Waste - Disposal

• EC Framework Directive on waste 75/442/EEC as amended by EC Directive 91/156/EEC

The most important of the Directives adopted on waste is the 1975 "Framework" Directive which established general rules for waste management. This has been amended by the 1991 Directive. An important objective of the Directive is to ensure "that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and in particular without (a) risk to water, air, soil, plants or animals; (b) causing nuisance through noise or odour; or (c) adversely affecting the countryside or places of special interest. Great emphasis is placed on the prevention, reduction, reuse and recycling of waste and on the use of waste as a source of energy.

• Environment Protection Act 1990 (EPA 90)

Part II of EPA 90 introduces the Duty of Care, which obliges waste producers to manage their waste responsibly.

• Environment Protection (Duty of Care) Regulations 1991

Under these Regulations any person who imports, produces, carries, keeps, treats or disposes of controlled waste has a duty to take all reasonable steps to ensure that their waste is handled lawfully and safely.

• Waste Management Licensing Regulations 1994 (as amended)

The Waste Management Licensing Regulations 1994 make provision related to the bringing into force of the Waste Management Licensing System under Part II of EPA 90 and for the purposes of implementing several key EC Directives on waste. These Regulations are revoked in so far as they apply to England and Wales.

• Environmental Permitting (England and Wales) Regulations 2007

These Regulations replace the system of waste management licensing in Part II of the Environmental Protection Act 1990 and the Waste Management Licensing Regulations 1994 in England and Wales. They transpose provisions of a variety of Directives required to be delivered through permits.

• Controlled Waste Regulations 1992 (as amended)

These regulations define "Controlled Waste" for the purposes of EPA 90. Three categories of controlled waste are defined i.e. household, industrial and commercial. The definition of Controlled Waste has been amended (see below) by the EU Framework Directive on Waste (via the Waste Management Licensing Regulations 1994). See Waste Definitions below.

• Special Waste Regulations 1996 (as amended) (only apply in Scotland)
• Hazardous Waste Regulations (England and Wales) 2005

These Regulations impose procedures for Special Waste/Hazardous Waste that add to those already under the Duty of Care, including requirements for transportation and disposal within a strict documented framework (see Transfer of Special Waste).

• Pollution Prevention & Control (Scotland) Regulations 2000 (as amended)
• Pollution Prevention & Control (England and Wales) Regulations 2000 (as amended)

PPC Regulations introduce a system where one permit will cover all activities, removing the need for a company to apply for various consents for discharges to different media. They incorporate certain provisions from the system of Waste Management Licensing. Companies will have to produce a waste minimisation plan to show the measures are implemented. Permits will be required for all new installations or existing ones that have been substantially changed. The Regulations cover waste processes such as incineration, landfill sites and hazardous waste treatment (see IPPC Permits).

• Waste Incineration (Scotland) Regulations 2003
• Waste Incineration (England and Wales) Regulations 2003

These Regulations are implemented under the Pollution Prevention and Control Act 1999. They implement the provisions of Council Directive 2000/76/EC on the incineration of waste. It should be noted that these Regulations exclude waste resulting from oil and gas exploration and production operations and incinerated on board the installation.

• Landfill Directive 1999/31/EC

This Directive aims to improve standards of landfill through setting specific requirements for the design, operation and aftercare of landfills and for the types of waste that can be accepted. The Directive aims to reduce the amount of biodegradable municipal waste sent to landfill. All landfill sites are to be classified as either hazardous, non hazardous or inert. Certain wastes will be banned from landfill sites over a number of years including liquids and explosives.

These requirements are implemented in the UK through the:

• Landfill (England and Wales) Regulations 2002
• Landfill (Scotland) Regulations 2003
• Landfill Tax Regulations 1996

These regulations empower HM Customs and Excise to levy a tax against the disposal of waste to landfill. Although operators of landfill sites are responsible for paying the tax, costs are passed on to those disposing of the waste. Two levels of tax are set a) inert or inactive waste and b) all other waste. Certain materials are exempt including dredged material from harbours, naturally occurring materials from mining or quarrying and waste from the clearance of historically contaminated land.

• Landfill Tax (Materials removed from Water) Order 2007

This Order came into force on 30/10/07. It exempts from landfill tax the disposal of material that has been removed from water and other material added to it so that it is not liquid waste.

