Waste Pollution
WASTE POLLUTION
Man produces all types of waste at an alarming rate and much of it results in pollution of the environment to a greater or lesser extent.
In desperate efforts to control that pollution a great deal of legislation has been introduced and no doubt there will be more to follow in the future. Statutory waste management is here to stay.
WASTE MANAGEMENT
Most U.K. legislation on waste management is implemented as a result of European Directives.
In 1975 a “Waste Framework Directive” was published and in 1991 there was a Directive on Hazardous Waste. These were principally introduced into U.K. law by the Environmental Protection Act 1990 (as amended) and the Hazardous Waste Regulations (see below) respectively.
The legislation includes a common definition of waste and a list of hazardous wastes (periodically updated).
As part of this earlier legislation a duty of care was introduced under the Environmental Protection (Duty of Care) Regulation 1991 (as amended). These provide that anyone who imports, produces, carries, keeps, treats or disposes of waste is subject to a duty of care whereby they must take all reasonable and applicable measures:
• to prevent another person illegally treating, keeping, depositing or otherwise disposing of waste.
• prevent the escape of waste.
• Ensure that transfer of the waste only occurs to an “authorised person” and that the transfer is accompanied by a written description of the waste.
The duty of care extends to ensuring that waste is not simply handed to anyone prepared to take it away but is transferred through a process that will result in its proper disposal.
In 2003 the Regulations were amended to allow Waste Collection Authorities (in addition to the Environment Agency) to check whether businesses are completing and retaining their Duty of Care Transfer Notes correctly.
In 2005 a further amendment included householders in those responsible for ensuring that any waste they pass on goes to a Registered Carrier.
Waste legislation deals with the treatment, disposal, storage, transport and re-cycling of waste. The E.U. Landfill Directive ( 1999/31/EC ) was introduced into our Law by the Landfill ( England and Wales ) Regulations 2002. and is slowly changing the way we handle waste.
Defining and separately disposing of hazardous and non-hazardous waste was a first step which has been followed by others dealing with specific matter going to landfill and the introduction of controls over site monitoring and engineering standards.
Since October 2007 liquid wastes have been banned from landfill sites.
Also since that date all non-hazardous waste (including commercial) must be pre-treated before going to landfill. This treatment, which can include sorting, must be such as to meet specific criteria.
The Waste (England and Wales) Regulations 2011 implement the revised EU Waste Framework Directive 2008/98. They:
* require businesses to confirm that they have applied the waste management hierarchy when transferring waste and include a
declaration on their waste transfer note or consignment note.
* Introduce a two-tier system for waste carrier and broker registration, including a new concept of a waste dealer.
* make amendments to hazardous waste controls.
* exclude some categories of waste from waste controls.
From 28 September 2011 the waste hierarchy must be followed and producers and dealers should consider, in order of priority, the following options:
* prevention - by producing less waste
* preparation of waste for reuse.
* recycling
* recovery for other purposes, e.g. energy.
* disposal
These options apply to most types of waste, both hazardous and non-hazardous, but for:
* food waste, anaerobic digestion is environmentally better than composting or other options.
* low-grade wood waste, energy recovery is more suitable than recycling.
Guidance on the non-hazardous waste hierarchy can be downloaded from the DEFRA website and on hazardous waste from the Environment Agency website.
Particular concerns for Convenience Store Retailers are the European Directives introduced into U.K. law to deal with specific “waste streams”, the intention being to reduce risks involving hazardous wastes and to increase the re-cycling of waste generally. These include:
• End of Life Vehicle Regulations 2003.
• The Producer Responsibility Obligations (Packaging Waste) Regulations 2007.
• Hazardous Waste (England & Wales) Regulations 2005 (as amended).
• The Waste Electrical & Electronic Equipment (W.E.E.E.) Regulations 2006
• The Animal By-Products Regulations 2005
There is other legislation that touches upon the disposal of waste without being part of the main framework for waste management. For example the Clean Neighbourhoods and Environment Act 2005 provides for:
On-the-spot fines (up to £100) for those who leave domestic waste out at the wrong times
Fines for businesses (e.g. ‘white van men’) of £300 who are not registered to carry waste
Fines for businesses of £300 if they fail to produce required waste duty of care documentation
Powers to order landowners to clear fly-tipped waste from their land if they knowingly caused or permitted the fly-tipping
Amendment of provisions for dealing with fly-tipping by (1) removing the defence of acting under employers’ instructions and (2) increasing maximum penalty for fly-tipping to £50,000 in the Magistrates Court or five years imprisonment on indictment.
Local Authorities and courts to have new powers to deal with fly-tipping
It also gives Local Authorities the power to remove abandoned cars from the streets immediately and to dispose of removed cars more quickly. An on the spot fine of £200 can be imposed for those guilty of abandoning vehicles.
All PBS information sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation.
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