Developments in Scottish Waste Management Legislation compared to England and Wales

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1 Developments in Scottish Waste Management Legislation compared to England and Wales Bruno P Bernacchi National Compliance Manager M.Sc. Waste Management Chartered Waste Manager (MCIWM) Chartered Environmentalist (MSocEnv) Registered Environmental Auditor (AIEMA)

2 Introduction How the Legislations come into being Duty of Care The Waste Hierarchy The structure and levels of Waste Carriers Waste Transfer Notes Hazardous or Special Wastes and Consignment Notes Food Wastes Recycling and segregation Landfill Tax Waste Smart Levels of Training Questions

3 The Law - Overview Waste Framework Directive The Environmental Protection Act Waste (Scotland) Regulations 2011 Waste (England and Wales) Regulations 2011 Duty of Care

4 Duty of Care A code of practice First introduced in Section 34 of the Environmental Protection Act 1990 In Scotland was amended in the Waste (Scotland) Regulations 2012

5 The Waste Hierarchy First introduced in the European Waste Framework Directive (2008/98/EC) Scotland Came into force in the Waste (Scotland) Regulations 2011 and the Waste Management Licensing (Scotland) Regulations 2011 England and Wales Came into force in the Waste (England and Wales) Regulations 2011

6 The Waste Hierarchy First introduced in the European Waste Framework Directive (2008/98/EC) Reduce Reuse Recycle Recover Disposal

7 Registered Carriers of Waste Upper and Lower Tiers Carriers and Professional Collector and Transporter of Wastes Scotland Upper Tier Carriers Lasts Three years and costs 174 and a renewal 119 Professional Collector and Transporter of Waste Last lifetime of applicant or business unless revoked and is free. England and Wales Upper Tier Carriers Lasts Three years and costs 154 and a renewal 105 Lower Tier Carriers Lasts lifetime of applicant or business unless revoked and is also free.

8 Waste Transfer Notes (WTNs) for all non-hazardous controlled waste Scotland Address of site waste is uplifted from (Producer/Transferor) Adequate description of waste How is the waste contained Quantity or volume of waste European Waste Catalogue Code (EWC code) Standard Industrial Classification (SIC Code) Carrier of the waste licence details (Transferee contractor or broker) Date of transfer (single or annual WTN) England and Wales Address of site waste is uplifted from (Producer/Transferor) Adequate description of waste How is the waste contained Quantity or volume of waste European Waste Catalogue (EWC code from List of Wastes) Standard Classification Code (SIC code) Carrier of the waste licence details (Transferee contractor or broker) Date of transfer (single or annual WTN) Waste Hierarchy Declaration

9 WASTE TRANSFER NOTES

10 WASTE TRANSFER NOTES In all cases must be kept for 2 years Daily tickets Annual Tickets Edoc Red Tape Challenge

11 Special or Hazardous Wastes Scotland Special Wastes 3 Day pre-notification to SEPA Consignment Note England and Wales Hazardous Waste Site Registration 500 kg or more in any given year then must register site Site Code ABC123 format and costs 18 per site online, 25 per site over telephone and if contractor registers you site for you range per site. Consignment Note Hierarchy Declaration

12 Consignment Notes Scottish Version (SEPA) English Version (EA)

13 Consignment Notes Scottish Version (SEPA) Must be kept for three years Consists of five sheets White is pre-notification goes to SEPA, Yellow is Deposit sheet and kept by SEPA, Pink is the consignee and kept on Licenced site, Gold is the Carriers copy and green is the producers or consignors copy and kept at place of production Single Note Succession Note Carriers Round 24 hour or extended round Annexe Sheet If waste is being sent to England then consignee must send completed copy back to SEPA English Version (EA) Also must be kept for three years Consists of three parts Producer/holder/consignor copy Carriers copy Consignees copy Multiple Collections If waste is being sent to Scotland then must prepare an additional copy of the note, give SEPA three days notification.

14 Food Wastes The Waste (Scotland) Regulations 2012 Came into force on 17 May 2012 From 1 January 2014 any person (or establishment) that manages a food business or activity that creates food waste to present this waste for separate collection if the amount is over 50 kg in a week. (120 litre bin full of food waste is approximately 60 kg in weight). From 1 January 2016 any person (or establishment) that manages a food business to present food waste for separate collection if the amount is over 5 kg in a week. Only exempt from the above requirement if you are any of the following; Produce less than 50 kg (until 2015) Produce less than 5 kg from 1 January 2016 Located in a rural area Currently deals with catering waste from international transport (Category 1 Animal byproducts) such as airports and docks. The Waste (England and Wales Regulations) (Amended) 2012 Came into force on 1 October 2012 No legislative requirement yet for food waste other than stipulated in the Waste Hierarchy which is: Reduce Reuse Recycle Recover Landfill?

15 Recycling - Segregation The Waste (Scotland) Regulations 2011* From the 1 January 2014 Paper and Cardboard* Plastics bottles, trays and containers* Metals Aluminium drinks cans and steel catering cans* Glass bottles and containers* Food Wastes* Wood pallets and boxes The Waste (England and Wales ) Regulations 2011* From the 1 January 2015 Waste paper and Cardboard* Metals aluminium drinks cans and steel catering cans* Plastics bottles, trays and containers* Glass bottles and containers* Food Wastes Wood pallets and boxes Technically, environmentally and economically practicable = TEEP

16 Landfill Tax Current Landfill Tax - per Tonne in Scotland, England and Wales per tonne

17 Landfill Tax The Landfill Tax (Scotland) Act 2014 England and Wales

18 Landfill Tax Predicted Cost per tonne in Scotland from 1 April for standard wastes 2.60 for less damaging wastes Money raised from landfill tax will go into Community Fund Responsibility lies with Revenue Scotland and SEPA Costs in England and Wales Currently 80 per tonne for standard wastes but after 1 April 2015 will be linked to retail Price Index and rounded up to nearest 5p for less damaging wastes with same as above. Also money raised goes into Community Fund Responsibility lies with HM Revenue & Customs and Environment Agency

19 Waste Smart Course Chartered Institution of Wastes Management CIWM Supported by : WAMITAB Department of Food and Rural Affairs DEFRA Environment Agency EA Environmental service association esa WRAP Zero Waste Scotland

20 Waste Smart Course Four Variations of the course consisting of two levels; Scotland Advanced and Foundation Levels England Advanced and Foundation Levels Advanced Level minimum of eight hours with written exam and certificate ( 185) Foundation Level minimum of six hours with multi choice exam and certificate ( 145) Please take a flyer if you are interested in any of the above

21 Summary How the Legislations come into being Duty of Care and its process The Waste Hierarchy and its levels The structure and levels of Waste Carriers upper & lower Waste Transfer Notes part of the duty of care process Hazardous or Special Wastes and Consignment Notes Food Wastes and legal requirements in Scotland Recycling and segregation currently and as of 1 Jan 2015 Landfill Tax different rates Waste Smart Levels of Training

22 Developments in Scottish Waste Management Legislation compared to England and Wales Thank You Any Questions?

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