Memorandum submitted by the Environment
Agency
CHANGES IN HAZARDOUS WASTE MANAGEMENT
SUMMARY
The UK faces a step change in moving from a
landfill-based to a treatment-based system of hazardous waste
management. The transition will happen over the next five years
or so but the most significant changes will occur with the end
of landfill co-disposal of hazardous and non hazardous waste from
16 July 2004.
This will have a significant impact on the management
of those hazardous wastes that have traditionally been sent to
landfill. Currently, 2 million tonnes of hazardous waste is disposed
of by this route. After 16 July 2004 only about 1 million tonnes
of hazardous waste landfill capacity will initially be available
and alternative treatment and waste reduction-avoidance techniques
will need to be employed.
The rigorous standards prescribed by the Landfill
Directive are welcomed by the Agency as they are aimed at reducing
our reliance on landfill and ensuring that waste that does go
to landfill is treated.
One of the requirements of the Landfill Directive
is that landfill owners have had to decide whether their co-disposal
site should operate as either a dedicated hazardous waste site,
or take just non-hazardous waste. These decisions have been made
based on market economics. The waste industry in the UK is privately
owned, and market led. Many of the major waste companies have
so far elected not to invest in hazardous waste landfill at this
stage following the end of co-disposal, though most are planning
to open separate cells for stable non-reactive hazardous waste
at some of their non-hazardous landfills.
Capacity is currently available and will increase,
and there are no waste streams without a practical disposal or
alternative option. The Agency is closely monitoring key waste
streams and maintaining contact with business and trade associations
to keep this situation under review. It is right to recognise
that with the reduction in capacity vigilance is needed to identify
any problem areas. The Agency is also in regular contact with
Defra on this.
Up until now, many co-disposal sites (between
150-200) have each been able to accept small amounts of hazardous
waste, mixed with municipal waste to attenuate the effects of
the hazardous waste (though in fact the number of sites taking
significant amounts of hazardous waste was relatively small).
In future, hazardous waste will go to fewer overall sites, each
taking more hazardous waste than before.
Improved environmental standards and more limited
disposal capacity will mean increased costs of hazardous waste
management. It will become a business imperative to explore mechanisms
to reduce hazardous waste arisings.
The increase in costs brought about by these
changes will help to encourage waste producers to minimise the
hazardous waste they generate, with consequent benefits for the
environment and resources management
One of the Agency's concerns is that the rise
in costs also raises the prospect of an increase in illegal activity,
such as flytipping and mis-description of hazardous waste as non-hazardous.
There is also the potential for different regional impacts on
certain waste streams, for example contaminated soils.
The Agency has actively contributed to the Hazardous
Waste Forum and meets weekly with Defra, DTI and Envirowise, to
make sure the waste industry, waste carriers and waste producers
are provided with clear messages, and that we are keeping a close
watch on likely landfill capacity and arisings.
We recognise that clarity of regulations and
their enforcement is important for investment confidence. We have
produced many technical guidance documents to provide the necessary
clarity (and have widely distributed the attached statement on
our enforcement priorities).
We have issued a report: "Hazardous waste—a
growing challenge" and undertaken considerable media promotion
activity to raise general awareness of the changes and the opportunities
they present.
This briefing further sets out:
— Background to the issue
— The current position on landfill
capacity
— Impacts on contaminated land management
— Impacts on other waste streams
— Work we have done in raising awareness
of business
— Sources of further information
Background
The EU Landfill Directive is driving a much-needed
reduction in the volume of waste we produce. This will put pressure
on us all to be more resource-conscious, reduce waste, and divert
more "end of life" products and materials into recycling
and forcing hazardous wastes away from cheap landfill into more
sustainable and safer forms of treatment and disposal.
The next stage in implementing the Directive
bans the co-disposal of hazardous and non-hazardous waste from
16 July 2004 and requires hazardous waste to be treated before
landfilling. Landfill site operators have to decide whether to
operate a hazardous or non-hazardous-inert waste landfill and
apply for the appropriate permit from us.
This will mean that the number of landfills
available for hazardous waste will reduce from over 200 sites
at present to 10-15 merchant sites, with none currently planned
for some regions such as London and Wales—see Annex A. (Merchant
sites are those which accept waste from other producers and contractors,
on a commercial basis for a fee, as opposed to landfills operated
by companies for their own in-house use).
In addition, stable and non-reactive hazardous
waste (eg asbestos) can be disposed of in a separate cell in a
non-hazardous landfill. Five permits have already been issued
and the Agency is currently assessing permit applications for
the construction of a further 32 separate cells.
We have an important role in enforcing the new
regulations and our priorities will be given to activities involving
hazardous waste that have the potential to cause pollution of
the environment or harm to human health.
We are committed to cracking down hard on illegal
dumping and we expect the courts to do the same, particularly
where hazardous waste is involved. We have recently published
our enforcement approach to this important issue (see Annex B).
The bottom line is to ensure that the environment
and public health are protected and business remains compliant
with the law.
Landfill capacity
We have given priority to permitting sites that
can accept hazardous waste. We have also taken steps to ensure
our technical teams have additional resources to ensure permits
are delivered in accordance with statutory requirements.
We have held meetings with a number of site
operators to facilitate the permitting process while ensuring
proper environmental standards.
The current number of landfills permitted, or
expected to be permitted to take hazardous wastes is shown in
Annex A. This does not include the 37 permit applications for
separate cells.
