SWWMG: September 2015LEGISLATION UPDATE

UPDATES

Hazardous wasteDuty of CareFire Prevention Plans

The Hazardous Waste Regulations 2005

Current requirement for premises registrationNew requirement from 1 April 2016 : removed need to register premises by end March 2016.Government asked EA to find a solution to maintain traceability of waste movements Various options have been explored in order that we can continue to trace hazardous waste consignments

DoC: BackgroundDoC goes back to 1991 with implementation in 1992 with a statutory code of practice (updated in 1995). Set out in Section 34 of the EPA and Part 9 of the Waste Regulations 2011.DoC is a generic obligation applying to everyone in the waste chain – anyone who imports, produces, carries, keeps, treats or disposes of controlled wasteYou must take all reasonable steps to:

• prevent unauthorised or harmful deposit, treatment or disposal of waste (illegal waste sites, flytipping, import/export)

• Prevent a breach by any other person to meet the requirement to have an environmental permit, or a breach of permit condition

• Prevent the escape of waste from your control• Ensure any person to whom you are transferring waste has the correct

authorisation (registered carrier, broker, dealer)• Provide an accurate description of the waste when it is transferred to another

person

Other waste Laws for waste holders

Hazardous Waste RegulationsProducer Responsibility Regulations (packaging, EEE, batteries, ELVs)Separate Collections (paper, metal, plastic, glass)Landfill: waste acceptance, pre-treatment, landfill tax

DUTY OF CAREWASTE

PRODUCER

MATERIALS RECOVERY

FACILITY (MRF) /TRANSFERSTATION

LANDFILL

BROKER/DEALER

TREATMENT INCINERATION

CARRIER

PERMITTED

REGISTERED

Duty of CareConsultation on the revised Waste Duty of Care Code of Practice (July 2015)Consultation ran for 8 weeks – finished on 21st September 2015A Code of Practice is an authoritative statement of practice and differs from legislation in that it offers guidance rather than imposing requirements.The Code of Practice is admissible in evidence and courts must take it into account in legal proceedings where it is relevant to the issues of the caseThe purpose of the Code of Practice is to give simple, clear and practical guidance on what those who import, produce, carry, keep, treat or dispose of controlled waste have to do to fulfil their legal duty of care obligations

Fire Prevention PlansGuidance produced for permitted sites that are storing combustible waste.Fire prevention standards (working plan/EMS)Applies to combustible materials including: paper/card, plastics, rubber, wood, frag waste, rags/textiles, scrap metals, RDF/SDF, WEEE (fridges, computers and TVs containing combustible materials such as plastic), compost/plant material, biomass etc.

Fire Prevention PlansPart of a written management system that includes an assessment of fire risks on the site and the measures in place to prevent, detect, suppress, mitigate and contain firesGuidance details what the plan needs to cover and also stipulates waste piles and separation distances. For example: processed wood including sawdust, shavings and chips – max. height 3m, length/width 10m, max volume 150m3, max area 100m2 and min separation 6m

Thank YouTessa Bowering

Senior Environment officerDirect dial: 01258 483416

Tessa.bowering@environment-agency.gov.uk