waterman environmental anna latham, senior consultant waste legislation update

Waterman Environmental

Anna Latham, Senior Consultant

Waste Legislation Update

Waterman Environmental

Multi-disciplinary consultancy engineering and environmental consultancy, offices throughout the UK and globally

Environmental Consultancy Services include: • EIA, SEA• EMS• Due Diligence• Sustainability Services• IPPC and regulatory

compliance• Training

Provide quarterly legal update for Earth newsletter

Objectives

• Waste legislation update / general discussion

• Introduction to www.legalregister.co.uk

www.legalregister.co.uk

…taking the hard work

out of environmental

compliance

Brainstorm

• What are the main issues relating to waste legislation affecting your institution?

• How do you ensure that you keep up to date with changes in legislation?

Waste Legislation Update

• Pre-treatment of non-hazardous waste

• WEEE – issues for Universities

• Battery recycling

• Review of Inert Waste Legislation

Pre-treatment of Non-Hazardous Waste

• Requirement of the Landfill Directive from October 2007• Treatment must:

1. Be a physical, thermal, chemical or biological process including sorting;

2. Change the characteristics of the waste; and

3. it must do so in order to:– (a) reduce its volume; or

– (b) reduce its hazardous nature; or

– (c) facilitate its handling; or

– (d) enhance recovery.

Exceptions

• It is an inert waste for which treatment is not technically feasible

• It is a waste other than an inert waste and treatment would not reduce its quantity or the hazards that it poses to human health or the environment

• http://publications.environment-agency.gov.uk/pdf/GEHO0207BLWJ-e-e.pdf

• EA and NI – producers of waste must check with waste contractors if they are pre-treating before landfill

• Scotland – more emphasis on regulation via WML for waste contractors

Pre-treatment of Non-Hazardous Waste

WEEE

• Waste Electrical and Electronic Equipment Regulations 2000

• Main issues for Universities:

– Compliance with DoC

– Requirements to register as an exemption under WML?

– Are you a producer?

– Negotiating Supply contracts for new equipment

Duty of Care

• WEEE purchased before 13 Aug 2005– If no like for like replacement the end business user is responsible for

disposal costs– If like for like replacement of equipment – supplier (producer) responsible

• WEEE purchased after 13 Aug 2005– Producer responsible, unless otherwise agreed with business user

• Transfer to Accredited Exporter or Authorised Accredited Treatment Facility

• Retain transfer notes / licenses etc.

WML exemptions

• Para 49 exemption - Repair and/or refurbishment of WEEE– http://www.environment-agency.gov.uk/subjects/waste/

1416460/1334460/1416503/1097663/?lang=_e 

• Para 50 exemption - The storage of WEEE pending recovery elsewhere– http://www.environment-agency.gov.uk/subjects/waste/

1416460/1334460/1329426/1737529/1737616/?version=1&lang=_e

Producer?

• Producer - any person who, irrespective of selling technique used (including internet), including by means of distance:

– Manufactures and sells his own brand

– Re-sells under his own brand

– Imports EEE into the UK

• Producers must register with a compliance scheme

End Users Beware!

• The Regulations allow suppliers (producers) to negotiate alternative financing arrangements – This will be a commercial decision and should form part of the

supply contract negotiating process

• Some (unscrupulous!) producers may try and discharge their recycling obligation by writing into supply contracts that their customer is responsible for re-cycling WEEE at the end of its life– Contracts must be negotiated carefully

– Purchasing Staff need to be made aware

Battery Recycling

• Directive agreed May 2006, transposition within 24 months

• Main requirements of Directive:– Collection targets (2012 – 25%; 2016 – 45%)

– Recycling targets

– Restrictions on use of cadmium

– Producer responsibility

• BREW / WRAP looking at collection infrastructure

• Implications for end users e.g. segregation / disposal routes / DoC

Review of Inert Waste Legislation

• Need to ensure that inert waste remains available to restore exhausted mineral extraction sites

• Aim is to regulate in a way that minimises burdens on business and maximise resource efficiency

• Result of Davidson Review / Aggregates Protocol

• Focus on CD&E waste – 90 million tonnes in 2005

• Waste Strategy 2007 target – halve CD&E waste going to landfill by 2012

Review of Inert Waste Legislation

• EA construction sector partnership plan;• greater use of derogations from some of the Landfill Directive

controls that are provided for inert waste; • revised guidance on the testing of inert wastes that are landfilled; • the quality of guidance, including classifying an activity as

recovery or disposal.

• Implication for rules surrounding management of inert waste• New buildings and Estates Management – checks made on

contractors / re-use of waste

Environmental Legal Update Service

• ISO 14001:2004 requires:

Structure of Legal Register

• Most organisations try to keep up with this through reviewing relevant publications / web sites etc. Waterman takes a fresh approach…

• Large range of environmental legislation held on Waterman database

• Relevant direct, indirect and forthcoming legislation identified for your organisation

Structure of Legal Register

Simple description of legislation

Description of how legislation applies

Indication of compliance

Service Levels

Bronze• Telephone interview to build register

Silver• Annual site visit;• brief description of applicability and indication of compliance;• inclusion of Other Requirements beyond legislation.

Gold• Silver Service as above; plus• bespoke formal compliance audit of directly applicable laws.

All Services Include

• Monthly legislation update to your e-mail

• Administrator access to allow you to edit your own applicability and compliance

• Read-only access for an unlimited number of users

Enter Username and Password here

Two logins:• Administrator• Read Only

www.legalregister.co.uk

Charges

• Quoted on an organisation specific basis depending upon size, scope and complexity of activities

• EAUC Conference Offer: 10% discount voucher for Year 1 charges if you contact us for a site visit and quote before end August 2008