• EC Directive on the disposal of waste oils 75/439/EEC
• EC Directive on protection of groundwater 80/68/EEC
• Recommendation of the European Parliament and the Council (2001/331/EC) on the minimum criteria for environmental inspections
• Commission Decision 2000/532/EEC as amended by Commissioning Decision 2001/118/EC and 2001/119/EC (European Waste Catalogue and Hazardous Waste List)
• Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills

• Persistent Organic Pollutants Regulations 2007

POP Regs are implemented under the global treaty - the Stockholm Convention on Persistent Organic Pollutants. The regulations came into force in December 2007 and enforce provisions relating to disposal of stockpiles and waste management of pollutants such as pesticides and industrial chemicals; typically DDT / PCBs which persist in the environment and may bioaccumulate through the food chain.

• EU Batteries Directive 2006/66/EC

The UK and all other Member States have a deadline of 26 Sept 2008 to transpose the provisions into national law. When the Directive is transposed in the UK, the Directive will reduce the quantity of hazardous and non hazardous waste batteries going to landfill and increase the recovery of the materials they contain.

The Directive seeks to improve the environmental performance of batteries and accumulators and of the activities of all operators involved in the life cycle of batteries and accumulators, e.g. producers, distributors and end users and, in particular, those operators directly involved in the treatment and recycling of waste batteries and accumulators.

• Waste Management The Duty of Care - A Code of Practice
• Waste Management Paper 4 - Licensing of Waste Management Facilities (1994)

This is applicable to England, Wales and Scotland.

• Waste Management Paper 4a (Scrap Metal)
• National Planning Policy Guidance 10 - Planning and Waste
• Scottish Executive Planning Advice Note No 63 - Waste Management Planning
• National Waste Strategies/Area Waste Plans

National Waste Strategies (NWSs) for England/Wales and Scotland have been adopted. These provide a framework for reducing the amount of waste produced and to deal with waste in more sustainable ways. Following adoption of the NWSs, Area Waste Management Plans have been developed to provide locally based framework documents for the strategic planning of an integrated network of waste management facilities.

• Scottish National Waste Strategy 1999
• Scottish National Waste Plan 2003
• Scottish Area Waste Plans Index
• English National Waste Strategy 2000
• Welsh National Waste Strategy 2002

The Second Edition of Guidance on Directive 2000/76/EC on the Incineration of Waste is out for consultation

Waste Management Licence required for any waste disposal activities (unless activities fall under the PPC Regulations).

Some waste disposal processes as determined by Schedule 1 of the PPC Regulations 2000 (e.g. landfill and incineration of hazardous waste) will now require an IPPC Permit (which will replace any existing Waste Management Licence). Discussions will be needed with EA/SEPA as to which permit route is applicable (see IPPC Permits). Where waste disposal facilities are within e.g. an onshore terminal, any waste disposal operations are likely to be covered under new IPPC permits, as IPPC applies to the installation rather than the process. Existing landfill and incineration installations will require an IPPC Permit over time as set out in the IPPC Transitional Schedule.

An application for a Waste Management Licence may only be made if planning permission has been granted, or the land in question has an "established use" certificate. Planning applications may require an EIA depending on their size and nature. Planning applications will include consideration of nuisance (e.g. atmospheric emissions) and impacts to groundwater resources.

For waste disposal activities falling under the PPC Regulations, see IPPC Permits.

Applications for Waste Management Licences must be made on a form provided by the appropriate Agency. Contact EA or SEPA for advice. They will meet you to discuss the proposals and explain the application process.

As part of the licence application you will need to prepare a working plan. This document describes how to prepare, develop, operate and restore (where relevant) the site or plant. If you write a comprehensive working plan it will help to avoid delays in processing your application. It may also mean that some of your licence conditions could be less restrictive, giving you more opportunity for flexibility in your operations.

The licence application should demonstrate that the applicant is a "fit and proper" person. Demonstration of this includes having adequate financial provision to cover the licence obligations, whether a technically competent person will be managing the licensed activities and whether there are any convictions for relevant offences.

Waste Management Licences are not normally needed for the following activities, but establishments or undertakings carrying out an exempted activity must be registered with SEPA/EA:

• Recovery or reuse of waste (e.g. burning waste as fuel, recycling of packaging or containers, waste to land etc.)
• Operations leading to recovery/reuse or disposal (e.g. crushing or grinding bricks or concrete, dredging of waterways, recovery or disposal as part of the production process etc.).
• Disposal of own waste at the place of production (e.g. disposal by incineration at the place of production, burning waste in the open, waste from prospecting).
• Other deposits of waste (e.g. temporary storage of ships' garbage or tank washings, storage of waste not at the place of production, storage of waste at the place of production).

