Waste Management Legislation in Scotland. Adrian Bond National Operations Waste Unit

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1 Waste Management Legislation in Scotland Adrian Bond National Operations Waste Unit

2 Setting the Scene Economic Landfill tax Long term growth in global commodity prices Regulatory Waste Framework Directive & Landfill Directive Mandatory source segregation Ban on biodegradable municipal waste to landfill Policy Zero Waste Plan 70% recycling all waste by 2025 Improve resource management

3 Waste Management Legislation Environment Act 1995 Environmental Protection Act 1990 The Waste Management Licensing (Scotland) Regulations 2011 Waste (Scotland) Regulations 2012 The Environmental Protection (Duty of Care) (Scotland) Regulations 2014 Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 Landfill (Scotland) Regulations 2003 Special Waste Regulations 1996 Transfrontier Shipment of Waste Regulations 1994

4 Waste Management Licensing Require a licence for the deposit, disposal, treatment or storage of waste on land or by means of a mobile plant. Some specified activities require a Permit under Pollution Prevention & Control Regulations Some low risk activities are exempt from licensing

5 Regulatory Reform (Scotland) Act New integrated regulatory framework Higher risk Complex assessment needed Bespoke ELVs / Conditions needed Public Consultation required/desired Permit Maybe higher risk than GBR Requirement to maintain a register No assessment or refusal Potential for cumulative impact Registration Notification General Binding Rule Higher risk Simple assessment needed Ability to refuse Low risk No assessment Potential for cumulative impact

6 Duty of Care All businesses have a legal responsibility for the waste they generate. This requires: Storing waste securely so it does not cause litter or attract vermin. Ensure waste is transferred to an authorised collector such as the local authority or reputable waste contractor. Complete a waste transfer note for any transfer of waste and retain a copy of this note for two years.

7 Duty of care in Scotland also requires the separation of the following materials for recycling. Search NetRegs.co.uk for more info on Duty of Care

8 Waste (Scotland) Regulations Maximise the quantity and quality of materials available for recycling. 2. Promote closed loop recycling over other forms of recycling. 3. Move residual waste up the waste hierarchy. 4. Drive cultural shifts in how waste is managed. 5. Help create the market certainty needed to support infrastructure investment.

9 How is it working? 6752 premises inspected across 25 local authority areas, Apr June % compliant 20% broadly compliant 18% non-compliant Businesses least likely to be compliant are: independent restaurants, cafés, takeaways & pubs care facilities, social clubs, B&Bs small High St businesses, e.g. hairdressers

10 Challenges Lack of awareness Some service providers Contamination High staff turnover Small & micro businesses

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12 Looking ahead Increased scrutiny of material quality Industry consistency in rejecting contaminated loads across the supply chain Engagement with waste producers Fixed monetary penalties for persistent noncompliance

13 What is SWITCH? Scottish Waste Industry Training, Competency, Health & Safety Forum SWITCH is a multi-partnership forum made up of public, private and third sector organisations within the Resource Management Industry. Its purpose is to provide leadership for the resource management sector by working collaboratively to raise standards within the sector regarding Health & Safety, training, learning & development and technical competence. Scottish Waste Industry Training Competency and Health & Safety

14 HSE Waste and recycling sector strategy H&S performance remains poor in relation to other industries: Fatality rate 9 to 10 times the all-industry average, Transport-related fatal injuries account for 2/3rds of the total RIDDOR non-fatal injury rate ~4 times the all-industry average 80% of all reported injuries occur during collection and sorting activities Potential health risks from emerging processes and activities Risks to members of the public because of significant public interface Scottish Waste Industry Training Competency and Health & Safety

15 SWITCH Strategic Objectives Resource Management Industry Is safe and healthy to work in Actively supports education, training, learning and development Increases workforce capacity and competence Develops and shares good practice Creates an industry that is attractive as a career choice Creates clear career and learner pathways Scottish Waste Industry Training Competency and Health & Safety