Working within the revised Waste Regulations

1. Working within the revised Waste Regulations 2nd March Llandudno

2. CEW Awards 2011Closing date 15th March

3. Copies of these slides will be added to the web and emailed to you post event

4. Constructing Excellence in Wales Business Breakfast “Working Within the Revised Waste Regulations” Paul Jennings Programme Director Construction & Demolition Waste Programme

5. Construction & Demolition Waste Programme • Welsh Assembly Government (WAG) funded – Department Environment Sustainability & Housing (DESH) Waste Strategy Branch • WAG lead on C&D waste • Three year programme 2008-2011 • £1.5 million - £500,000 per year • Diversion from landfill 450,000 tonnes • 85 per cent recovery target

6. Programme outline 10/11 • Giving Waste Direction PAS 402: 2009 & Green Compass Scheme ® Waste from WHQS RAMS • Making it Easier Trade Waste Bring Sites ® (TWBS) Infrastructure for problem wastes Interventions BuilderScrapWales EDOC • Policy Activity Construction Sector Plan SWMP Regulations

7. Towards Zero Waste Construction Sector Plan The Sector Targets

8. Background - Construction Sector 12.2 million tonnes waste 69% of the controlled waste produced in Wales 30% total waste at waste facilities 1.2 million tonnes to landfill (10%) 56% reused on site 88% aggregate (concrete, bricks) and soil & stone

9. Contacts Paul Jennings Director Construction Waste Programme 02920 493322/07703004420 paul.jennings@cewales.org.uk Emma Cottrell Construction Waste Programme Manager 02920 493322/07501460042 emma.cottrell@cewales.org.uk Ellen Jones Projects Officer 02920 493322 ellen.jones@cewales.org.uk

11. The Implementation of the Exemption Review Cormac Quigley Environment and Business Senior Advisor 04/06/2010

12. What I’ll be talking about • I’ll be majoring on: • The Exemption Review • The move to permitting

13. Exemptions Review Implementation • Our aim is: “To regulate low risk waste management activities proportionately through an exemption system that is simple, risk based and drives environmental improvement.” • Exemptions destination statement sets out how we would like to administer exemptions (available on our website).

14. The new regime • Complex /notifiable exemptions no longer exist • All exemptions are low risk • Higher risk exempt operations replaced by Permitting (principally Standard Permits) • And a commitment for a regular review

15. The new regime • Registration every three years • Registration is free except for WEEE treatment activities

16. The new regime • The exemptions are now listed by type, divided into chapters • Use of Waste (U) • Treatment of Waste (T) • Disposal of waste (D) • Storage of waste other than at the place of production pending its recovery (S)

17. The new regime • In addition, • there is further schedule Part 3 of Schedule 25 Operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions

18. The new regime Operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions • There are three non-registerable exemptions • That is exemptions that you don’t have to register • But you do have to comply with their rules

19. The new regime Operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions • One • Temporary storage of any waste at the site of production • Two • Temporary storage of waste at a place controlled by the producer • Three • Temporary storage at a collection point

20. Transition to new exemption system • Transitional provisions have effect over a 3.5 year period • Phase 1 • 6/4/ 2010 – 30/9/2011 • Phase 2 • 1/10/2011 – 30/9/2012 • Phase 3 • 1/10/2012 – 30/9/2013 No transitional arrangements if you were not exempt on 5/4/2010

21. Transition to new exemption system • Transitional provisions have effect over a three year period • Phase 1 • 6/4/ 2010 – 30/9/2011 • Phase 2 • 1/10/2011 – 30/9/2012 • Phase 3 • 1/10/2012 – 30/9/2013 No transitional arrangements if you were not exempt on 5/4/2010

22. Transition to new exemption system • For whatever period/year your current activity falls into you will have to: • Register a new three year exemption; or • Make an application for a permit; or • Stop

23. Begs two questions: What activity transfers when? How will I know if I need a permit? Transition to new exemption system

24. Phase 1 6/04/10 – 30/09/11 Phase 2 1/10/11 – 30/09/12 Phase 3 1/10/12 – 30/09/13 No Transition New applicants 6/04/10 Regulatory Positions

25. Phase 1 6/04/10 – 30/09/11 Phase 2 1/10/11 – 30/09/12 Phase 3 1/10/12 – 30/09/13 No Transition Exemptions 9, 10, 12,19 not involving agricultural waste on agricultural land 30/09/11

26. Phase 1 6/04/10 – 30/09/11 Phase 2 1/10/11 – 30/09/12 Phase 3 1/10/12 – 30/09/13 No Transition Exemptions 13 and 21 not involving agricultural waste on agricultural land 5/04/12

