Waste
These regulations aim to reduce the volume and environmental impact of different types of waste (including household, hazardous, construction, mining and quarrying waste). In some cases they make businesses financially responsible for collecting, treating and recycling the products they produce when they reach the end of life, and contribute towards the green economy.
They include provisions on packaging waste; site waste management plans; commercial and industrial waste; construction and demolition; waste shipments; hazardous waste control and tracking; flytipping; landfill limits; batteries; electrical and electronic equipment; and waste disposal.
You can find all 40 regulations that relate to waste below to the left.
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The Waste and Air Pollution (Miscellaneous Amendments) Regulations 2007 This instrument makes minor amendments to the Hazardous Waste (England and Wales) Regulations 2005 (S.I 2005/894) “the HWRs”) in order to correct drafting errors in those Regulations.
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Producer Responsibility Obligations (Packaging Waste) Regulations 2007 To achieve requirements of EU Directive 94/62/EC (as amended) by setting packaging recycling targets on larger UK businesses.
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Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 Transpose Directive 2006/21/EC on the management of waste from extractive industries and amending Directive 2004/35/EC in respect of the requirements in Article 6 of the Mining Waste Directive concerning the preparation of an off-site (external) emergency plan, which must specify the measures to be taken off-site in the event of an accident
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The Site Waste Management Plans Regulations 2008 Require any person intending to carry out a construction project with an estimated cost greater than £300,000 to prepare a site waste management plan.
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The Waste (England and Wales) Regulations 2011 To transpose the requirements of the revised EU waste framework directive (2008/98/EC).
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Transfrontier Shipment of Waste Regulations 2007 (as amended) Set out rules to control the movement of waste into, out of, or through the UK. They also set out offences and penalties for non-compliance and appoint the competent authorities for shipments of waste.
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The Hazardous Waste (England and Wales) Regulations 2005 Set out the regime for the control and tracking of the movement of hazardous waste for the purpose of implementing the Hazardous Waste Directive (Directive 91/689/EC). Implement the Hazardous Waste elements of the Revised Waste Framework Directive.
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Sludge (Use in Agriculture) Regulations 1989 To implement the requirements of Directive 86/278/EEC
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Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 Sets out provisions for seizure and retention and return/disposal of any vehicles seized in relation to suspected flytipping offences (i.e. offences under section 33 of the Environmental Protection Act 1990 (using powers in section 6 of the Control of Pollution (Amendment) Act 1989)).
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Controlled Waste Regulations 1992 Categorises controlled wastes as household, commercial or industrial.
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List of Wastes (England) Regulations 2005 These Regulations transpose the European list of wastes into domestic legislation, so that for statistical and reporting purposes the correct waste codes can be used. These codes are also used for the purposes of waste classification under other waste legislation. The regulations implement Commission Decision 2000/532/EC.
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Joint Municipal Waste Management Strategies (Disapplication of Duties) (England) Regulations 2007 The Waste and
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Landfill (Scheme Year and Maximum Landfill Amount) Regulations 2004 These Regulations specify the maximum amount by weight of biodegradable municipal waste that is allowed to be sent to landfill, for the UK (and England, Scotland, Wales and Northern Ireland separately) consistent with UK obligations under Article 5(2) of the Landfill Directive. The original (2004) Regulations are being replaced with new Regulations to reflect a new interpretation of municipal waste as agreed with the European Commission.
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Landfill Allowances and Trading Scheme (England) Regulations 2004 The Regulations provide the detail for the operation of the Landfill Allowances Trading Scheme (LATS) in England, a cap and trade scheme to reduce the amount of waste landfilled by waste disposal authorities.
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Waste (Household Duty of Care) England and Wales Regulations 2005 Places a duty on occupiers of domestic property to transfer household waste produced on the property only to those authorised to take it e.g. a waste collection authority (council) or registered waste carrier. (Amends section 34 of the Environmental Protection Act 1990 (i.e. the Duty of Care as respects waste) and implements Article 15 of the revised Waste Framework Directive (2008/98/EC)).