It should be noted that an activity falling into one of the exempted categories will not necessarily be exempt and the Schedule to the Waste Management Licence Regulations 1994 should be checked. In most cases the exemptions do not apply where the types and quantities of waste may have environmental and health implications. Exemptions do not apply to Special Waste .

Apply in writing using application form provided by the appropriate Agency (SEPA/EA).

SEPA/EA as appropriate

Most waste from commerce and industry are Controlled Wastes, including materials that are to be recycled (see Waste Classification). Controlled waste includes waste arising from domestic, industrial and commercial premises as well as Special Waste (or Hazardous Waste) for which there are additional regulations.

Scrap metal is a controlled waste for the purpose of Duty of Care under 1995 amendments made to the Controlled Waste Regulations 1992. Additional guidance on scrap metal is available under Waste Management Paper No 4a.

The National Waste Strategies for England, Wales and Scotland set out the key principles to meet future objectives and statutory objectives for waste management with drives towards reduction of waste production at source as well as recycling and reuse of waste (see Waste Minimisation).

UK objectives are to reduce the amount of waste at source or recycle/reuse as far as possible. Waste disposal is seen as the final option. The two main options for waste disposal are:

• Incineration, with or without Energy Recovery. All incineration and energy from waste options are waste reduction rather than disposal processes and require disposal of residues either to landfill (incinerator fly ash is a Hazardous Waste) or for other purposes such as road construction. Incineration without energy recovery is not generally considered to be a viable option.
• Landfill and Landraising. Although landfill will continue to be needed, the EU Landfill Directive has targets to minimise landfill. From July 2002, all landfill sites require to be classified by EA/SEPA as hazardous, non-hazardous or inert. Mixed disposal at landfill sites is no longer permitted. The landfill tax has also imposed increased costs on the use of landfill. Explosive, corrosive, oxidising, flammable and infectious wastes are now banned from all landfill sites as are wholes tyres and from July 2006 all tyres.
• Pre-treatment. The Landfill Regulations introduce the concept of pre-treatment of waste. This requires that any landfill that has been granted its licence since July 2001 must only take waste that is pre-treated. From July 2004, all hazardous landfill sites must only take waste that is pre-treated. Consultation is ongoing on the definition and application of pre-treatment, but it is expected that by October 2007 at the latest, no waste will be able to be collected and taken to landfill without some weight reduction being applied through source segregation or sorting at transfer stations. 'Pre-treatment' is clarified in the current Waste Strategy for England 2007 (pdf) .

Under the Landfill Tax Regulations a landfill tax was introduced. Two levels of tax are set a) inert or inactive waste and b) all other waste. The inert waste rate of £2 per tonne will increase to £2.50 per tonne in 2008. The standard rate of landfill tax will be increased from £24 per tonne in 2007/08 by £8 per year until at least 2010/11, by which time it will have reached £48 per tonne.

Although the amount dumped in landfill has been decreasing, Britain is facing fines from the European Union if it does not make further reductions. The tax to dump rubbish in landfill sites is rising sharply.  The cost went up on 1 April 2008 by £8 a ton, to £32, and will rise to almost £50 a ton over the next three years.

The PPC Permit or Waste Management Licence will stipulate any requirements for air/water monitoring required.

Records should be kept that detail the quantity, nature, origin, and where relevant, destination, frequency of collection, mode of transport and treatment method of any waste disposed of or recovered.

A Transfer Note should be completed whenever waste is handed over to an authorised person and should be signed by all parties. The transfer note details from whom and to whom the waste has been transferred, the category of authorised person to whom the waste has been consigned, relevant licence numbers, time, place and date of transfer as well as information on the quantity of waste, how it is packed and a description of the waste.

The transfer note, to be completed and signed by both persons involved in the transfer, must include:

• What the waste is and how much there is;
• What sort of containers it is in;
• The time and date of transfer;
• Where the transfer took place;
• The names and addresses of both persons involved in the transfer;
• Whether the person transferring the waste is the importer or the producer of the waste;
• Details of which category of authorised person each one is. If the waste is passed to someone for authorised transport purposes, you must say which of those purposes applies;
• If either or both persons is a registered waste carrier, the certificate number and the name of the EA or SEPA office which issued it;
• If either or both persons is a waste management licence, the licence number and the name of the EA or SEPA office which issued it; and
• The reasons for any exemption from the requirement to register or have a licence; and
• where appropriate the name and address of any broker involved in the transfer.

The written description must provide as much information as someone else might need to handle the waste safely.

