Waste 9

United Kingdom

Contaminated Land

5.1 The long-awaited consultation paper on the contaminated land provisions of the Environment Act 1995 were issued in October by the DETR. This final consultation paper includes a draft of the Contaminated Land Statutory Guidance as well as the draft Contaminated Land (England) Regulations 1999. The draft guidance contains a specific definition of contaminated land restricting action under the new regime to where significant harm is being caused or there is a significant possibility of such harm being caused. Local authorities are the primary regulator under the regime with the Environment Agency having responsibility for Special Sites considered to be at greater risk of significant harm. The concept of suitability for use is maintained in the new guidance where the enforcing authority must consider whether the contamination on the land makes it no longer suitable for its current use. Local authorities will also be required to establish and maintain a public remediation register. The Government is still intending for the new regime to come into force in April 2000. (DETR, October 1999)

5.2 The Scottish Executive has issued for consultation draft statutory guidance for the implementation of the contaminated land regime in Scotland, due to come into effect on 1 April 2000. This latest draft takes account of responses to earlier consultation papers including improvements to the presentation of material, refinement to the definition of contaminated land, new rules relating to the environmental cost of carrying out remediation, clarification of the handling of cases involving low levels of water pollution, clarification of the procedure for allocating liabilities in cases where two or more persons are responsible for contamination and further guidance on hardship where liable persons may be relieved of their liabilities. (The Scottish Executive, November 1999)

Waste Management Licences

5.3 Since 11 August 1999, a waste site must be managed by a holder of a valid Certificate of Technical Competence (COTC) or a Certificate of Qualifying Experience, both issued by the Waste Management Industry Training and Advisory Board (WAMITAB) to be deemed a "fit and proper person" per the requirements of Section 74(3)(b) of the Environmental Protection Act 1990. As promised, the Environment Agency has begun suspending waste management licences for sites which have failed to obtain a COTC. By November 1999 the Agency had suspended around 80 licences and given notice of suspension to a further 131 to become effective in February 2000 if they fail to meet the requirements. Most of the sites suspended are in fact believed to be closed down or sites expecting to be closed soon. WAMITAB had issued COTCs to 1,830 managers by November 1999, well short of the 5,000 the Agency estimates will be required over the next five years. (EA, November 1999)

National Waste Strategy - Scotland

5.4 The Scottish Executive has launched its National Waste Strategy for Scotland. The Strategy has been prepared by the Scottish Environmental Protection Agency (SEPA) after a lengthy and detailed consultation process. The strategy proposes that "Area Waste Plans" be prepared by local authorities and enterprise agencies in conjunction with waste producers and the waste industry. Each group is then to produce waste plans in conjunction with SEPA. The strategy sets out basic principles which need to be followed and incorporates the targets of the recent EC Directive on Landfill (99/31/EC) with regards to limits on the amount of biodegradable municipal waste to be sent to landfill. (The Scottish Executive News Release, 9 December 1999)

Landfill

5.5 "Limiting Landfill", a consultation paper on limiting landfill to meet the EC Landfill Directive's targets for the landfill of biodegradable municipal waste was published in October by the DETR. The consultation paper sets out the options being considered by the Government and seeks the views of industry, local authorities, trade associations, environmental groups, voluntary organisations and others, with the results to be announced in the final waste strategy due to be published in early 2000. The EC Landfill Directive requires the amount of biodegradable municipal waste going to landfill to be reduced in three successive stages over a 15-19 year period, to 35% of 1995 biodegradable municipal waste. The consultation paper puts forward options for the best mechanisms for achieving the targets, including: a ban on the landfill of all biodegradable municipal waste, a ban on the landfill of certain types of biodegradable municipal waste, permits for operators of landfill sites to accept biodegradable municipal waste, permits for waste disposal authorities to send biodegradable municipal waste to landfill and the role of the landfill tax. (DETR, October 1999)

5.6 The Scottish Executive has also published its consultation paper on how Scotland is to meet the requirements of the EC Landfill Directive. The options being considered mirror those being put forward in the DETR's consultation paper. (The Scottish Executive, November 1999)

Waste Management Licensing - Surrender

5.7 The Environment Agency has launched a policy on the surrender of waste management licences which provides a consistent interpretation on the law of the surrender of waste management licences and establishes limits to liability for contaminated land when a waste operator wishes to surrender a licence in the future. It is hoped that the policy will encourage the future redevelopment of contaminated land, as previously, all contamination on a site, whether it arose while the site was licensed, before it was licensed, or even before the licence holder owned the site, was taken into account and could therefore be disproportionate to the benefits gained. Under the new policy, historic contamination not attributable to the licence holder is discounted when determining whether the licence can be surrendered. The policy is part of a comprehensive surrender package including an application form, guidance notes and internal procedures. Technical guidance is to be issued for external consultation. The policy was effective from 1 October 1999. (EA, October 1999)

Packaging

5.8 Further to the DETR consultation paper issued in August 1999 proposing changes to the percentage activity obligations and other matters, the Environment Minister announced in November 1999 that from 14 December 1999, as recommended by the Advisory Committee, the convertor obligation would fall from 11 to 9%, the packer/filler obligation would rise from 36 to 37%, the seller obligation would rise from 47 to 48%. It was also agreed to change the threshold test to exclude smaller businesses from the regulations. From 14 December 1999, the threshold tests have been amended to over 50 tonnes of packaging handled and over £2 million turnover. The Environment Agency fee was also increased to ensure better enforcement. The implementing regulations, the Producer Responsibility Obligations (Packaging Waste) (Amendment) (No. 2) Regulations 1999 (SI 1999, No. 3447) came into force on 14 December 1999. (DETR News Release, 25 November 1999, SO, November 1999)

