Local Group Workshop 3: Waste Legislation. Run by Gill King of South Bedfordshire local group

Transcription

1 Local Group Workshop 3: Waste Legislation Run by Gill King of South Bedfordshire local group

2 Outline European Legislation & Policy Key Drivers UK Legislation & Policy Regional/Local Landfill Allowance Trading Scheme (LATS

3 Key Drivers in European Legislation and Policy

4 Waste Framework Directive 75/442/EEC (amended by 91/156/EEC and 91/692/EEC) requires there to be regard to the need to minimise waste encourages materials recycling and energy recovery the use of the waste hierarchy regard to the need to protect the environment and human health the use of the proximity principle is encouraged polluter pays principle amendment of 91/156/EEC: Member States to take action to restrict the amount of waste produced by promoting clean technology and products that can be recycled or reused.

5 Targets for landfilling UK targets are: Landfill Directive 99/31/EC -by 2010 to reduce biodegradable municipal waste landfilled to 75% of that in by 2013 to reduce biodegradable municipal waste landfilled to 50% of that in by 2020 to reduce biodegradable municipal waste landfilled to 35% of that in Bans on co-disposal of hazardous and non-hazardous waste Ban on disposal of liquid waste in landfills Ban on landfilling of tyres More controls on landfill sites Pretreatment of wastes before landfilling

6 Landfill Directive 99/31/EC - contd. Waste Strategy 2000 started implementation of Landfill Directive: Recycle or compost at least 25% of household waste by 2005; 30% by 2010; 33% by 2015 Each Local Authority now has statutory recycling targets failure could lead to intervention by Secretary of State Targets are defined as Best Value Performance Indicators 82a (recycling rate)& 82b (composting rate) added together Note you may also want to check out BVPI's 84 (kgs h'hold waste per population); 86 & 87 (costs of collection & disposal) and 91 (% served by kerbside recycling scheme) BVPI's are publicly available on the ODPM website

7 Producer Responsibility Directives 94/62/EEC Directive on Packaging and Packaging Waste 2002/96/EC Directive on Waste Electrical and Electronic Equipment (WEEE) (with The Restriction on Hazardous Substances Directive) Proposed Batteries Directive End of Life Vehicles Directive 2000/53/EC

8 94/62/EEC Directive on Packaging and Packaging Waste Producer Responsibility Obligations (Packaging Waste) Regulations 1997 Packaging waste = everything, including pallets Who is responsible everyone from manufacturers of raw materials to retailers System of packaging recovery notes (PRN's) Targets by material type glass, paper, metal, plastic, wood The Packaging (Essential Requirements) Regulations 2003 Packaging to be minimal should be able to be recovered through recycling, composting or energy recovery Enforced by Trading Standards Lots of get-out clauses (e.g. consumer acceptance)

9 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE) WEEE means the following items: 1. Large household appliances 2. Small household appliances 3. IT and telecommunications equipment 4. Consumer equipment 5. Lighting equipment 6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools) 7. Toys, leisure and sports equipment 8. Medical devices (with the exception of all implanted and infected products) 9. Monitoring and control instruments 10. Automatic dispensers

10 WEEE contd. Compulsory producer responsibility for financing the management of consumer electronic and electrical waste. Producers able to use collective or individual financing schemes. A compulsory household collection target of 4 kg, by the end of 2006, with a new target to be established by the end of (in practice, the UK is already collecting this amount) Heavy metals and toxic flame retardants used in the manufacture of appliances will be banned from July For WEEE from private households Member States must ensure that by 13 th August 2005 systems are set up to allow final users to return waste at least free of charge, making sure there are the necessary collection facilities. Suppliers of business equipment will be financially responsible for the recycling of equipment replaced on a like-for-like basis. WEEE that is separately collected must go to authorised treatment facilities where recycling and recovery can take place.