The List of Waste Regulations 2005 (England) transpose the European Waste Catalogue (EWC) into domestic legislation. The term ‘European Waste Code’ has been replaced by ‘List of Waste’ (LOW). The description must therefore refer to the LOW which provides descriptions of waste types from processes and industrial sectors.

In the case of repeated transfers and where such transfers involve consignment of the same type of waste to the same authorised person, a transfer note need not be completed on every transfer. In such circumstances, a transfer note should be completed at least annually and systems should be in place to ensure that no authorised or accidental deviation from the original consignment details take place.

SEPA/EA will make inspections of facilities which collect/transport or recover/dispose of waste, or which arranges for the recovery/disposal of waste on behalf of others.

SEPA/EA may serve notice on a waste holder requesting copies of relevant documents (transfer notes) within seven days.

Inspections of exempted activities are undertaken annually.

Dumping of any waste (including special waste) or treating it without a licence may result in a maximum fine of £20,000 and/or six months in prison or summary conviction of an unlimited fine and/or two years in prison (five years if special waste is involved) on conviction on indictment.

Failure to supply copies of transfer notes may result in a fine of up to £5,000 on summary conviction or an unlimited fine on conviction on indictment.

Where the regulatory authority has reason to believe that the licence holder has ceased to be a "fit and proper" person or licence conditions are being breached, or that activities may cause harm to the environment or human health, it may serve notice that it intends to suspend or partially revoke the licence. In suspending or partially suspending the licence, the licence holder may be required to take the necessary steps to deal with or avert the pollution. If emergency remedial action is required, the regulatory authority may carry out the necessary work and then recover the expenditure from the licence holder.

It is an offence for an undertaker of an exempted activity not to be registered.

Waste Management Licence

Licence conditions will normally be reviewed annually to ensure they remain appropriate the activities carried out at the site.

Exemption

Registrations are valid indefinitely.

The Environmental Permitting (England and Wales) Regulations 2007 replace the licensing system in Part II of the Environmental Protection Act

The introduction of a more streamlined Environmental Permitting Programme (EPP) is part of an initiative designed to reduce costs for business and regulators. See DEFRA guidance

Section 37 of EPA 90 places a duty on the regulatory authority to take the necessary steps to ensure that Waste Management Licence conditions are being met and that licensed activities are not causing any pollution or harm to human health. If necessary the regulatory authority may by notice modify the licence conditions.

The licence holder may also apply for licence conditions to be varied. Contact the EA or SEPA to discuss proposals in the first instance.

The programme includes specific actions to improve waste legislation in Scotland; a system for electronic registration of waste management licensing exemptions guidance and advice. A significant redesign of SEPA’s website is underway which should result in easier access to waste information. A significant output from the programme will be the consolidation of approximately 20 pieces of legislation relating to waste management licensing into one piece of legislation. The Scottish Government has already started this work. In focussing on waste, SEPA hopes to be able to target illegal operators with greater effectiveness.

The Environmental Permitting (EP) Regulations 2007 introduced new and revised standard rules and generic risk assessments concerning waste operations under the Integrated Pollution Prevention and Control Directive. Standard rules define how operators must carry out activities, for example by limiting the types of waste that can be brought onto a site. If an operator wishes to carry out an activity covered by standard rules they can apply for a standard permit. This will be quicker and easier than applying for a bespoke permit with a more detailed assessment. The Environment Agency is currently consulting on proposed rules under the Environmental Permitting Regulations.

The Environmental Liability Directive was adopted in 2004 and was required to be implemented by 30 April 2007.  The Directive enforces strict liability for prevention and remediation of environmental damage to ‘biodiversity’, water and land from specified activities and remediation of environmental damage for all other activities through fault or negligence. 

DEFRA undertook a consultation on draft Regulations and guidance on UK implementation of the Environmental Liability Directive 2004/35/EC. Further information on implementation of the Directive can be found on the DEFRA website.

Scottish Government has launched a 2nd Consultation on implementation of the Environmental Liability Directive. Closing Date for Responses 8 August

EU Batteries Directive

Has to be implemented in the UK by late 2008. Defra has provided guidance and a consultation process prior to implementation. The legislation intends to reduce the impact of batteries and accumulators and of the activities of all users and disposers within the supply chain.

The revised Batteries Directive should be transposed by Member States into national law by 26/09/08. (Consultation available from DEFRA).

Comes into force on 30/10/07. It exempts from landfill tax the disposal of material that has been removed from water and other material added to it so that it is not liquid waste.