5 th July 2011 Vicki Cooper
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1 Waste Legislation Compliance -avoiding the pitfalls 5 th July 2011 Vicki Cooper
2 360 Environmental Established in 2007 following career in waste management Support for businesses on waste legislation and operations management Extensive operational experience on both collection and site management Wide range of site support clients including Metal recycling facilities WEEE facilities Plastics sortation and processing Waste sortation and processing Based in Leicester but operate nationally
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6 Compliance issues? Waste is any substance or object...which the producer or the person in possession of it discards or intends or is required to discard. Waste is controlled and must be handled under the requirements of the Environmental Protection Act Waste carpets must therefore be managed throughout the disposal chain under the full compliance requirements of waste legislation Sorting facilities and carpet recycling sites must ensure their Environmental Permits cover all activities
7 Disposal chain ENVIRONMENTAL PERMIT REGISTERED WASTE CARRIERS TRANSFER NOTES T R E A T M E N T REGISTERED WASTE CARRIERS TRANSFER NOTES ENVIRONMENTAL PERMIT ENVIRONMENTAL PERMIT
8 Waste carriers Duty of Care requires a waste producer to only transfer to an authorised person Any person carrying waste other than their own must register as waste carrier with the appropriate Agency (EA, SEPA or NIEA) There are now two tiers in England and Wales: Upper tier professional waste carriers Lower tier exempt waste carriers and those carrying own waste Registration applies to the organisation Agency must be informed of change in details For Upper tier, Registration lasts for three years and carries a fee of 154 For Lower tier, Registration is required once and is free Failure to use a registered waste carrier can lead to prosecution
9 Duty of Care EPA 1990 S.34 Duty of care etc. as respects waste It shall be the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a broker, has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances (a) to prevent any contravention by any other person of section 33 (treatment and disposal); (b) to prevent the escape of the waste from his control or that of any other person; and (c) on the transfer of the waste, to secure (i) that the transfer is only to an authorised personor to a person for authorised transport purposes; and (ii) that there is transferred such a written descriptionof the waste as will enable other persons to avoid a contravention of that section and to comply with the duty under this subsection as respects the escape of waste. Person committing an offence liable to 5k fine in Magistrates court or unlimited fines in Crown Court Sect. 33 offence covered by Civil Sanctions
10 It must Transfer note checklist Identify the waste to which it relates and state Its quantity and whether on transfer it is loose or in a container; If in a container, the kind of container; and The time and place of transfer; Provide details of the Waste Carriers License for the collector Give the name and address of the transferor and the transferee; Provide details of the broker if arranged by a third party Must be signed by both parties From 28 th September, will require: A SIC 2007 code for the transferor A declaration that the waste hierarchy has been applied I confirm that I have fulfilled my duty to apply the waste hierarchy as requiredby regulation 12 of the Waste (England and Wales) Regulations 2011.
11 MRF Legal Overview Waste in Waste carriers license Transfer notes Consignment notes EWC codes Brokers Site Planning Permission o Hours of operation o Vehicle movements o Permitted activities Environmental Permit Exemptions Conditions of above being followed o Waste types handled and activities performed o Storage o Handling o Treatment Site infrastructure Site returns Broker registration Hazardous waste registration Consignee returns Certificate of Technical Compliance (CoTC) Waste out Waste carriers license Transfer notes EWC codes Broker registration Consignment notes Consignee reports Transfrontier Shipment Carriage of Dangerous Goods (CDG) Disposal points
12 THE SITE
13 Planning Permission I have operated the site for years so I must have the right planning Frequently planning permission is only questioned when environmental permits are applied for Environment Agency does not question planning uses when exemptions are granted. Do you know what planning use categories the site has? Does your County Council require the site be changed to a specific Waste Use category (sui generis)? Does your planning permission allow you to introduce new larger or automated equipment, install new storage bays, store waste in specific areas etc? Does your planning permission restrict the type or tonnage of waste that can be handled on site? Is there a restriction on opening hours? Is there a restriction on vehicle movements? Odour issues?
14 Planning Powers Has the site got the correct planning permission? You may have been operating the site for years outside of correct planning permissions Only tends to come to light when permits are applied for, complaints received or site randomly checked by planning officers Council powers under planning include: Enforcement Notice forces controls on a development that Council consider has been carried out without planning permission Planning Contravention Notice issued if development is not lawful Stop Notice where the Council believe that your development should be stopped immediately
15 Environmental Permitting All sites receiving waste (including recyclable waste) must comply with The Environmental Permitting Regulations (England and Wales) 2010 Depending on the size and type of facility this could be: An exemption A Standard Rules Permit A bespoke Permit A Part B or Part A2 Permit (low scale installations i.e combustion or incineration) A Part A1 Permit (medium or high scale installations)
16 Exemptions -Carpets All of the Exemptions have tonnage thresholds and treatment activities limits There are conditions relating to the land where the operation is conducted i.e sealed drainage Storage: Treatment: Use S1 (secure container) S2 (secure place) T2 (laundering) T4 (preparatory treatment) T10 (sorting mixed waste) T12 (sorting, repairing or refurbishing) U3 (use of waste in the construction of ) U9 (use of waste to manufacture a finished good)
17 Example Prosecutions
18 Case Studies
19 Case Study 1 -Exceeding Operating Hours The above condition restricted operating and delivery hours Business grew and they needed to operate the equipment Saturday afternoon and Sunday to keep up with demand Enforcement notice served by Local Authority Business spent 11 months gaining planning permission site had to operate within above condition until granted If neighbours would have objected during the planning process it could have prevented them from getting planning permission
20 Case Study 2 -Limits of Activity EA general audit found that site was operating outside of permitted activities Bespoke permit was applied for In this case, EA allowed the business to continue using the equipment whilst their permit was being varied, as long as no complaints were received
21 Summary Waste carpets must follow full compliance procedures Minefield of legislation related to MRFs Problems exacerbated by split between Local Authorities and Agencies Essential to have compliance processes Essential to have point of responsibility Regular audits advisable
22 List of Regulations Environmental Protection Act 1990 The Waste (England and Wales) Regulations 2011 Revokes: The Environmental Protection (Duty of Care) Regulations 1991 The Waste Management Licensing Regulations 1994 The Controlled Waste (Registration of Carriers and Seizure of Vehicles) (Amendment) Regulations 1998 The Environmental Protection (Duty of Care) (England)(Amendment) Regulations 2003 The Environmental Protection Act 1990 (Amendment of Section 57) (England and Wales) Regulations 2005 The Hazardous Waste (England and Wales) Regulations 2005 (as amended) Town and Country Planning Act 1990 The Environmental Permitting Regulations (England and Wales) 2010 The List of Waste (LOW) Regulations 2005 The Transfrontier Shipment of Waste Regulations 2007 The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009
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