NSW - Sydney Branch: The Evolving NSW Waste Industry & New Waste Regula>ons

Transcription

1 NSW - Sydney Branch: The Evolving NSW Waste Industry & New Waste Regula>ons

2 ALGA NSW Sydney Branch: The Evolving NSW Waste Industry & New Waste THE PROTECTION OF THE ENVIRONMENT OPERATIONS (WASTE) REGULATION 2014

3 Overview Why the Update? What are the main changes: The Land Pollu>on Offence Applica>on of the Waste Levy The Proximity Principle and Tracking Requirements New Monitoring Requirements for Special Waste (Asbestos) Resource Recovery Orders and Resource Recovery Exemp>ons What does it mean for us? Ques>ons Save for the Panel

4 Why the Update A scheduled review of the legisla>on An opportunity improve controls on regulatory oversight, misuse of regulatory tools (e.g. waste classifica>ons), illegal disposal, stockpiling, excessive transport of waste Applica>on of new technologies Effec>ve from 1 November 2014, some provisions are transi>onal prior to 1 August 2015

5 NSW EPA Protec>on of the environment and human health from inappropriate use of waste POEO Act 1997 Promote waste avoidance and facilitate greater resource recovery in NSW Waste Avoidance and Resource Recovery Act 2001

6 The Land Offence Automa>c Prescrip>on of Land Contamina>on Ac>vi>es Hazardous Waste Restricted Solid Waste > 10 Tonnes of Asbestos Waste > 5 Tonnes or 500 Waste Tyres Penal>es range up to $1,000,000 and $120,000 per day as long as the offence con>nues

7 of the Waste Levy Source: NSW EPA Webcast (2014)

8 of the Waste Levy (Cont.) The levy is incurred by a recycling facility if: The material is stockpiled for >12 months Stockpile volumes exceed the allowable limit If material remains on site for >12 months, the levy can become exempt if the material is process in accordance with the RRO/RRE Licensed facili>es for processing contaminated soil (only) are exempt from incurring the waste levy liability. Current Levy Rates Are $ for metropolitan sites and $65.40 for regional sites.

9 of Waste Management NSW EPA have es>mated the long haul transport of waste costs the government $44M per year. Environmental costs of air pollu>on Resources cost (fuel, tyres, labour) Road Wear Road Accidents NSW Government are inves>ng in resource recovery and regional management of waste 1. Clamping down on illegal facili>es.

10 The Proximity Principle Offence Clause 71 Transpor>ng waste generated in NSW by motor vehicle for disposal more than 150km from the place of genera>on, unless the waste is transported to one of the two nearest lawful disposal facili>es (even if beyond 150kms). Restricted Solid Waste must be taken to the closest facility. Penal>es of $15,000 PIN (corpora>on) and $7,500 PIN (individual) apply.

11 Proximity Principle Defences Mandatory product recalls Waste transported for emergencies Waste transported for re- use, recycling, processing Excludes storage and sor>ng only. Onus of proof rests with the person(s) who causes or permit the transport. Exemp>ons: An exemp>on for the transport and disposal of Category 1 wastes (asbestos and contaminated soil) applies un>l 28 Feb 2015.

12 Regionalising Waste Management The tracking provision will commence from 1 March 2015 Tracking will be required for all waste leaving the Metropolitan Levy Area travelling interstate Use of the EPA s online waste tracking system

13 Tracking Asbestos Waste Monitoring powers for tracking asbestos waste commence from 1 July Applies to Transporta>on and Receipt at landfills of >100kg or >10m 2 of asbestos sheets Currently inves>ga>ng best technologies / systems

14 Resource Recovery Orders & Resource Recovery Exemp/ons Resource Recovery Orders Applies to consumers Applies to generators, processes and suppliers Condi>ons at the land applica>on / fuel site Condi>ons on the material and processes (incl. sampling densi>es, methodologies and analy>cal tes>ng)

15 What does it all mean? Likely increase in prosecu>ons Increased opera>on cost of landfills and recycling facili>es Remedia>on of sites with restricted solid waste might not be commercially viable Consultants Classifica>ons con>nue in accordance with the relevant guidance

16 References / Further Reading NSW EPA Webcast hip:// Protec>on of the Environment Opera>ons Waste Regula>on 2014 The Centre for Interna>onal Economics, NSW EPA Waste Regula>on (2014) Regulatory Impact Statement, NSW EPA Waste Regula>on (2014) NSW EPA Resource Recovery Exemp>ons hip:// exemp>ons.htm NSW EPA Fact Sheets hip://

