Waste Industry Update January 2010
Scrap yard or by-product?
SEPA has issued a Position Statement in relation to clean scrap metal offcuts, which sets out the circumstances in which clean scrap metal offcuts from metal manufacturing processes will achieve ‘by-product’ status, rather than be treated as a waste.
The Position Statement follows the European Commission’s guidance on waste and by-products, which contains information on the definition of waste in terms of the Waste Framework Directive and the conditions which distinguish a waste from a ‘by-product.’ The Commission guidance aims to set out specific factual circumstances which should be taken into account in order to assess whether a material can be considered and treated as a ‘by-product’ in a production process context.
In accordance with the considerations proposed by the Commission, SEPA has decided that the following conditions should apply to clean scrap metal in order to determine whether such materials can be considered a ‘by-product’:
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The material must have certainty of reuse, i.e. it must be fit for purpose and there must be a genuine existing market for the clean off-cuts.
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The clean scrap metal offcuts must be reused directly and no additional recovery or treatment operations should be necessary, apart from sizing or compacting. The guidance does not rule out those processes which form an integral part of the production process, however, to the extent that they do not prevent the material from being considered a by-product.
Contaminated scrap metal offcuts by e.g. lubrication or paint contamination (or coated with a non-metallic coating) which do not meet the criteria, will remain classed as waste and will be subject to the appropriate regulatory controls until the recycling or recovery operation is completed.
SEPA’s regulatory position statement and the Commission’s guidance on waste and by-products may be accessed through the following links:
http://www.sepa.org.uk/waste/waste_regulation/guidance_and_position_statemen.aspx
http://eur-lex.europa.eu/LexUriServ/site/en/com/2007/com2007_0059en01.pdf
Excavated waste escapes
The Environment Agency (EA) has issued a regulatory position statement regarding the regulation of the deposit of unpolluted soil, and of waste arising from prospecting for mineral resources and from peat workings. In its statement, the EA explains that an environmental permit will not be required for the deposit of such waste, provided that certain requirements under the Mining Waste Directive (MWD) are met.
While waste from prospecting, extraction, treatment and storage of mineral resources and the working of quarries previously fell out with the scope of the Waste Framework Directive, these operations are now covered by the MWD, implemented in England and Wales by way of an amendment to the Environmental Permitting (England & Wales) Regulations (EPR) 2007.
Under the EPR, the requirements of the MWD (the main one being the requirement for a permit) do not apply to the deposit of unpolluted soil, non-hazardous waste generated from the prospecting of mineral resources and waste resulting from the extraction, treatment and storage of peat, as long as the EA is satisfied that the requirements of Article 4 of the MWD are met. The key objectives of Article 4 are to ensure that extractive waste is managed without endangering human health or causing harm to the environment.
In addition to the requirement to comply with Article 4 of the MWD, the EA require that the deposit of the particular extractive materials only occurs in or on land where the excavation took place, and that the EA are notified of operations in advance. Where all of the above conditions are met, the EA will allow the deposit of these materials without insisting that there is an environmental permit in place. However, enforcement action can still be taken where the activity has caused, or is likely to cause, harm to human health or the environment.
The Regulatory Position Statement can be viewed via the following link:
http://www.environment-agency.gov.uk/static/documents/Business/MWRP_RPS_042_v2_final_(20nov09).pdf
Wise-up on WEEE
The Department for Business Innovation and Skills (BIS) has issued guidance on the Waste Electrical and Electronic Equipment Regulations (WEEE) Regulations 2006. The Regulations implement the main provisions of the WEEE Directive, ensuring that producers of electrical and electronic equipment (EEE) take the financial responsibility for the environmental impact of products which they place on the market, especially when those products become waste.
The Government Guidance Notes, which apply to all businesses and individuals involved in the sale, purchase and disposal of EEE from 1st January 2010, set out the key requirements of the WEEE Regulations and how these will impact on those sectors who clearly fall within their scope. The guidance identifies the main sectors to be affected by WEEE and lists their obligations under the Regulations. These include:
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Producers of EEE, who must join a Producer Compliance Scheme (PCS) to discharge their obligations e.g. registering as a producer.
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Distributors, whose main obligation is to provide a take-back service to householders enabling them to return their WEEE free of charge (The Distributor Take Back Scheme, DTS).
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Approved Authorised Treatment Facilities (AATFs) or Approved Exporter (AE), who can issue evidence that WEEE has been received and who must adhere to the WEEE Treatment Guidance on receipt of the waste.
