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Waste Legislation Update. Waterman Environmental Anna Latham, Senior Consultant. Waterman Environmental. Multi-disciplinary consultancy engineering and environmental consultancy, offices throughout the UK and globally Environmental Consultancy Services include: EIA, SEA EMS
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Waste Legislation Update Waterman Environmental Anna Latham, Senior Consultant
Waterman Environmental • Multi-disciplinary consultancy engineering and environmental consultancy, offices throughout the UK and globally • Environmental Consultancy Services include: • EIA, SEA • EMS • Due Diligence • Sustainability Services • IPPC and regulatory compliance • Training
Objectives • Waste legislation update / general discussion • Introduction to www.legalregister.co.uk www.legalregister.co.uk …taking the hard work out of environmental compliance
Brainstorm • What are the main issues relating to waste legislation affecting your institution? • How do you ensure that you keep up to date with changes in legislation?
Waste Legislation Update • Pre-treatment of non-hazardous waste • WEEE – issues for Universities • Battery recycling • Review of Inert Waste Legislation
Pre-treatment of Non-Hazardous Waste • Requirement of the Landfill Directive from October 2007 • Treatment must: • Be a physical, thermal, chemical or biological process including sorting; • Change the characteristics of the waste; and • it must do so in order to: • (a) reduce its volume; or • (b) reduce its hazardous nature; or • (c) facilitate its handling; or • (d) enhance recovery.
Exceptions • It is an inert waste for which treatment is not technically feasible • It is a waste other than an inert waste and treatment would not reduce its quantity or the hazards that it poses to human health or the environment
http://publications.environment-agency.gov.uk/pdf/GEHO0207BLWJ-e-e.pdfhttp://publications.environment-agency.gov.uk/pdf/GEHO0207BLWJ-e-e.pdf
Pre-treatment of Non-Hazardous Waste • EA and NI – producers of waste must check with waste contractors if they are pre-treating before landfill • Scotland – more emphasis on regulation via WML for waste contractors
WEEE • Waste Electrical and Electronic Equipment Regulations 2000 • Main issues for Universities: • Compliance with DoC • Requirements to register as an exemption under WML? • Are you a producer? • Negotiating Supply contracts for new equipment
Duty of Care • WEEE purchased before 13 Aug 2005 • If no like for like replacement the end business user is responsible for disposal costs • If like for like replacement of equipment – supplier (producer) responsible • WEEE purchased after 13 Aug 2005 • Producer responsible, unless otherwise agreed with business user • Transfer to Accredited Exporter or Authorised Accredited Treatment Facility • Retain transfer notes / licenses etc.
WML exemptions • Para 49 exemption - Repair and/or refurbishment of WEEE • http://www.environment-agency.gov.uk/subjects/waste/1416460/1334460/1416503/1097663/?lang=_e • Para 50 exemption - The storage of WEEE pending recovery elsewhere • http://www.environment-agency.gov.uk/subjects/waste/1416460/1334460/1329426/1737529/1737616/?version=1&lang=_e
Producer? • Producer - any person who, irrespective of selling technique used (including internet), including by means of distance: • Manufactures and sells his own brand • Re-sells under his own brand • Imports EEE into the UK • Producers must register with a compliance scheme
End Users Beware! • The Regulations allow suppliers (producers) to negotiate alternative financing arrangements • This will be a commercial decision and should form part of the supply contract negotiating process • Some (unscrupulous!) producers may try and discharge their recycling obligation by writing into supply contracts that their customer is responsible for re-cycling WEEE at the end of its life • Contracts must be negotiated carefully • Purchasing Staff need to be made aware
Battery Recycling • Directive agreed May 2006, transposition within 24 months • Main requirements of Directive: • Collection targets (2012 – 25%; 2016 – 45%) • Recycling targets • Restrictions on use of cadmium • Producer responsibility • BREW / WRAP looking at collection infrastructure • Implications for end users e.g. segregation / disposal routes / DoC
Review of Inert Waste Legislation • Need to ensure that inert waste remains available to restore exhausted mineral extraction sites • Aim is to regulate in a way that minimises burdens on business and maximise resource efficiency • Result of Davidson Review / Aggregates Protocol • Focus on CD&E waste – 90 million tonnes in 2005 • Waste Strategy 2007 target – halve CD&E waste going to landfill by 2012
Review of Inert Waste Legislation • EA construction sector partnership plan; • greater use of derogations from some of the Landfill Directive controls that are provided for inert waste; • revised guidance on the testing of inert wastes that are landfilled; • the quality of guidance, including classifying an activity as recovery or disposal. • Implication for rules surrounding management of inert waste • New buildings and Estates Management – checks made on contractors / re-use of waste
Environmental Legal Update Service • ISO 14001:2004 requires:
Structure of Legal Register • Most organisations try to keep up with this through reviewing relevant publications / web sites etc. Waterman takes a fresh approach… • Large range of environmental legislation held on Waterman database • Relevant direct, indirect and forthcoming legislation identified for your organisation
Structure of Legal Register Simple description of legislation Description of how legislation applies Indication of compliance
Service Levels Bronze • Telephone interview to build register Silver • Annual site visit; • brief description of applicability and indication of compliance; • inclusion of Other Requirements beyond legislation. Gold • Silver Service as above; plus • bespoke formal compliance audit of directly applicable laws.
All Services Include • Monthly legislation update to your e-mail • Administrator access to allow you to edit your own applicability and compliance • Read-only access for an unlimited number of users
www.legalregister.co.uk • Two logins: • Administrator • Read Only Enter Username and Password here
Charges • Quoted on an organisation specific basis depending upon size, scope and complexity of activities • EAUC Conference Offer: 10% discount voucher for Year 1 charges if you contact us for a site visit and quote before end August 2008