Waste Management

What is waste?

“Any substance or object the holder discards, intends or is required to discard” (WFD 2008, Article 3.1)

Once a substance or object becomes waste, it remains waste until it has been fully recovered and no longer poses a potential threat to the environment.

Why do we legislate waste?

Historically, most UK waste is landfilled, but capacity in existing and space for new landfill is limited.

There is evidence of environmental impacts from landfilling.

Organic waste contributes to Climate Change.

Challenge of fly-tipping and (perceived) devolved responsibility.

Public nuisance (‘pollution not littering’)

To work up the waste hierarchy and progress towards a circular economy.

What is controlled waste?

Originally defined in the Environmental Protection Act 1990 Section 75(4).

Implemented the requirements of the 1975 Waste Framework Directive & Subsequent WFDs.

The Controlled Waste (England and Wales) Regulations 2012.

Classifies waste as household, industrial, or commercial waste, and lists the types of waste for which local authorities may make a charge for collection and disposal.

International Waste Controls

Generally waste management concerned with controlling waste in domestic context.

OECD have significant role in the harmonisation of a definition for ‘waste’.

Policies:

• UN Convention of the Law of the Sea (UNCLOS)

• 1972 London Convention on the Prevention of Marine Pollution by Dumping of Wastes & Other Matter

• Basel Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal 1989

SDG 12

‘Ensure sustainable consumption and production patterns’.

Far more waste generated than collected/recycled between 2000 and 2020 (waste generation accelerated faster than collection could keep up).

Each person wastes on average 120kg of food per year.

In Sub-Saharan Africa, each person in a household wasted 155kg of food in 2019. In Europe and Northern America, each person in a household wasted 113kg in 2019.

The evolution of UK Waste Management Legislation & Policy

• Landfill disposal - country of origin or overseas

• Waste hierarchy

• Proximity Principle - controls export of waste

• Energy of Waste

• Producer Responsibility

• Banned listed substances from landfills & separation of tyres

• Pre-treatment of Waste

• Segregation for recovery

• ‘Zero waste’

• Extended producer responsibility

• Simpler recycling (31st March 2025)

• Deposit Refund Scheme Plan

Overall shift away from disposal and to recycling, reuse and prevention.

What is the EU Circular Economy Package?

(Requirements transferred to UK Environment Act 2021 after BREXIT)

Monitoring framework on progress towards of a Circular Economy (10 indicators covering each phase).

Report of critical materials and circular economy, making use of the 27 materials in our economy more circular.

Led to revised targets:

• A common EU target for recycling 65% of municipal waste by 2030

• A common EU target for recycling 75% of packaging waste by 2030

• A binding target to reduce landfill to max of 10% of municipal waste by 2030

• A ban on landfilling of separately collected waste

• Promotion of economic instruments to discourage landfilling

What is the UK Clean Growth Strategy key waste targets?

• 20% reduction in food and drink waste target

• work towards no food waste entering landfill by 2030

• recycle 65% of municipal waste by 2035 (previously 45%)

• UK to be a zero avoidable waste economy by 2050

• Increase recycling, reuse, repair, and remanufacturing levels

• Extend producer responsibility schemes

• Develop resource efficiency and industrial symbiosis with local enterprise partnerships

• Manage emissions from landfill & research landfill gas capture

• Support anaerobic digestate used as fertiliser

Waste Management Plan for England 2021

25 Year Environment Plan: sets out long-term policy for improving the environment within a generation and commitments to double resource productivity by 2050, reuse materials and to minimise and manage waste to reduce their impact on the environment.

Resources and Waste Strategy: How we will preserve resources by minimising waste, promoting resource efficiency and moving towards a circular economy (longer-term policy direction with 25 year plan).

Waste Prevention Programme for England: Actions for government and for others which will result in reduced waste arisings and increased resource efficiency.

Waste Management Plan for England: Overview of waste management in order to fulfil the requirements of the Waste (England and Wales) Regulations 2011.

What is the England Waste & Resources Strategy 2018?

To double resource productivity, eliminate avoidable plastic waste and eliminate all avoidable wastes by 2050.

Possible Deposit Refund Scheme for 2023.

Links with Circular Economy package & 25 year Environment Plan.

Strategic ambitions:

• Work towards eliminating food waste to landfill

• Double resource productivity

• Work towards ensuring all plastic packaging placed on the market is recyclable, reusable or compostable

• Eliminate avoidable waste of all kinds

• Eliminate avoidable plastic waste

UK Key Waste Management Legislation

• Hazardous Waste Regulations 2005, plus 2009, 2015 & 2016 amendments

• Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (from 1997 and amendments)

• Environmental Permitting Regulations 2007, 2010, 2016

• Waste Batteries and Accumulators Regulations 2009

• The Waste (England & Wales) Regulations 2011

• Controlled Waste (England & Wales) Regulations 2012

• WEEE Regulations (and Amendments) 2013

• Waste Enforcement (England & Wales) Regulations 2018

• The Waste and Environmental Permitting etc. (Legislative Functions and Amendments etc.) (EU exit) Regulations 2020

• Environment Act 2021

• Extended Producer Responsibility (EPR) for Packaging (from 2024)

The Waste (England and Wales) Regulations 2011 & Amendment

• Requires businesses to implement the waste hierarchy

• Changed to waste carrier & broker registration - introduced concept of ‘waste dealer’

• Amendments to hazardous waste controls and definition

• Excludes some categories of waste from waste controls

• Includes small number of radioactive waste materials

• Waste collection authorities required to collect waste paper, metal, plastic and glass separately (from Jan. 2015)

Controlled Waste (England and Wales) Regulations 2012

• Revoked and replaced the Controlled Waste Regulations 1992

• Classifies waste as household, industrial or commercial

• Lists wastes for which local authorities may make a charge for collection & disposal

What is Duty of Care?

