Waste - Minimisation

• Environmental Protection Act 1990 (Section 49)

Requires waste collection authorities to investigate and draw up plans for recycling schemes.

• Waste Minimisation Act 1998

This enables local authorities to arrange for waste minimisation in their areas.

• Producer Responsibility Obligations (Packaging Waste) Regulations 2007
• The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2008

These Regulations implement Council Directive on Packaging and Packaging Waste 94/62/EC, which sets targets for member states for the recycling and recovery of packaging waste.

The Regulations apply to all those in the "packaging chain" (see Performance Standards) who handle over 50 tonnes or more of packaging waste each year, and have an annual turnover of £2 million or more are required to recover and recycle a certain amount of their packaging waste.

• The Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008

These Regulations amend the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (the “2007 Regulations”), which implement Article 6 of Council Directive 94/62/EC on packaging and packaging waste.

The 2007 Regulations impose on exporters an obligation to be accredited by the appropriate Agency before they can issue a packaging waste export recovery note, as evidence of the export of the packaging waste specified for reprocessing outside the United Kingdom. These Regulations give the Environment Agency more discretion on what constitutes sound evidence that exported packaging waste will be reprocessed.

• 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.

• The National Waste Management Plan for Scotland Regulations 2007

The implementation of these regulations transfer the duty to prepare Scotland’s national waste strategy from SEPA to Scottish ministers.

• Scottish National Waste Strategy 1999
• Scottish National Waste Plan 2003
• Scottish Area Waste Plans Index
• Waste Strategy for England 2007
• Welsh National Waste Strategy 2002

This enables enactment of the Battery Directive in Scotland. The Directive includes collection and reprocessing targets for portable batteries, while all industrial and automotive batteries are to be collected for recycling.

The first collection targets for portable batteries are to be achieved by September 2012, but reprocessing targets for collected batteries must be achieved from 2010.

The government is currently in the early stages of developing a nationwide strategy for the collection and recycling of waste batteries to comply with the Directive.

• Batteries and Accumulators (Placing on the Market) Regulations 2008

These Regulations came into force on 26 September 2008 and add to the measures put in place to reduce the impact of waste products on the environment.  They represent a big first step towards implementing the Batteries Directive as a whole. The Regulations cover requirements for labelling batteries to boost recycling, set limits for the content of certain chemicals in batteries and prevent the placing on the market of certain batteries.  The also give the Secretary of State for Business responsibility for enforcement, including the power to obtain evidence if producers are believed to have infringed the regulations.

Guidance is available on ‘Packaging and packaging waste’

None - unless your company is part of the "packaging chain" (see Performance Standards).

If your company is a producer of packaging waste it must take reasonable steps to recover and recycle packaging waste to meet their targets (see Method of Calculation). This can be undertaken in two ways

a) Companies may join an existing Registered Scheme which passes on the obligation for recovery to the operators of the scheme. Those following this route need not register with SEPA/EA.

b) Set up their own scheme for compliance, which involves a number of steps in particular

• Registration as an obligated company with SEPA/EA on an annual basis by 1st April each year;
• Named individual must provide a completed data form for the previous calendar year by 31st January outlining the company's calculated obligation;
• Over the year the company must meet its recovery and recycling obligations; and
• On 31st January each year, the company must inform SEPA/EA that the obligation has been met (see Reporting); and
• SEPA/EA has a duty to ensure recovery has in fact occurred, and can inspect documents to this end.

Note: your suppliers will also have targets for recovery of packaging waste.

The National Packaging Waste Database (NPWD) is established and makes provision for the electronic submission of packaging waste recovery notes.

The NPWD has been rolled out in a number of phases, the first of which went live on 1 April 2006 allowing online submission of quarterly returns by reprocessors and exporters. Phase II went live on 1 February 2007.

The National Waste Strategies for England, Wales and Scotland set out the key principles to meet future objectives and statutory objectives for waste management. The waste hierarchy sets out options for managing waste in the following order of priority:

• Waste should be prevented or reduced at source as far as possible (i.e. design out waste);
• Where waste cannot be prevented, waste should be reused or refurbished and then reused as far as possible;
• Waste materials should then be recycled or reprocessed into a form that allows them to be reclaimed as a secondary raw material;
• Where useful secondary materials cannot be reclaimed, the energy content of waste should be recovered and used as a substitute for non-renewable energy sources;
• Only if waste cannot be prevented, reclaimed or recovered, should it be disposed of into the environment by landfilling.

The Government is encouraging these objectives through a number of means including statutory requirements (e.g. Packaging Waste Regulations) and financial means (i.e. polluter pays principle) through e.g. landfill tax to reduce the amount of waste being disposed to landfill. As part of the implementation of the National Waste Plan, EA and SEPA have initiated a number of projects looking at priority waste streams including ozone depleting substances, special waste, packaging waste and waste oils. National Technical Guidance Notes will be published to assist waste producers identifying the Best Practicable Environmental Option (BPEO) for their waste streams. Guidance is available on 'Packaging and packaging waste'.

Recovery of Packaging Waste

There are four "activities" in the packaging chain recognised by the legislation (a) manufacturer of the raw materials, (b) manufacturer of packaging, (c) user of packaging and (d) company that sells it to the final consumer. Each of these categories have been set percentage responsibilities for recovery of the packaging waste.

The Regulations require those in the "packaging chain" (see above) to comply with a number of obligations including registration with EA or SEPA (see Consents).

Obligated packaging comprises four types of materials: plastics, glass, paper and metals. Wood is not included at present but may be used to meet your obligation (e.g. by recycling wooden pallets). It is important to note that it is not packaging that arises on your premises that you have an obligation to recover/recycle. The waste material may be of any origin and does not have to have originated on your premises. However, you can use any waste packaging arising on your premises to discharge your own obligation, by recovering and recycling it.

None at present.

If a producer of packaging waste, you must furnish an annual certificate of compliance to the relevant Agency (SEPA or EA) to demonstrate you are achieving your targets. This will include the amount to the nearest tonne of each packaging material delivered to each reprocessor, and the type of recovery/recycling undertaken. Details of what data must be returned to the Agency is included in the registration packs.

Evidence of compliance must be retained for at least 4 years and SEPA/EA may request to see this evidence.

SEPA/EA have established a system of Packaging Recovery Notes (PRN), as evidence of compliance. A reprocessor may issue a PRN in exchange for packaging waste.

Non-compliance of the Regulations (for packaging producers) is an offence and liable to prosecution.

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 EU is currently discussing proposals for a Directive setting recycling and recovery targets to be met by June 2006 for Packaging Waste. Among options being considered are a minimum recycling target for all packaging and specific targets for different types of packaging.

Site Waste Management Plans Regulations 2008

April 2008 sees the introduction of legislation intended to reduce waste from construction sites. Any project with a value of over £300k must operate with a site waste management plan in place.