Understanding the Waste Regulations Route Map

Transcription

1 Understanding the Waste Regulations Route Map Webinar hosted by WRAP on behalf of the Working Group 29/05/14

2 Agenda Separate collection requirements legislative overview Introduction to the Waste Regulations route map Applying steps 3 and 4 of the route map Q&A session

3 Separate Collection Requirements Linda Crichton, WRAP

4 Separate Collections Highlight European legislative context Highlight key requirements of the England & Wales Regulations

5 Separate collections legislative context Articles 10 and 11 of the revised Waste Framework Directive The Waste (England and Wales) Regulations 2011 (part 5) The Waste (England and Wales) (Amendment) Regulations 2012 Regulations provide a legal as well as a commercial and environmental context to improving quality of recyclate

6 Article 10 - Recovery 1. Member States shall take the necessary measures to ensure that waste undergoes recovery operations, in accordance with Articles 4 [waste hierarchy] and 13 [protect human health and the environment]. 2. Where necessary to comply with paragraph 1 (above) and to facilitate or improve recovery, waste shall be collected separately if technically, environmentally and economically practicable and shall not be mixed with other waste or other material with different properties.

7 Article 10 Re-use and recycling 1.. Member States shall take measures to promote high quality recycling and, to this end, shall set up separate collections of waste where technically, environmentally and economically practicable, and appropriate to meet the necessary quality standards for the relevant recycling sectors. Subject to Article 10(2), by 2015 separate collection shall be set up for at least the following: paper, metal, plastic and glass

8 The Waste (England and Wales) Regulations LAs need to consider both the 2011 Regulations and the 2012 (Amendment) Regulation Particularly important are.. Regulation 12 duty in relation to the waste hierarchy Regulation 13 (as amended) duties in relation to the collections of waste; and the requirement to collect the four key materials separately Regulation 14 duty in relation to collected waste; in relation to keeping the four materials separate from other waste or other material with different properties

9 Regulation 13 (as amended 2012).. (3) Subject to paragraph (4), every WCA must, when making arrangements for the collection of waste paper, metal, plastic or glass, ensure that those arrangements are by way of separate collection. (4) The duties in this regulation apply where separate collection (a) is necessary to ensure that waste undergoes recovery operations in accordance with Articles 4 and 13 of the WFD and to facilitate or improve recovery; and (b) is technically, environmentally and economically practicable.

10 Some additional points LAs need to consider the implications of the Regulations before 1 st January 2015 Regulations will be enforced by EA and NRW Commercial/trade waste within scope Decision on necessary and practicable (TEEP) needs to be made in the context of local circumstances Consideration of / decision on what is practicable needs to be kept under review Decision making process and supporting evidence needs to be documented

11 Waste Regulations Route Map Antony Buchan, LWARB

12 Why? Regulation 13 states that from 1st January 2015, all WCAs will be required to collect paper, metals, plastics and glass separately. In January 2014 Defra confirmed that statutory guidance on the implementation of Regulation 13 would not be published. With Defra s announcement WCAs in England where reliant on Lord de Mauley s letter as a basis upon which to interpret their compliance with Regulation 13.

13 By local authorities for local authorities A working group comprising members of local authority waste networks (coordinated through the Waste Network Chairs), the London Waste and Recycling Board (LWARB), and WRAP came together to address the information vacuum through the development of the Waste Regulations Route Map. The Waste Network Chairs comprises representation from the following national and regional waste networks:

14 Waste Regulations Route Map Published by the Working Group on 22 April 2014 Developed to help local authorities that collect waste to understand their legal obligations under the Waste England and Wales Regulations 2011 (as amended); It is particularly focused on Regulation 13; but also Explores Regulation 12 requirements regarding the waste hierarchy; It is addressed primarily to English Waste Collection Authorities (WCAs). As part of its development the Route Map was peer reviewed by 20 English local authorities.

15 About the Route Map Presents a step by step process for councils to follow and should help individual authorities avoid reinventing the wheel in having to develop their own approach; Addresses some frequently asked questions (FAQs) about what the law requires; Signposts useful resources to help councils in their assessments. Wherever possible, it relies directly on the wording of the law, and refers back to the EU Waste Framework Directive (WFD) of 2008, and the European Commission s guidance. It is NOT guidance, it will not tell a council which materials (if any) it must collect separately.