27. Phase 1 6/04/10 – 30/09/11 Phase 2 1/10/11 – 30/09/12 Phase 3 1/10/12 – 30/09/13 No Transition Exemptions 4, 5, 6, 11, 14, 15, 17, 18, 20, 22, 23, 25, 29, 30, 31, 32, 38, 40, 41, 42 or 46 unless they involve the recovery or disposal of waste on agricultural land Exemption 7 except where it involves agricultural waste on agricultural land 30/09/12

28. Phase 1 6/04/10 – 30/09/11 Phase 2 1/10/11 – 30/09/12 Phase 3 1/10/12 – 30/09/13 No Transition Exemptions involving agricultural waste on agricultural land and exemptions 2, 3, 8, 16, 24, 28, 36, 37, 43 to 45 or 47

29. Transition to new exemption system • Second question How will I know if I need a permit?

30. Transfer to permitting • Each exemption has a threshold volume limit • These limits are either storage limits, processing or total limits allowed by the exemption in question. • If your operation falls below the limit, you can get an exemption • If your operation falls above the limit, you will need a permit.

31. Transition to new exemption system • We have produced a Transition table mapping the old exemptions to the new ones. • It can be seen at www.environment-agency.gov.uk/exemptions • NOTE: you need to check that your exempt operation can still comply with the new thresholds

32. The Exemption limits – U1 Use of waste in construction • 1,000 tonnes • 5,000 tonnes • 50,000 tonnes

33. The Exemption limits – U1 1,000 tonnes • Soils & stones, non-haz dredging spoil , solid waste from soil remediation – any construction • Non haz Bituminous mixtures, plant tissue waste, wood, cork and untreated wood – construction of tracks bridleways or car parks (must be chipped)

34. The Exemption limits – U1 5,000 tonnes • Excavation waste, non haz or contaminated gravel and rock, sand and clays, clean seashells, non haz ceramics, bricks, tiles and construction products, concrete and concrete sludge, non haz track ballast, glass, minerals and aggregates – any construction

35. The Exemption limits – U1 5,000 tonnes • Non haz dredging spoil - - drainage work carried out under Land Drainage Act, water Resources Act or Environment Act

36. The Exemption limits – U1 50,000 tonnes • Non haz bituminous mixtures, road sub base – only for the construction of roads

37. The Exemption limits – U2 Use of end-of-life tyres in construction • 50 tonnes of baled tyres, used or stored • Waste stored for no more than 3 months

38. My caveat • What I’ve said here is only a guide: it is not exhaustive • Make sure you rely on our guidance/the regulations rather than this presentation

39. Permitting • Two basic types of permits • Site permit • Mobile plant permit

40. Permitting • Site permit • Relates to a site, • the site gets permitted

41. Permitting • Mobile plant permit • Relates to plant • the plant gets permitted rather than the site

42. Standard permitting and Bespoke permitting • A bespoke permit is an individually created permit • A standard permit is an “off-the-peg” permit • Not necessarily linked to quality

43. Standard permitting and Bespoke permitting - metaphor • A M&S/Tesco sandwich is equivalent to a Standard Rules Permit • The sandwich shop at the top of my road – selling “bespoke” sandwiches - is equivalent to a bespoke permit

44. The importance of the Generic Risk Assessment (GRA) • The GRA is the “thing” that allows us to issue a standardised permit. • A standard permit is cheaper and faster to get than a bespoke because: • we don’t have to consult external organisations, like the English Nature, as their concerns are covered by the GRA

45. The importance of the GRA • The GRA is the “thing” that allows us to issue a standardised permit. • A standard permit is cheaper and faster to get than a bespoke because: • we don’t have to write conditions (they are standard)

46. The importance of the GRA • The GRA is the “thing” that allows us to issue a standardised permit. • A standard permit is cheaper and faster to get than a bespoke because: • we don’t have to advertise the permit application

47. Standard Permits • We have developed16 standard permits to replace exemptions

48. Permits you may be interested in • SR2009No13 Use of waste in construction (up to 100,000 tonnes of waste) • http://www.environment-agency.gov.uk/static/documents/Research/SR2009No13_Use_of_waste_in_construction_(up_to_100000_tonnes_of_waste).pdf

49. Permits you may be interested in • SR2009No14 Treatment of land for reclamation restoration or improvement (up to 50,000 tonnes of waste). • http://www.environment-agency.gov.uk/static/documents/Research/SR2009No14_Treatment_of_land_for_reclamation_restoration_or_improvement_of_land_(up_to_50000_tonnes_of_waste).pdf

50. Permits you may be interested in • SR2009No 15 Treatment of land for reclamation restoration or improvement (up to 100,000 tonnes of waste) • http://www.environment-agency.gov.uk/static/documents/Research/SR2009No15_Treatment_of_land_for_reclamation_restoration_or_improvement_of_land_(up_to_100000_tonnes_of_waste).pdf