Waste Management Notes

What is Waste?

  • According to the Waste Framework Directive (WFD 2008, Article 3.1), waste is "any substance or object the holder discards, intends, or is required to discard."
  • A substance or object remains waste until fully recovered and no longer poses an environmental threat.

Why Legislate Waste?

  • Historically, most UK waste was landfilled.
  • Landfill capacity is limited, and space for new landfills is scarce.
  • Landfilling has environmental impacts and causes losses.
  • Organic waste contributes to climate change.
  • Fly-tipping poses a challenge, with devolved responsibility issues.
  • Waste can be a public nuisance, considered 'pollution not littering'.
  • Legislation aims to promote the waste hierarchy and progress toward a circular economy.

Controlled Waste

  • Originally defined in the Environmental Protection Act 1990 Section 75 (4).
  • Implemented the requirements of the 1975 Waste Framework Directive and subsequent WFDs.
  • The Controlled Waste (England and Wales) Regulations 2012 classifies waste as household, industrial, or commercial waste.
  • Lists waste types for which local authorities may charge for collection and disposal.

International Controls

  • Waste management primarily focuses on controlling waste in the domestic context.
  • The OECD plays a significant role in harmonizing the definition of 'waste'.
  • UN Convention on 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.

Sustainable Development Goals (SDGs)

  • SDG 12 focuses on Responsible Consumption and Production.
  • Highlights the issue of E-Waste Management and Recycling Rates globally.
  • Addresses food waste, with statistics showing that each person wastes an average of 120 kilograms of food per year.

Evolution of UK Waste Management Legislation & Policy

  • Landfill Disposal - considering the country of origin or overseas destinations.
  • Emphasis on the Waste Hierarchy.
  • Proximity Principle - controls on the export of waste.
  • Energy from Waste initiatives.
  • Producer Responsibility.
  • Banning listed substances from landfill & separation of tires.
  • Pre-treatment of Waste.
  • Segregation for recovery.
  • Moving towards ‘Zero Waste’.
  • Extended Producer Responsibility.
  • Simpler Recycling – by 31 March 2025.
  • Deposit Refund Scheme in planning.

Evolution of Waste Management Practices

  • Shift from disposal to prevention, reuse, and recycling.
  • Prevention: Using less material in design and manufacture, keeping products longer, and using less hazardous materials.
  • Preparing for reuse: Checking, cleaning, repairing, and refurbishing items or spare parts.
  • Recycling: Turning waste into new substances or products, including processes like anaerobic digestion and composting.
  • Other recovery: Includes materials from waste and some landfilling; also co-incineration and incineration plants with R1 status.
  • Disposal: Includes landfill and incineration plants that don't have R1 status.

EU Circular Economy Package

  • Requirements transferred into UK law through the Environment Act 2021.
  • Includes revised waste legislation proposals & targets.
  • Monitoring Framework with 10 indicators covering production, consumption, waste management & secondary raw materials.
  • Focus on investment, jobs & innovation.
  • Report on Critical Materials & circular economy - making use of the 27 critical materials in our economy more circular.

EU Circular Economy Action Plan

  • 'Circular Economy Package' led to revised waste 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 landfill target to reduce landfill to a maximum of 10% of municipal waste by 2030.
    • A ban on landfilling of separately collected waste.
    • Promotion of economic instruments to discourage landfilling.

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 stuck at 44/45%).
  • 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 Policy & Strategy

  • 25 Year Environment Plan: Sets out the government's long-term policy for improving the environment, including commitments to double resource productivity by 2050.
  • Resources and Waste Strategy: Sets out how to preserve resources by minimizing waste, promoting resource efficiency, and moving towards a circular economy.
  • Waste Management Plan for England: Provides an overview of waste management to fulfill the requirements of the Waste (England and Wales) Regulations 2011.
  • Waste Prevention Programme for England: Articulates actions for government and others to reduce waste and increase resource efficiency.

England Waste & Resources Strategy 2018

  • A national strategy to double resource productivity, eliminate avoidable plastic waste, and eliminate all avoidable wastes by 2050.
  • Possible Deposit Refund Scheme from 2023.
  • Links with the Circular Economy package & 25 Year Environment Plan.
  • Strategic ambitions include eliminating food waste to landfill and ensuring all plastic packaging is recyclable, reusable, or compostable.

England Waste Management Plan

  • Supports the requirements of the Environment Act 2021.
  • Links with the Waste Regulations 2011, Circular Economy package, and the 25 Year Environment Plan.
  • Plan to support the delivery of the 65% recycling target for municipal waste by 2035.
  • No mention of a possible Deposit Refund Scheme from 2023.