11 Proposed Batteries Directive A collection target of 160 grams per inhabitant for spent portable batteries to be achieved by member States within four years of the Directive being transposed into national legislation (equivalent at current sales levels to a 43% collection rate in the UK) A collection rate of 80% for spent portable nickel cadmium to be achieved by Member States within four years of the Directive being transposed. Free of charge collection schemes for spent portable batteries to be established within one year of the Directive being transposed by Member States with at least 90% recycling. Within three years of the Directive being transposed by Member States, 55% by average weight of the materials contained in portable batteries must be recycled (except for nickel cadmium batteries where 100% of the cadmium and 75% of the other materials must be recycled). Prohibition by Member States of the disposal of industrial and automotive batteries in landfill or by incineration. UK Government issued consultation document in May to inform position closed 5 th August

12 Other Related Electrical-Impact Directives European Directive 96/59/EC on the Disposal of Polychlorinated Biphenyls (PCBs) and Polychlorinated Terphenyls (PCT s) Where reasonably practicable, PCB containing equipment which is less than 5 litres in volume and which is contained within another piece of equipment shall be removed and collected separately Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 from 1st January 2002, both the CFC s in the coolant and the foam of fridges and freezers are either to be recycled/reused or treated by approved environmentally acceptable destruction technology

13 End of Life Vehicles Directive 2000/53/EC Started to transpose into UK law in Now requires that end-of-life vehicles can only be treated by authorised dismantlers or shredders who must meet tightened environmental standards from the outset Has high recycling requirements more than just metal must be recycled Requires that manufacturers of vehicles pay for this from Arrangements in the period to 2007 are still the subject of consultation.

14 The Hazardous Waste Directive (91/689/EC) Aims to control the movement and handling of hazardous waste. It requires the recording and tracking of waste moving from producer to final disposal site. The scope of the directive is defined by the Hazardous Waste List (2000/532/EC), which has been amended to include televisions, computer monitors and fluorescent lighting. The UK s Special Waste Regulations 1996 are being updated to reflect the Hazardous Waste Directive.

15 EU Draft Directive on Biological Treatment of Biowaste Withdrawn and to be replaced by Thematic Strategy for Soil? Had hierarchy for dealing with biowastes: the prevention or reduction of biowaste production and its contamination by pollutants it's re-use (e.g. of cardboard) the recycling of biowaste into its original material wherever possible e.g. recycling of paper and card the composting or anaerobic digestion of separately collected biowaste that is not recycled into the original material with the utilisation of the compost or digestate for agricultural benefit or ecological improvement the mechanical/biological treatment of waste the use of biowaste as a source for generating energy Also required home composting promotion by member states

16 EU Animal Byproducts Legislation Regulation (EC) No 1774/2002 Animal By-Products Regulations 2003 Animal Byproducts = all catering & household kitchen waste Open windrow composting not permitted Must be treated in enclosed plant; restrictions on where it can be used Temperature & particle size determine length of process Also restrictions on anaerobic digestors handling this material

17 Waste Incineration Directive 2000/76/EC Increased standards for incinerators Incineration includes gasification & pyrolysis

18 Integrated Pollution Prevention and Control Directive 96/61/EC Pollution Prevention and Control (PPC) Act 1999 and PPC Regulations The PPC regulations aim to prevent, reduce or eliminate pollution at source through the efficient use of natural resources. Most landfills, incinerators, hazardous waste facilities and other larger waste management sites fall under IPPC controls. All installations covered by Annex I of the Directive are required to obtain an authorisation (permit) from Environment Agency, usually over 50k tonnes/year All landfills are currently undergoing IPPC permitting as part of reclassification for meeting the Landfill Directive

19 EU Thematic Strategies affecting waste management under EU's 6 th Environmental Action Programme Thematic Strategy on Recycling and Prevention of Waste looks at the potential for waste prevention and promoting recycling e.g. Using IPPC to assist waste prevention Economic instruments such as pay as you throw and taxes; Producer responsibility and voluntary or mandatory waste prevention plans Materials based recycling targets Consultation paper issued in May 2003, and closed in November 2003; workshops & consultation with experts being held in 2004, also impact assessment Thematic Strategy for Soil Protection purpose is to protect soil, including issues of decline in quality of soil, soil erosion, contamination and sealing. To include Biowaste Directive? Thematic Strategy on the Sustainable Use of Natural Resources Encompasses issues of product design

