Environment Law Update: Waste 2

United Kingdom

Recycling

The DETR has produced guidance for local authorities to use when considering applications for Private Finance Initiative (PFI) waste projects. Specific criteria for PFI waste projects listed in the guidance include: schemes must demonstrate compliance with the National Waste Strategy 2000; schemes must support local authorities' plans for recycling set out in their recycling plans or municipal waste management strategies; schemes must take into account the obligations of the Landfill Directive and proposals that include incineration must be able to prove that recycling has been considered first and schemes should include proposals for combined heat and power wherever possible.
(DETR News Release, 22 September 2000)

Offshore installations

Guidance Notes for Industry covering the decommissioning of offshore installations and pipelines have been published by the DTI and are the first such set of guidance notes to be issued by a Contracting Party to the OSPAR Convention (Commission for the Protection of the Marine Environment of the North East Atlantic). The UK is the first country in Europe to implement key decisions of the OSPAR Convention which effectively bans almost all sea disposal of offshore oil and gas installations. The guide is a significant step in managing the decommissioning of offshore installations and will be of use to offshore oil and gas operators who are required to submit Decommissioning Programmes for approval. It is hoped that employment opportunities will be created through the Decommissioning Programmes.
(DTI News Release, 21 August 2000)

Contaminated land – Scotland

The contaminated land regime for Scotland was brought into force by the Contaminated Land (Scotland) Regulations 2000 (SSI 2000 No 178) on 14 July 2000. The regime mirrors that introduced in England in April of this year. Local authorities therefore are under a duty to inspect their area from time to time to identify "contaminated land". Each authority must publish a formal written strategy for the inspection of its area in 15 months of the date of publication of the statutory guidance. Where a site is identified as a "special site", the local authority must inform the Scottish Environmental Protection Agency who then becomes the enforcing authority for that land. The Regulations are accompanied by a Circular published by the Scottish Executive (Circular 1/2000) which contains statutory guidance on the new regime. Again, the guidance mirrors that published for the English regime and is hence divided into five sections: the definition of contaminated land; the identification of contaminated land; the remediation of contaminated land; exclusion and apportionment of liability for remediation; and the recovery of costs of remediation. The regime is yet to be introduced in Wales.
(The Scottish Executive, 12 July 2000)

Waste management paper revisions

The Government has revised Waste Management Paper No 4 - "Licensing of Waste Management Facilities" and Waste Management Paper No 4a - "Licensing of Metal Recycling Sites". The amendments reflect revisions to the Environment Agency inspection and risk assessment of licensed sites and review of waste management licenses. The amendments provide for: regular review of licences by the Environment Agency; risk assessments to be carried out during site inspections and overall risk assessment to be carried out for each site every three months. Provisions are also made to ensure that current standards are adhered to irrespective of the conditions of waste management licences and a licence holder's performance appraisal will assess compliance with licence conditions as well as management of the site. The amendments effectively enable the Agency to look beyond mere compliance with licence conditions. This may have far-reaching implications for site managers who have old and out-dated licenses which do not reflect current industry practice or technology.
(DETR, July 2000)

Packaging waste

The Government has launched a consultation paper containing proposals to increase the packaging waste recovery target for 2001 from 52% to 58% and the "material specific recycling target" (i.e. the minimum target for each type of packaging waste material including paper, steel, plastic etc) from 15 to 18%. The overall recycling target of 25% would remain. Following a review of the packaging Regulations, it has been decided that the current targets are not high enough to ensure the UK meets its obligations under the EC Directive on Packaging and Waste (96/62/EC). The paper gives an estimate of the amount of packaging waste that will flow into the waste stream in 2001 and examines the amount of this waste that would be recovered and recycled under existing targets. It concludes that the increased targets are necessary to ensure the UK meets its European obligations.
(DETR, August 2000)

Hazardous waste

The European Waste Catalogue (EWC) (Decision 94/3/EC) uses a six-digit code system loosely based on the source of the waste. The Hazardous Waste List (HWL) (Decision 94/490/EC) lists the wastes on the EWC considered to have hazardous constituents above certain thresholds. The Special Waste Regulations 1996 reproduce the HWL as Scheduled to Part I. In 1997, the European Commission began a review aimed at merging the two lists and it was decided that the amalgamated list would indicate those wastes which show hazardous properties by adding an asterisk to the six-digit code. The DETR is now seeking views on the amalgamated list, a process that is being repeated in all other Member States. Any proposed additions or removals from the list will be subject to a final vote at European level in December 2000.
(DETR, August 2000)