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Waste Management (England and Wales) Regulations 2006 This regulation amends various other regulations. It includes amendments to the EPA in relation to unauthorised waste disposal (prohibits disposal of household waste within the curtilage of a domestic property if it’s likely to pollute the environment or harm human health), Environment Act in respect of charging for env licenses, 1991 carriers seizure regs (amendment omitted by the Waste (England and Wales) Regulations 2011), Controlled Waste Regs, Waste Management Licensing Regs 1994 (now revoked for England and Wales by the Waste (England and Wales) Regs 2011), Groundwater Regs 1998, Landfill Regs, & Hazardous Waste Regs 2005.
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The Sludge (Use in Agriculture) (Amendment) Regulations 1990 Amended the Sludge (Use in Agriculture) Regulations 1989 major amendments included definitions of the occupier of a dedicated site, concentration of substances listed, and bar against sale or offer of crops for human consumption grown on land where actual concentration exceeds permitted concentration, and clarified use of sludge on agricultural land.
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Joint Waste Authorities (Proposals ) Regulations 2009 Sets out the information that local authorities which wish to make a Joint Waste Authority proposal have to submit
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The Waste Batteries and Accumlators Regulations 2009 Regulations to transpose Directive 2006/66/EC, putting in place requirements for battery producers to contribute towards the establishment of schemes that increase the collection and recycling of waste batteries.
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Producer Responsibility Obligations (Packaging Waste) (Amendment No 2) Regulations Amends 2007/871 by revising the requirements for accrediting an exporter of packaging waste, giving the Environment Agency more discretion as to what constitutes sound evidence of reprocessing
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Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010 Introduces targets into SI 2007/871 for 2011 and 2012. Makes a number of technical changes to reduce admin burdens and improve efficiency. Makes changes to the above in order to improve transparency of funding flows.
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The End-of-Life Vehicles Regulations 2003 Regulations to implement certain aspects of Directive 2000/53/EC on the design of cars/light goods vehicles and their collection, treatment and recycling when they become waste.
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The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 Regulations to implement remaining aspects of Directive 2000/53/EC on the collection, treatment and recycling of cars/light goods vehicles when they become waste.
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The End-of-Life Vehicles (Amendment) Regulations 2010 Regulations that amend certain aspects of the ELV Regulations 2003 relating to the design of new cars and light goods vehicles.
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The End-of-Life Vehicles (Producer Responsibility) (Amendment) Regulations 2010 Regulations that amend certain aspects of the ELV Regulations 2005 relating to the collection and treatment of waste cars and light goods vehicles.
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The Waste Electrical and Electronic Equipment (Amendment) Regulations 2010 Changes some technical definitions in the Waste Electrical and Electronic Equipment Regulations 2006 relating to dangerous substances.
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The Waste Electrical and Electronic Equipment (Amendment) (No.2) Regulations 2009 Amends reporting requirements placed on producers as defined by the Waste Electrical and Electronic Equipment Regulations 2006.
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The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 Simplifies the approval system for Producer Compliance Schemes and simplifies data reporting requirements in the Waste Electrical and Electronic Equipement Regulations 2006.
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The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 Amends the Waste Electrical and Electronic Equipment Regulations 2006 to encourage the prioritisation of reuse of whole electrical appliances in preference to recycling the materials from them.
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The Waste Electrical and Electronic Equipment Regulations 2006 Implements the provisions of the WEEE Directive 2002/96/EC. Its broad aim is to address the environmental impacts of electrical and electronic equipment at end of life and requires producers to take financial responsibility for the products they place on the market when they become waste.
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Joint Waste Disposal Authorities (Levies) (England) Regulations 2006 This enables Joint Waste Dispoal Authorities (JWDAs) to manage waste more sustainably in partnership with their Waste Collection Authorities (WCAs) by introducing a link between the WCAs payments and the tonnage of waste they deliver to their JWDA for disposal. This was intended to encourage WCAs to work together more closely with their JWDA to increase recycling and reduce waste. The legislation introduced a tonnage-based default levy from 1 April 2006 (including transition arrangement for a number of JWDAs and their councils).