• Environment Protection (Duty of Care) Regulations 1991: Waste (Part II of EPA 1990)

• The Waste (England and Wales) Regulations 2011

• Duty of Care on all companies and individuals who deal with waste in any part of the waste chain leading to disposal

• The company producing the waste is responsible for that waste after it has been passed to another company (you never lose your legal responsibility for the waste you produce)

What is the guidance of Duty of Care?

1. Ensure all waste removal companies are registered with the EA and have all necessary licenses or permits (i.e., for treatment, storage, or disposal)

2. Waste Transfer Notes (WTN’s) - agree on all waste quantities, waste codes and correct descriptions with transfer company and countersigned by all parties

3. Periodically audit the transfer company

4. Keep copies of transfer notes for at least 2 years

The Separation of Waste (England) Regulations 2025

31st March 2025:

• businesses and relevant non-domestic premises in England required to arrange for the collection of the core recyclable waste streams (with the exception of garden waste) - glass, metal, plastic, paper and card, food waste

• non-household municipal premises required to implement Simpler Recycling measures for all types of recyclable waste (excl. garden waste and plastic film)

31st March 2026:

• local authorities will be required to collect the core recyclable waste streams from all households in the England. This includes introducing weekly food waste collections for most homes, unless a transitional arrangement applies

• landfill tax increase implemented

31st March 2027:

• Kerbside plastic film collections from businesses and relevant non-domestic premises, and households will be introduced

• Micro-firms (businesses with fewer than 10 full-time equivalent employees) exemption removed and obligated to recycle all types of recyclable waste (except garden waste).

• Plastic film collection from all properties will start

What is hazardous waste?

Waste materials that are potentially toxic and dangerous to the human and natural environment.

Examples: asbestos, oil, oily sludges, solvent-based paints, lead-acid batteries

Amended under The Waste (England and Wales) Regulations 2011.

Hazardous Waste Regulations 2005 (+ 2009, 2015, and 2016 amendments)

• Implements definition of hazardous waste into legislation (and remove special waste)

• Requires producers of hazardous waste to notify the EA of their premises - except in England

• Ensures Separation of waste types

• Ensures safe management and cradle-to-grave documentation for movement of hazardous wastes.

• Requires consignees to keep accurate records of hazardous waste and provide EA with quarterly disposal & recovery information

How are hazardous wastes listed?

• LoW (List of Wastes) fully implements the European Waste Catalogue (EWC) as the ‘the list’ into UK regulation

• All waste types are allocated a 6-digit code

• Chapter (generic industry) / Sub-character (process) / Waste group

• There is a legal to use the codes on all Duty of Care Waste Transfer Notes (WTN’s) and all Hazardous Waste Consignment Notes (WCN’s)

• Previously ‘List of Wastes Regulations 2005 now revoked and addressed in Hazardous Waste (Miscellaneous Amendments) Regulations 2015 (SI2015/1360)

What is the guidance for hazardous waste for the industry?

• ensure all hazardous wastes are removed + managed by an appropriately registered waste contractor

• develop a hazardous waste storage site plan

• establish management procedures for the storage and disposal of all hazardous wastes

• separate emergency procedures for all hazardous wastes

How is hazardous waste disposal enforced?

EA (and equivalents) will take action where:

• hazardous waste disposed at unlicensed site

• hazardous waste mis-described or mixed with non-hazardous waste

• hazardous liquid waste accepted at a landfill

• failing to comply with requirements for notification, movements, records, returns and emergency procedures

• Illegal tipping - very strict investigation and enforcement

What are the penalties for mismanagement of hazardous waste?

• Magistrates Court - up to 6 months imprisonment and/or £20,000 fine

• Crown Court - up to 5 years imprisonment and/or unlimited fine

• Other penalties can include community service, disqualification of Directors

• Regulators always seek to recover the costs of investigation, clean-up (if necessary) court proceedings

Statistics for Environment Agency proceeds of crime

• 2017- 2020: stopped illegal waste activity at 2,700 sites and initiated 191 prosecutions for illegal waste sites, with 39 prison sentences handed down. Also issued fines of over £1.1million for illegal waste sites, plus £5.5 million in Proceeds of Crime Act confiscation orders

• Waste crime costs the economy in England an estimated £1 billion per year

• 2019-2020: EA prosecuted nearly 100 individuals and companies for waste crime offences, with fines exceeding £900,000, 28 custodial sentences and £1 million of confiscation orders