17 QUESTION TIME

18 ALGA The Evolving NSW Waste Industry & New Waste Regulations Worth Recycling Presenter: George Cooper Feb 2015 ALGA

19 Our Company WORTH RECYCLING, industry leader in the collection, transportation, processing and recycling of industrial and contaminated waste streams: Handling, transport and treatment of wastewaters, waste oils and other wash waters Client contaminated solids investigations, assessments and formulation of immobilisation treatments Experienced team, specialising in industrial cleaning services for any size project including Non Destructive Digging, CCTV & Drain Cleaning work Technical design, development and management of new and innovative waste and wastewater processing technologies Development, handling and operation of innovative recovery resource initiatives Diverse Client Base: Caltex, OneSteel, AusGrid, BlueScope Steel, Telstra, LendLease, BHP Billiton, Boral, Shell etc.. Feb 2015 ALGA

20 Our Assets & Innovative Resource Recovery Facilities WORTH RECYCLING: Three innovative waste treatment facilities South Windsor Integrated Liquid and Soil Waste Facility St Mary s Contaminated Soil Facility Port Kembla Integrated Liquid and Sludge Facility Five waste and truck depots across New South Wales Fifty five working waste vehicles One hundred & forty experienced waste personnel Drilling muds & storm water material Own and operate EPA licensed fleet of liquid, vacuum and SuperSucker tankers Feb 2015 ALGA

21 South Windsor Integrated Liquid and Soil Waste Facility Feb 2015 Company Overview

22 St Mary s Contaminated Soil Facility Feb 2015 Company Overview

23 Industry Services in Hazardous Soils INDUSTRY AND NSW EPA SERVICES FOR CONTAMINATED SLUDGES AND SOLIDS: Immobilisation and Fixation Technologies High bureaucratic threshold requires specific EPA approval Bio Remediation Relatively Slow and requires significant space On Site Thermal Desorption Units Relatively high capital and operational costs Direct to Landfill Cheap under current regimes Quick Feb 2015 ALGA

24 Factors affecting the Contaminated Soil Treatment Industry Contaminated sites are continually re testing until they gain required classification New waste regulations, published in 2014 Licencing administration requirements for hazardous soils makes disposal difficult Feb 2015 ALGA

25 Consistency in Site & Soil Testing Strict parameters exists for waste classification When undertaken by experienced technical personnel; policies and correct outcomes are achieved However Long duration exists with contaminated sites which often means continual re testing, commonly by multiple consultancies Ignorance of, or inadequate adherence to waste classification (whether intentional or not ) leads to inappropriate outcomes on many projects, both small and large. These inconsistencies belie the true scale of hazardous and restricted soil markets and their ability to support investment in new better technologies and improved environmental outcomes. Feb 2015 ALGA

26 New Waste Regulations DO THE NEW WASTE REGULATIONS IMPROVE THE INDUSTRY ISSUES? Hazardous material has to comply with the proximity rule, however nearest disposal point is Qld, it is still legally possible to ship material to Qld as it untreated Feb 2015 ALGA

27 Administration EPA provides guidelines around the principal of handling and the treatment of hazardous soils Administration of licencing arrangements for hazardous soils makes it less attractive Examples such as SIA (Specific Immobilisaton Approvals) can be timely and expensive to achieve This can encourage alternative outcomes for the treatment of hazardous soils Again, restricting the capital investment in new technologies in this field Feb 2015 ALGA

28 In Summary IMPORTANT: Consistency of sampling Consideration for hazardous treatment options Impact of the new regulations As a generator of waste ensure your waste is going to the correct destination Feb 2015 ALGA

29 ALGA The Evolving NSW Waste Industry & New Waste Regulations Worth Recycling Presenter: George Cooper Feb 2015 ALGA

30 Waste Prosecutions and the new Waste Regulations

31 New Waste Regulations Dealing with waste is going to be more expensive and more risky Increase in fines Increase in penalty notice costs Reduced competition Increase in the number and type of facilities that pay waste levy Increase in compliance costs due to new reporting, monitoring and tracking requirements Licensing fees increase

32 Process for Prosecution On EPA s radar Show Cause letter or s.191/193 notice to provide information and records Attend record of interview with the EPA Enforcement action taken Prosecuted Fine Enforceable undertaking

33 Who got done for what? EPA v Ashmore Removal of soil containing asbestos from old Shell site at Rosehill Illegal dumping on site at Mangrove Mountain Intimidation and retribution regarding transport of the waste False waste dockets provided Prosecuted and fined $36,000

34 EPA v Hanna Issued 29 penalty notices Prosecuted 12 times Subject to 41 enforcement orders Fined approx. $400,000 Paying off $300/month until 2072 Under the new Waste Regulations Individual penalty notices have risen to $7,500 for individuals Serial offenders can now face a $250,000 fine and up to 2 years gaol on top of the penalty for the offence Any asbestos waste applied to land >10T is deemed to be land pollution Transporting waste outside 150km

35 What to expect Asbestos limits - NEPM v Waste Guidelines EPA s Illegal Dumping Strategy Increase in number of fines and prosecutions in the waste area

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