Contaminated land

The Environment Agency in conjunction with the National House Building Council has published "Guidance for the Safe Development of Housing on Land Affected by Contamination". The report aims to promote the adoption of good practice in the identification, investigation, assessment and remedial treatment of land affected by contamination. It provides guidance on the developing of housing on land which may have been contaminated and also applies to existing developments affected by contamination. It is aimed at house builders and developers, planning advisers, designers, financiers and insurers and comes in the face of a Government target of 60% of new homes in the UK to be built on brownfield sites. The Guidance sets out appropriate risk management techniques which meet regulatory requirements and provides step by step procedures for approaching the safe development of housing on contaminated land.
(EA, July 2000)

Waste electrical equipment

Information and comments from businesses, users, Local Authorities and other interested parties have been requested by the DTI on the proposed EC Directives on Waste Electrical and Electronic Equipment (WEEE) and on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment. The Government is looking at the likely impact of the EC proposals, put forward on 13 June in the UK in order that they are better prepared for European negotiations on the Directives. Specifically, the DTI are asking for comments on, amongst other areas: the objectives, definitions and scope of the proposed Directive; the recovery targets proposed; planned proposals for financing the collection, treatment, recovery and disposal of WEEE. Responses were requested by 6 October 2000.
(DTI, August 2000)

Radioactive waste

The Radioactive Waste Management Advisory Committee (RWMAC) has published its advice to the Government on the problems of "small users of radioactive materials". The advice focuses on users of radioactive materials outside the nuclear sector, for example users in hospitals, universities and non-nuclear industries. The Committee makes two major recommendations which it asks the Government and regulators to consider. The Committee is concerned that with the Government's drive for substantial reductions in radioactive waste discharges, the cost of small reductions may far outweigh the benefit. In areas where resources are scarce such as hospitals, the Committee suggests that this money could be better spent on providing improved forms of treatment. The Committee also recommends that the Government look into providing additional funds for the NHS and higher education sectors to enable effective management of radioactive waste.
(RWMAC, September 2000)

Radioactively contaminated land

Advice to the Government by the independent Radioactive Waste Management Advisory Committee on the Ministry of Defence's arrangements in dealing with radioactively contaminated land have been published. The essence of the advice is that the Ministry of Defence should take further steps to improve its internal arrangements and documentation to ensure remediation of radioactively contaminated land in every occurrence. It has come to light that MoD's land has previously been sold or transferred without radioactivity (in the form of naturally-occurring radium) first being removed from the ground representing a significant risk to health. The Committee also advises that the current planning system alone may not ensure that land to be redeveloped for new uses will be properly remediated. They also advise that the Government provides guidance to the MoD and other owners of radioactively contaminated land as to appropriate standards of remediation and guidance.
(RWMAC, August 2000)

European Union

Ship generated waste

The Conciliation Committee has reached agreement on the proposal for a Directive on port reception facilities for ship generated waste and cargo residue. It has been agreed that vessels must contribute to the costs of waste reception, irrespective of actual use of facilities. Member States will determine the fee by reference to ship size and type and will also include an amount proportional to the quantity of waste disposed of. The Directive should be adopted shortly.
(European Commission, August 2000)

PVC

The Green Paper evaluating the environmental issues relating to PVC has been published by the European Commission. Within the framework of sustainable development, the Paper proposes a number of options to address the impacts of PVC. The main issue is how to deal with PVC waste and the use of additives such as lead, cadmium and phthalates in PVC. The Green Paper is the first step towards the adoption of a Community strategy on PVC to be adopted in early 2001. The Paper gives a detailed analysis of the advantages and disadvantages of recycling PVC waste, incinerating or landfilling it. The Commission considers that the current rate of recycling of PVC waste of 3% is too low and should be increased. The Paper presents the problems linked with the incineration of PVC and discusses the stability of landfilled PVC. The Paper is scientifically based and is the result of a comprehensive study programme of the last 3 years of technical, scientific and economic aspects of the PVC life-cycle. It remains to be seen whether the Paper will result in new legislative measures being introduced such as a Proposal for a Directive on PVC, or whether a mix of instruments such as the adaptation or amendment of existing Directives and strengthened voluntary commitments will be introduced.
(European Commission News Release, 26 July 2000)

Packaging waste

The European Commission is considering tailoring national packaging recycling targets to suit conditions in each individual Member State. The EU Directive on packaging and packaging waste (96/62/EC) may be revised with different national recycling and recovery targets, should the results of a study show this to be a favourable option. National emissions ceilings on 4 key air pollutants already differ between Member States under a draft EU Directive and the United Nations Economic Commission for Europe Gothenburg Protocol, with the idea being to set ceilings at levels which each country can and needs to achieve. By allowing different packaging targets between Member States, the more advanced recycling and recovery programmes would not need to be hindered by Member States that are less advanced.
(European Commission, September 2000)