CIWM TORBAY 2004

1
CIWM TORBAY 2004

• Whats in the Pipeline for Producers?
• Andrew Bryce
• Environmental Solicitor

2
The Context

• The Landfill Directive and IPPC
• Landfill Tax escalator
• Hazardous Waste Regulation and capacity
• Producer Responsibility
• Duty of Care Reform
• Exemptions and Waste Definition
• Waste Permitting Review
• Waste Planning

3
Impact of the Landfill Directive

• Reduction in wastes to landfill
• Reduction of cheap disposal routes
• Pre treatment of wastes
• Acceptance criteria
• Policy/planning/investment interface
• Liquids ban and end of co-disposal
• Hazardous waste impact

4
IPPC Implementation

• Landfill BAT standards
• Treatment and incineration resources
• Move towards all waste under IPPC
• OPRA and risk-based approach
• Producers own industry also regulated?
• Uncertainty in enforcement
• Higher standardshigher cost

5
Hazardous Waste

• Landfill Directive requirements
• Landfills costly to establish and run
• Low in number and poorly distributed
• EWC revisions increased scope
• 17(?)applications made for hazwaste sites
• 38 applications for cells for stabilised wastes
• Contaminated soils problem

6
Hazardous Waste Regulations

• New Draft Regulations imminent
• Producer registration
• End of pre-notification
• Use of electronic paperwork encouraged
• Quarterly returns to EA of movements and
  destinations
• On-the-spot fines for paperwork mistakes
• New fees structure

7
Producer Responsibility

• Packaging, WEEE, ELVs
• Future blueprint for regulationcost to the waste
  producer
• Enforcement lessons of packaging
• EA resources?
• Educational/information initiatives vital
• Cost and accountability for producers?

8
WEEE Directive

• 2 Condocs in 2003 for implementation
• Transposition due by 13.8.04
• Draft Regs due late June
• Complaints about rushed timetable
• EFRA Committee Report
• Government Response
• EU pressure questionnaire agreed

9
WEEE Directive Requirements

• Collection system for households to return waste
  by 13.8.04
• By 2008 Producers must have systems for handling
  weee from households
• By 31st December 2006 min of 4kg of weee per
  inhabitant per year to be collected separately
• Targets for recovery which will be revised in
  2008

10
WEEE Problems

• CA Sites in place but require improvement
• Treatment and dismantling facilities still needed
• How will monitoring and data be managed?
• Compliance must be enforced
• Final details urgently needed by producers and
  waste industry

11
Duty of Care

• Many producers still blissfully unaware
• Section 34 of 1990 Act and Code of Practice
• Who enforces?
• New Code of Practice due
• Review of the Duty is currently being undertaken
  by DEFRA with a view to revision
• Fly tipping producers responsibility?

12
Waste Definition

• Framework Directive and DOE Circular 11/94
• Line of EU decisions
• Palin Granit, Avesta Polarit and Van De Walle
• EU unlikely to change Directive
• DEFRA reviewing 11/94 Annex 2
• Why is this important for producers?

13
Waste Permitting Review

• Risk based tiered approach
• Standardisation for some licences
• De-coupling planning and licensing
• Financial provision relaxation
• Relevant convictions approach
• Partial surrender and transfer
• Exemptions under review important for producers

14
Environmental Permit for Remediation

• Kirby Report
• Waste definition issues
• Will cover multiplicity of existing requirements
  of EA
• Consultation early July
• Speed of grant and surrender important for
  practical use

15
Why should Producers be worried?

• Cost and responsibility
• Rapidly changing regulatory climate
• Enforcement shift towards producers
• Enhanced Duty of Care likely
• Economic disposal requires legal and technical
  know-how
• Cannot contract out of your criminal
  responsibility

16
What should producers be doing?

• Devote resources to monitoring and understanding
  waste regulation
• Address segregation, minimisation recyling and
  recovery now
• Audit and use good contractors
• Step change in attitude required at board level
  being forced by reporting standards and CSR
• Costs are a competitiveness issue