20 UK National Legislation and Policy The Environmental Protection Act 1990 chapter 43 (esp Parts 2 & 4) Controlled Waste Regulations 1992 Waste Management Licencing Regulations 1994 Waste Minimisation Act 1998 Household Waste Recycling Act 2003 Landfill Tax Aggregates Levy

21 The Environmental Protection Act 1990 Chapter 43 Part II is key bit! Controlled Waste Regulations 1992 define controlled waste under this act: Household what can be charged for & what must be collected free Commercial/Industrial/Clinical NB agricultural waste now also controlled Places duty of care on producers of waste (except householders) transfer notes Carriers of waste must be licenced Duties of waste disposal authorities (mostly counties) e.g. to have CA sites and dispose of waste ; and waste collection authorities (mostly districts) to collect refuse Part IV gives duties etc relating to litter

22 Waste Management Licencing Regulations 1994 Require Waste Management Sites to be licenced by Environment Agency Sites must have a Fit and Proper person in charge! (Certificate of Technical Competence) Must be provision for aftercare of site, including adequate financial provision Very small sites may be exempt EA will require working plan

23 Waste Minimisation Act 1998 Enables local authorites to investigate measures needed to reduce, prevent or avoid waste and take such steps as they consider appropriate in order to achieve that end

24 Household Waste Recycling Act 2003 Requires all English Local Authorities to provide kerbside collections for all householders for a minimum of 2 materials by 2010

25 Landfill Tax First introduced 1996 at 7/tonne Now 15/tonne Increasing by 3/year until 35/tonne reached 20% of funds were diverted to Landfill Tax Credits Scheme, but now more likely to be used directly given to local authorities for recycling projects However, most seems to disappear was originally supposed to reduce national insurance

26 Aggregates Levy Applies to sand, gravel, crushed rock Came in 2002 Makes recycling of aggregate more attractive Some of the levy can go to relevant local projects

27 Regional & Local Plans Planning Guidance Document PPG10 (now PPS10) requires development of Regional Waste Strategy. Must have regard to Proximity Principle & BPEO. Still a requirement to do a Waste Local Plan Community Strategy produced by Local Strategic Partnership

28 Landfill Allowances Trading Scheme (under Waste & Emissions Trading Act 2003) All Waste Disposal Authorities to be given annual landfill allowances for Biodegradable Municipal Waste (BMW) from April 2005 to 2019/20 68% of municipal waste considered biodegradable Category of waste % that is biodegradable Paper/card (including Newspapers, Cartons,Card packaging) Putrescible (including Food and garden waste) Textiles Fines Miscellaneous Combustibles (e.g. disposable nappies) Miscellaneous Non- Combustibles Other (ferrous Non-ferrous Metal,Glass, Plastic)

29 Landfill Allowances Trading Scheme (continued) UK landfill allowances apportioned by share of total municipal waste production in 2001/2 Fines of 200/tonne for every tonne exceeding allowance plus share of UK fine in target year (2010,2013,2020)! Allowances can be: Traded Banked Borrowed from next year (up to 5%) No allowance for population growth Mass balance approach to be used

30 Wood recovered at CA sites 400 tonnes Example of Mass Balance Borsetshire County Council, total municipal waste 100,000 tonnes/year Garden waste composted 10,000 tonnes Total BMW 68,000 tonnes (68% of 100,000) BMW landfilled 45,500 tonnes Paper and card recycled 12,000 tonnes Textile recovery 100 tonnes

31 The problem BMW growth Landfill allowances million tonnes

32 What does this mean? Councils that incinerate are rewarded will have allowances to sell Encourages councils to incinerate to avoid fines Councils with high population growth will especially struggle Huge costs to be found by local authorities, whatever technology is used where will the money come from? Huge step changes needed; contracts?? Planning system may not deliver Prioritises biodegradables over inerts (e.g. glass)

33 Useful websites