Landfill Tax

5.9 The Government has published its response to the 13th report from the House of Commons Select Committee on Environment, Transport and Regional Affairs published in July on "The Operation of the Landfill Tax". The Government welcomed the report and was pleased to note that the majority of evidence received by the Committee during its inquiry strongly supported the introduction of the landfill tax. The Committee report recommended that the landfill tax rise to £20 per tonne by 2004, to which the Government has responded that its announcement in the last budget to increase the rate to only £15 per tonne by 2004 represents a prudent balance between economic pressures to reduce landfill and the need to allow time for alternative waste management services and facilities to be developed. The Committee had also recommended in its report that funds from environmental taxes should be able to be channelled into particular areas of environmental spending. The Government, however, has responded by stating that this approach interferes with the ability to direct funding to areas that need it most and, therefore, spending should not be linked to revenues from a particular tax. The Committee had expressed concern that some environmental bodies were spending unreasonable sums on administration. The Government, in its response, has agreed to consider this issue as part of a revision of the landfill tax regulations and will monitor whether the overall scheme is delivering worthwhile environmental improvements. (DETR, October 1999)

5.10 Amendments have been made to Section 10 of Notice LFT1, "A General Guide to Landfill Tax". This section deals with guidance on the environmental bodies credit scheme and has been amended to reflect changes to the scheme. Two extra statutory concessions which were announced in March and September 1999 allowing operators on non-standard tax periods to opt for a four period contribution year and to opt for an additional month to make contributions and claim tax credits on their landfill tax returns are covered in the revised Section 10. The new section also includes advice on third party contributors and gives examples of factors to be taken into account by HM Customs & Excise when judging the facts of a case as to whether repayment of a credit should apply when an environmental body fails to spend contributions on an approved project. The revised guidance does not include amendments announced in the March 1999 Budget and it is expected that the Notice will be amended and re-issued early 2000 to reflect the budget changes. The changes have been announced in a Landfill Tax Briefing. (HM Customs & Excise, 29 October 1999)

Radioactive Waste

5.11 The Government has published its official response to the House of Lords Select Committee inquiry into the management of nuclear waste. Widespread consultation on the best way to manage radioactive waste will commence in 2000 and there are also plans for consultation on future issues for the UK plutonium stock pile. The Environment Minister, Michael Meacher, stressed the Government's commitment to a fully comprehensive policy for managing long-term radioactive waste to be developed in the most transparent way ensuring maximum possible public acceptance. Conclusions must be reached on whether to continue storage above ground or to move to deep underground storage. The Select Committee had recommended that a Nuclear Waste Management Commission be set up to oversee implementation of new policy in this area, however, the Government does not consider this appropriate, although they will be inviting views of the need for such a Commission in the forthcoming consultation process. (DETR, October 1999)

European Union

Electronic and Electrical Waste

5.12 The Commission has still not reached agreement over the proposed Directive on waste from electrical and electronic equipment (WEEE). The third draft published in August 1999 would introduce extensive take back and recovery requirements for producers of electrical waste covering most household appliances. Many Directorate Generals (other than Environment) are opposing the Directive, supporting industry's opposition that the Directive will damage trade. The proposed scope of the Directive is also being criticised for being too wide. (European Commission, October 1999)

End-of-Life Vehicles

5.13 The Common Position on the proposed Directive on end-of-life vehicles has been published in the OJ. In a Communication sent to the European Parliament, the Commission described the Common Position as generally acceptable and the Directive has since proceeded to second reading in the European Parliament. The Common Position agrees with the European Parliament's amendment to the original proposal, which postpones the date for initiating the system for providing free recovery of all vehicles from 2003 to 2006. Under the Common Position, all scrap vehicles manufactured after January 2001 must be taken back without charge. The Commission agreed to the amendment on account of the earlier difficulties experienced in reaching a unanimously approved position in the Council, due to the intense lobbying from industry. Following continuing protests from the car industry, a powerful group of Members of Parliament is hoping to pursue the Parliament's Environment Committee to persuade them to reject the proposed Directive. Leading manufacturers have warned that recycling costs implied in the proposed Directive could leave them technically bankrupt. The Group is proposing amendments which would relax the requirements of the proposed Directive, sharing the costs for recycling older vehicles between manufacturers, car owners and companies operating scrap yards. The group is also hoping to amend the Directive so that car makers are only liable for recycling costs of new cars, not as the Directive currently implies, all cars no matter where or when they were made. The Directive is set for its final reading in Parliament early 2000. (OJ C317, 4 November 1999, The Financial Times, 22 November 1999)

Packaging

5.14 The European Commission's latest discussion paper on the revision of the Directive on Packaging and Packaging Waste (94/62/EC) sets an ambitious target for recycling packaging waste by 2006 of 60%. The draft paper also sets recycling targets of 75% for glass, 65% for paper, 55% for metals and 20% for plastics. New targets to be achieved by 2006 must be agreed by the end of 2000. (European Commission, December 1999)