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Businesses supplying non-household EEE and Users of non-household EEE, who have specific obligations under WEEE. The guidance provides criteria to help differentiate non-household EEE from private household EEE.
Elsewhere, there is guidance for consumers who, while having no specific obligations under the Regulations, are encouraged to participate in the separate collection and recycling of WEEE when it is discarded as waste. Local Authorities are also advised that the Regulations carry implications for them in cases of receiving household WEEE at local collection sites.
In addition, the guidance sets out clearly defined categories of EEE to help those with obligations under WEEE to identify a wide range of affected equipment, from household appliances to automatic dispensing machines.
The Government guidance notes on the WEEE regulations 2006 can be accessed via the following link:
http://www.berr.gov.uk/files/file54145.pdf
EA focus on SME’s to secure compliance
The Environment Agency has issued a number of versions of a management toolkit for small businesses dealing with End-of-Life Vehicles (ELVs), operating metal recycling sites and also a version for general waste sector sites. The toolkits are all aimed at helping those businesses identify and manage typical impacts on the environment (primarily air emissions, land contamination, noise and odour pollution, energy usage, waste disposal and water discharges) which arise from their operations.
The toolkits have been designed to make it easy for businesses to regulate their environmental impacts, and assist them in demonstrating that they have control over potentially harmful activities with an environmental management system in place on the site. In return, businesses should avoid enforcement action as they will be less likely to be in breach of their permit or cause pollution. They would also avoid having to pay higher charges for non-compliance. Although not aimed at meeting the requirements of an environmental management system (EMS), the toolkit can be of assistance in securing compliance with such a system.
The toolkit consists of templates for resourceful management of site operations which can lead to a range of environmental impacts. Businesses will be able to amend the template versions from the toolkit if required and make them specific to their own site activity. In practice, they will be able to track progress of the efficiency of their site by completing the templates provided by the toolkit.
The key components of the toolkit are:
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An Environmental Impacts Plan and Controls - this involves identifying the relevant legislation which applies to the site activity and listing the process/activity/equipment which are used on that site, together with an indication of the environmental impact involved. Further information is required for each process/activity/equipment with at least a medium to high environmental impact, of the emissions to air and water; energy usage; waste disposal, resource consumption; land contamination and general waste management.
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Accident/Pollution Incident Management Plan - businesses are required to insert:
1) a site plan showing items such as drainage, pollution control points and storage of hazardous materials;
2) a list of key site and emergency contacts; and
3) a list of substances and storage facilities on site that could be harmful to the environment if they escape.
In addition, businesses are provided with a list of potential hazards on their site, aimed to help them prevent accidents or incidents and how to act in their event.
The general version of the management toolkit for general sector sites may be viewed via the following link:
http://www.environment-agency.gov.uk/static/documents/Business/Management_toolkit_for_businesses__-_general_sector_011209_Final_Version_1.2.pdf
Warning about WEEE
Following a hearing on January 4 at the Norwich Magistrates Court, SITA Metals Recycling became the first company to be prosecuted by the Environment Agency for breaching the Waste Electrical and Electronic Equipment (WEEE) Regulations 2006, which aim to ensure that WEEE is recycled, recovered or disposed of in the correct manner. They were fined £4,000 and ordered to pay full costs of £4,456.
SITA was charged with two sets of offences for breaching the requirements of the WEEE Regulations:
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During a period between mid-2007 and late 2008, SITA were found to have breached the requirement that waste should subsequently be sent to an Approved Exporter (AE), as they had issued evidence for the treatment of WEEE that was then exported by a non-approved exporter. The company had exported 1,967 tonnes of WEEE during this period. This was held to be contrary to Regulations 49(1) and 73(7)(a) of the WEEE Regulations, for which a fine of £1000 was imposed.
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In 2008 SITA logged evidence for 3 consecutive months for the treatment of WEEE which was received before it was approved to do so. The company had not yet been approved as an Approved Authorised Treatment Facility (AATF). The issue of each evidence note was held to be contrary to Regulation 46(1) and 73(8)(a) of the WEEE Regulations, with a fine of £1000 being imposed for each individual incident.
By way of mitigation, the Court was advised that the errors made by the company had occurred during a period of management change and were not an indication of the company having acted in the interests of commercial gain. It was also observed that no direct environmental impacts had been caused by the breaches.
The details of the prosecution can be viewed via the following link:
http://www.environment-agency.gov.uk/news/114742.aspx
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