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Joint Waste Disposal (Recycling Payments) (Disapplication) England Order 2006 Joint Waste Disposal Authorities no longer have to pay recycling credits to Waste Collection Authorities for the waste they collect and recycle in Waste Disposal Authorities area. It joined up with the JWDA (Levies)(England) Order 2006, which ensured a link between the WCA payments and the tonnage of waste they delivered to JWDA for disposal.
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Hazardous Waste (England and Wales) (Amendment) Regulations Regulations to amend Regulation 2005 No.894. (The Hazardous Waste Regulations) in order to reduce burdens.
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The Lists of Wastes (England) (Amendment) Regulations 2005 Regulations to amend errors in amended errors in SI 2005/895 (The Lists of Waste Regulations)
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Transfrontier Shipment of Waste (Amendment) Regulations 2008 SI 2008 9 amended SI 2007 No.1711 to create an offence for failure to comply with the requirements of the new EC Regulation No 1418/2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation 1013/2006”.
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The Waste Regulation and Disposal (Authorities) Order 1985 Set up (i) 7 authorities to take over waste regulation functions, establishing a WR Authority for London, and, (ii) in certain areas, to take over the waste disposal functions for certain abolished large councils, from 1st April 1986.
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The Collection and Disposal of Waste Regulations 1988 Make provision for various matters concerning the collection and disposal of controlled waste under Part I of the Control of Pollution Act 1974
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The Waste Management (Miscellaneous Provisions) Regulations 1997 Designates relevant offences for the purpose of the “fit and proper person” test in section 74(3)(a) of the Environmental Protection Act 1990, a provision that has been repealed in England and Wales.
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The Environmental Protection (Waste Recycling Payments) Regulations 2006 Sets out the requirements by which waste disposal authorities have a duty to make payments to waste collection authorities for increasing recycling within their area, and waste collection authorities have a power to make payments to third parties for increasing recycling in their area.
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The London Waste and Recycling Board Order 2008 Sets out the membership and constitution of the London Waste and Recycling Board under the Greater London Authority Act 1999 – number of members, how they are chosen, their tenure, board procedural matters and requirements for reporting, public access to meetings and documentation.
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Tell us what you think should happen to these regulations and why, being specific where possible:
- Should we scrap them altogether?
- Could their purpose be achieved in a non-regulatory way (eg through a voluntary code?) How?
- Could they be reformed, simplified or merged? How?
- Can we reduce their bureaucracy through better implementation? How?
- Can we make their enforcement less burdensome? How?
- Should they be left as they are?
For example, Defra recently removed requirements for accredited reprocessors of packaging waste to produce an Independent Audit report for the purposes of the Producer Responsibility Obligations (Packaging Waste) Regulations. This saved reprocessors around £300,000 per year in costs. Are there similar simplifications or amendments that could be made to other regulations in this category?
Since there are many relevant and detailed comments in this forum, i will take a top-down point of view. To my mind the key issues are:
1) The subject of waste management is a young in legislative terms – there is plently of scope for development.
2) UK legislation is currently far too complex and the individual elements do not dovetail. Until this is rationalised, best practice will continue to be the only realistic way to ensure compliance – this favours the largest organisations.
3) Currently, there is a binary legislative model which stresses full compliance or complete exemption. For example hazardous waste is treated very differently in corporate and domestic settings. To my mind, there needs to be an intermediate category, which supports SMEs, and is supported by local authorities (or some other body with national reach).
4) The Environment Agency is primarily interested only in enforcement of legislation (as opposed to the practicalities fo implementation). Their enforcement model is therefore skewed against SMEs.
5) The UK legal system is incompatible with the sustainability agenda because we are all innocent unless proven guilty. Duty of care legislation addresses this but must be positively promoted, as much in schools as in boardrooms.Comment Tags: environment agency, Law, Legislation, SME, Waste, weee