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Waste or not waste? Stephen McCarthy, EPA 25/03/2010

Waste or not waste? Stephen McCarthy, EPA 25/03/2010. Definition of waste Basic legal requirements applying to waste Interpretation of definition of waste Case law EU guidance 2008 Waste Framework Directive EPA decisions. Contents. S. 4(1)(a) of the Waste Management Act

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Waste or not waste? Stephen McCarthy, EPA 25/03/2010

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  1. Waste or not waste? Stephen McCarthy, EPA 25/03/2010

  2. Definition of waste Basic legal requirements applying to waste Interpretation of definition of waste Case law EU guidance 2008 Waste Framework Directive EPA decisions Contents

  3. S. 4(1)(a) of the Waste Management Act ‘any substance or object…which the holder discards or intends or is required to discard, and anything which is discarded or otherwise dealt with as if it were waste shall be presumed to be waste until the contrary is proved’ ‘the burden of proving something discarded or treated as waste is not waste lies with the holder of the waste if regulatory authorities or others claim that it is’ Scannell, Y. (2006) Environmental and Land Use Law Definition of waste

  4. S. 32(1) A person shall not hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. S.32(2) A person shall not…transfer the control of waste to any person other than an appropriate person (LA or person authorised to collect, recover or dispose of the type of waste in question) S. 34(1)(a) …a person other than a local authority shall not…collect waste…save under and in accordance with a [waste collection] permit… S. 39(1) …a person shall not dispose of or undertake the recovery of waste…save under and in accordance with a [waste] licence… (or IPPC licence, waste facility permit or cert. of registration; also some exemptions) Basic legal requirements applying to waste

  5. Waste licence, permit or cert. of reg.

  6. EU case law – 50+ cases – e.g. mining/quarrying wastes, petroleum coke, contaminated soil, pig manure… EU Communication on Waste and By-products. Certainty of use Financial advantage Further processing Special env. precautions Interpretation of definition of waste

  7. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:312:0003:0003:EN:PDFhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:312:0003:0003:EN:PDF Article 5 By-products further use of the substance or object is certain the substance or object can be used..without …further processing other than normal industrial practice the substance or object is produced as an integral part of a production process further use is lawful, i.e. the substance or object: fulfils all relevant product, environmental and health protection requirements will not lead to overall adverse environmental or human health impacts 2008 Waste Framework Directive

  8. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:312:0003:0003:EN:PDFhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:312:0003:0003:EN:PDF Article 6 End of waste (following recovery) the substance or object is commonly used for specific purposes a market or demand exists… the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable the use of the substance or object will not lead to overall adverse environmental or human health impacts EU to develop criteria for at least: aggregates, paper, glass, metal, tyres and textiles 2008 Waste Framework Directive

  9. ! Case specific Waste: Railway sleepers - use not appropriate, environmental risks Mixed scrap metal - material requires recovery before suitable for reuse Harbour dredgings - dewatering required and subsequent use not demonstrated Wood waste containing laminates, varnishes, etc - use not appropriate, WID applies C&D material used in forestry roads - contaminated Not waste: Compost from licensed site meeting licence specifications Solvent (monochlorobenzene) - recovered and suitable for reuse at another site Clean drums reused to package waste at another site Black spent grain used as animal feed Alum sludge from water treatment used in cement manufacture Clean wood chip/off-cuts used in on-site boiler for energy needs Surplus uncontaminated top soil used beneficially as soil resource EPA Decisions (examples)

  10. Can be used if you are unsure whether waste licence, waste facility permit, certificate of registration or none of these are required for an activity Article 11

  11. Waste or not - complex area, apply precautionary principle Inappropriate use of waste can pose significant environmental risks – e.g. contact with food chain Misinterpretation could result in breach of legal obligations Conclusion

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