have to arrange separate collection and recycling of waste industrial batteries and vehicle batteries.  You must ensure that all waste batteries that you take back or collect are delivered for treatment and recycling to an approved battery treatment operator or an approved exporter. 

You are classified as a producer if you are a company with a UK presence which imports goods (which include batteries) into the UK and then sell them wholesale in the UK.

Disposal of waste industrial and automotive batteries by landfill or by incineration will be banned from 1 January 2010.

Battery users

Battery users will be:

  • encouraged to separate their waste batteries to help treatment and recycling
  • informed about collection and recycling schemes available.

Further information

The Government has produced a 56 page guidance note for the waste batteries and accumulators regs 2009.

Port Waste Reception Facilities

The Directive, Port Reception Facilities for Ship Generated Waste and Cargo Residues (2000/59/EC) was transposed in the UK by the Merchant Shipping (Port Waste Reception Facilities) Regulations 2003 and revokes the Merchant Shipping (Port Waste Reception Facilities) Regulations 1997 to prevent waste produced on board ships from getting into the sea.

The basic elements of the Directive are that those who operate shore side facilities have an obligation to provide facilities to enable vessels to land waste for disposal and to avoid dumping of waste at sea and must produce and submit to the Maritime and Coastguard Agency (MCA) a waste management plan.

In May 2009, the DfT amended the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 to include sewage disposal from ships.

The major requirements of the 2003 Regulations as amended are as follows:

a) Ships must notify the harbour authority or terminal operator before entry into the port/terminal of the waste they will discharge, including information on types and quantities. Ships do not have to notify about sewage if they intend to discharge it at sea in accordance with MARPOL.

b) Ships must deliver their waste to port reception facilities before leaving the port or terminal, unless it is sewage or they have sufficient dedicated storage capacity for the waste that has accumulated and is expected to accumulate during the voyage to the next port of call.

c) Ships must pay a mandatory charge to significantly contribute to the cost of port reception facilities for ship generated waste, whether they use them or not.

d) Recreational craft authorised to carry, or designed to carry no more than 12 passengers and fishing vessels must deliver their waste (other than sewage) to port reception facilities but are exempted from the requirement to notify before entry into port and the requirement to pay a mandatory charge.

A marina accommodating craft designed and authorised to carry more than 12 passengers must provide suitable facilities to allow these craft to discharge their sewage without causing undue delay.  As a result any Ports Waste Management Plans should be updated to accommodate this change.  Marinas are not required to install pump-out facilities under this new regime.  Appropriate contact details for contractors are an adequate provision to manage this requirement.

BMF and RYA have published a guide Port Waste Management: A Guide for Marina Operators and Coastal Clubs.

The MCA have produced a Marine Guidance Note (MGN 387), which consolidates previous MGNs on this subject - MGN 253, 259 and 326 and revises information where appropriate.  It also sets out the additional Sewage requirements and the updated notification form include sewage which needs to be completed.

 To download the guidance note, visit http://www.mcga.gov.uk/c4mca/mcga-mnotice.htm?textobjid=0873B02E680D8ACE

© British Marine Federation 2003-2008
A company limited by guarantee. Registered in England Number 2592536
Marine House, Thorpe Lea Road, Egham, Surrey TW20 8BF
Tel 01784 473377 | Fax 01784 439678 | info@britishmarine.co.uk