16 Route Map overview A support tool designed to help local authorities to assess their compliance with the regulations.

17 Resource Pack To support the Route Map, WRAP has prepared a Resource Pack containing links to pertinent legislation and guidance. If there is anything missing that you think would be useful to you and other authorities let WRAP know.

18 The Waste Regulations Route Map: Applying Steps 3 and 4 Peter Jones, Eunomia Research & Consulting

19 Overview A focus on: Step 3 Applying the Waste Hierarchy (Reg 12) Step 4 Applying the Necessity and TEEP tests (Reg 13) Identifying some of the questions that are the most difficult and important when applying the tests Looking at some hypothetical examples Opportunity to ask some questions

20 Health Warning! Environment Agency has not decided its approach to enforcement of the Waste Hierarchy There is no case law to inform decisions on Necessity and Practicability The hypothetical examples are deliberately exaggerated you should not try to apply them directly to your authority But the lack of guidance and case law means there is scope for authorities to interpret the regulations while acting reasonably

21 Step 3

22 Step 3 Applies to all producers and collectors of waste Applies to all materials Not technically about separate collection but this is likely to be required for recycling Considerable overlap with TEEP test Obligations already apply and Defra has produced guidance Risk? EA Regulatory Enforcement

23 Step 3 Breakdown

24 Step 3 Material by material, apply the hierarchy Depart from the hierarchy where reasonable or justified Gather together your evidence of applying the hierarchy Consider: Best practice Waste prevention toolkits Most impactful materials (food, textiles, nappies, glass ) Are any additional measures justified?

25 Step 3 Application to Food Waste How much food is in your waste? Preventing waste from arising Have you run any campaigns to reduce food waste? What evidence of impact How does your spend compare with neighbours? Collection for recycling may not be reasonable if: Collection and treatment costs substantially outweigh savings You re in a collection or disposal contract that doesn t cover separate food waste collection WDA doesn t offer food waste treatment/savings for avoided disposal If you already collect food waste for recycling could you increase take-up? Can any remaining food waste in residual go to EfW?

26 Step 4

27 Step 4 Applies to collectors only Separate collections are required where Of Necessary; and Practicable (TEEP!) Glass, Paper, Metal and Plastics Obligations apply from January 15 Risks of poor compliance? Legal challenge, Judicial Review

28 Step 4 Breakdown

29 Step 4 - Necessity Test

30 Step 4 Necessity Test Applies to collectors only Separate collections are required where Of Necessary; and Practicable (TEEP!) Glass, Paper, Metal and Plastics Obligations apply from January 15 Risks of poor compliance? Legal challenge, Judicial Review

31 Step 4 Necessity Test Using fictitious numbers. Co-mingled Separate Collected Rejected during sorting 10 0 Rejected during reprocessing 10 8 SRF 12 1 Recycled High quality recycling Here separate collection yields more, better recovery

32 Step 4 - Practicability (TEEP) Test

33 Step 4 - Practicability (TEEP) Test Impracticability is a high hurdle Not the same as being difficult, inconvenient, more expensive or unpopular Technical practicability of separate collection is widely demonstrable Don t proceed on one-size fits all basis: you might decide to offer different service in different areas The more interesting questions are around economic and environmental practicability

34 Step 4 Economic Practicability Separate collection should not cause excessive cost Robust options analysis using fair comparisons What would separate collection cost? What sets the boundaries of economically practicable for you? Can you change now? Consider Contract exit/variation costs Vehicle re-sale costs Container replacement costs Could you change in the future?

35 Step 4 Economic Practicability Using fictitious numbers. In practice, your current collection system is likely to be the starting point for deciding affordability Annualised costs Separate (Co-mingled) Vehicle Costs Staff Costs 1, Container Costs Depot Costs Disposal Costs 2,200 2,100 Material Income Total 3,720 3,670 Affordability Ceiling??

36 Step 4 Environmental Practicability The added value of ecological benefits justifies possible negative environmental effects of separate collection In practice will almost always cover its own costs Therefore worth comparing it with alternative options Lifecycle thinking should be applied Many systems exist A focus on CO2 equivalents will capture the key issues

37 Step 4 Economic Practicability Using fictitious numbers. In practice, your current collection system is likely to be the starting point for deciding practicability Tonnes of CO2e Activity Separate (Co-mingled) Collection Sorting Rejects Haulage/Shipping Disposal 21,500 19,900 Recycling Benefit -9,000-7,500 Total 13,120 13,910

38 Waste Regulations Route Map requirements-waste-regulations