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:
- 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
- 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