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 and Wales) Regulations 2018.
  • The Waste and Environmental Permitting etc. (Legislative Functions and Amendment 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 waste carrier & broker registration - introduced the concept of ‘waste dealer’.
  • Amendments to hazardous waste controls and definition.
  • Excludes some categories of waste from waste controls.
  • Includes a 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.

Duty of Care

  • Environmental 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.
  • Legal responsibility for the waste produced is never lost.

Duty of Care - Producers of Waste

  • Producers of waste have a duty of care to take reasonable steps to keep waste safe.
  • Waste must be stored safely and securely.
  • Preventing waste from causing pollution or harm is essential.

Duty of Care Guidance

  1. Ensure all waste removal companies are registered with the EA and have all necessary licenses or permits (i.e. for treatment, or transfer, or storage, or disposal, or all).
  2. Waste Transfer Notes (WTN’s) - agree on all waste quantities, waste codes and correct descriptions with the transfer company and countersigned by all parties.
  3. Periodically audit the transfer company.
  4. Keep copies of transfer notes for at least 2 years.

Simpler Recycling Legislation

  • 31 March 2025: businesses and relevant non-domestic premises in England are required to arrange for the collection of core recyclable waste streams (excluding garden waste) - glass, metal, plastic, paper and card, food waste.
  • 31 March 2026: local authorities will be required to collect the core recyclable waste streams from all households in England, including weekly food waste collections for most homes.
  • 31 March 2027: kerbside plastic film collections from businesses, relevant non-domestic premises, and households will be introduced.
  • 31 March 2027: Micro-firms (businesses with fewer than 10 full-time equivalent employees) will have the exemption removed and will be required to participate.

Key Dates

  • 21 October 2023: The Government announces the new Simpler Recycling legislation.
  • April 2025: Landfill Tax increase is implemented; the Standard Rate increases by 21.6% to £126.15£126.15 per tonne, and the Lower Rate increases by 22.7% to £4.05£4.05 per tonne.
  • 31 March 2025: Non-household municipal premises (except micro-firms) are required to implement Simpler Recycling measures.
  • 31 March 2027: Micro-firms are obligated to recycle all types of recyclable waste, with plastic film collection starting for all properties.

Single-Use Vapes Ban

  • From 1 June 2025, it will be illegal for businesses to sell or supply single-use vapes.
  • This applies to online sales and in shops, whether or not they contain nicotine.
  • Reusable vapes will still be permitted.

Guidance for Industry

  • Ensure the organization meets all ‘duty of care’ guidance requirements.
  • Establish if the organization requires an environmental permit for using, treating, storing, and disposing of waste.
  • Check new requirements for extended producer responsibility (EPR) for packaging waste.

Hazardous Waste Regulations 2005

  • Waste materials that are potentially toxic and dangerous to human and natural environment.
  • Examples: asbestos, oil, oily sludges, solvent-based paints, solvents, lead-acid batteries, fluorescent tubes, computer monitors, pesticides.
  • Amended under The Waste (England and Wales) Regulations 2011.

Implementing Hazardous Waste Regulations

  • Implements a 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 the movement of hazardous wastes.
  • Requires consignees to keep accurate records of hazardous waste and provide EA with quarterly disposal & recovery information.

List of Wastes

  • LoW fully implements the European Waste Catalogue (EWC) as “the List” into UK regulation.
  • All waste types are allocated a 6-digit code.
  • Chapter (generic industry) / Sub-chapter (process) / Waste group.
  • There is a legal requirement 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).

Guidance for Industry - Hazardous Waste

  • Ensure all hazardous wastes are removed and 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.

Enforcement

  • EA (and equivalent bodies) will take action where:
    • Hazardous Waste is disposed of at an unlicensed site.
    • Hazardous Waste is mis-described or mixed with non-hazardous waste.
    • Hazardous liquid waste is accepted at a landfill.
    • Failing to comply with requirements for notification, movements, records, returns, and emergency procedures.
    • Illegal Tipping – very strict investigation and enforcement.

Penalties

  • Magistrates Court – up to 6 months imprisonment and/or £20,000£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.

Regulators

  • Various agencies are involved in regulating waste management, including:
    • Northern Ireland Environment Agency.
    • Natural Resources Wales.
    • Scottish Environment Protection Agency (SEPA).
    • Environment Agency.
    • Local Authorities.

Resources

  • Bell, McGillivray, Pederson, Lees & Stokes; 2024; Environmental Law 10th Edition: Chapter 19.
  • UK Government: https://www.gov.uk/topic/environmental-management/waste
  • Europa, 2017. http://ec.europa.eu/environment/circular-economy/index_en.htm