Contaminated land and the definition of waste
The changes brought about by the Landfill Directive
will reduce the reliance on landfill for the disposal of contaminated
soils, and encourage a more sustainable approach to the management
of affected sites.
Fully characterising and defining the nature
and volume of contaminated materials on a site will help reduce
the amount of contaminated soil requiring disposal to landfill
by encouraging more effective segregation of the contaminated
fraction. In addition, the requirement for pre-treatment of material
going to landfill will drive the development and use of remediation
techniques to reduce the quantity of hazardous soils for disposal.
These remediation techniques can also treat soils so they can
be reused on site or disposed of to a non-hazardous waste landfill.
The Agency is actively engaging with industry
sectors on how waste legislation affects them.
For example:
— The Agency has worked with the construction
and demolition sector, WRAP, the Highways Agency and Defra to
produce "The Quality Protocol for the Production of Aggregates
from Inert Waste2. This was launched on 28 June 2004 and provides
guidance to both industry and Agency staff on when aggregates
made from inert waste have been fully recovered and can be used
in exactly the same way as virgin product. This addresses the
perceived stigma of using aggregates that are made from waste
and lessens the regulatory burden on the industry while providing
protection of the environment.
— The Agency is currently producing
a "Framework for the Classification of Contaminated Soils
as Hazardous Waste", a step by step guide on the classification
and disposal of hazardous materials, to support those organisations
who produce or manage this type of waste.
— We have met with the contaminated
land sector, Defra, the Cabinet Office and ODPM to discuss these
issue and the perceived barriers to brownfield development.
Defra are currently working on a re-draft of
Circular 11-94 that provides guidance on the interpretation of
the definition of waste and we look forward to contributing to
this work.
Other waste streams
The Agency has identified key hazardous waste
streams that may be affected by the co-disposal ban. An assessment
of the current likely issues for these waste streams is produced
in Annex C.
Raising awareness
The Agency has been actively raising the implications
of the Landfill Directive and other directives on the management
of hazardous waste for over two years. Evidence submitted to the
EFRA Select Committee Inquiry on Hazardous Waste in 2002, and
subsequently at the Hazardous Waste Forum, consistently set out
the Agency's position on the changes needed to manage the transition.
Our staff have attended numerous conferences
to raise awareness of the changes and encourage legislative compliance.
We have issued many press releases and published the report—"Hazardous
waste a Growing Challenge". This report is attached.
- 5 point Plan for Business
We have written to the main hazardous waste
producers, trade associations, local authorities, waste carriers
and operators to advise them of the changes. We are recommending
the following plan to businesses:
— Check whether your waste is hazardous
using Environment Agency guidelines at www.environment-agency.gov.uk-wm2
— Know where your hazardous waste is
going—you have a legal obligation to make sure it is dealt
with properly.
— Explore options to reduce the amount
of hazardous waste you produce—it could save you some money.
— Budget for rising costs for the treatment
and disposal of hazardous waste.
— Keep up to date with legislative
changes, more changes expected on hazardous waste in the near
future.
Further information
Further sources of information include:
Environment Agency website—www.environment-agency.gov.uk
Defra website—www.defra.gov.uk
Both the above sites contain responses to frequently
asked questions.
Envirowise website www.envirowise.co.uk—advice
on practical ways to minimise waste and environmental impact for
business Netregs www.netregs.co.uk —information on environmental
regulation
Annex A
Number of landfills accepting hazardous
waste, current and predicted
HAZARDOUS WASTE LANDFILL SITES BY GOVERNMENT
REGION
| Post-16
July 2004 |
of which are
merchant* |
| East Midlands | 1 | 0
|
| Eastern | 1 | 1
|
| London | 0 | 0
|
| North East | 4 | 2
|
| North West | 7 | 2
|
| South East | 1 | 1
|
| South West | 3 | 3
|
| Wales | 0 | 0
|
| West Midlands | 3 | 1
|
| Yorkshire & the Humber | 2
| 1 |
| Total | 22 | 11
|
*accepting waste commercially, as opposed to in-house landfill
sites that only take the (usually industrial) waste generated
on the premises.
The current situation with permitted landfill capacity (8 July
2004) is as follows. This is subject to change as applications
are received and considered.
—Merchant hazardous waste landfill sites:
5 have been permitted*
10 are in progress (6 of these are likely to be permitted by July)
—In-house hazardous waste landfill sites
2 have been permitted
8 are in progress
—Non-hazardous landfill applications—with cells
for stable non-reactive hazardous waste.
6 have been permitted
31 are in progress
*Those sites that do not receive their permit by 16 July 2004
will be able to accept hazardous wastes after this date in accordance
with their existing Waste Management Licence. They will not, however,
be able to continue taking both non-hazardous and hazardous wastes.
Annex B
ENFORCEMENT POSITION
Management of hazardous waste following the ban on co-disposal
of hazardous and non-hazardous wastes at landfills
INTRODUCTION
This note sets out the Environment Agency's understanding of the
key legal requirements relating to the management of hazardous
waste (including special waste) following the ban on co-disposal
of hazardous waste and non hazardous waste from July 2004. It
also sets out the Agency's priorities in relation to enforcement
of the requirements applying to hazardous wastes. Any action taken
by the Agency will be in line with its published Enforcement and
Prosecution Policy and this statement of priorities should be
read in conjunction with that Policy.
This note applies in England and Wales. Different regulations
apply in Scotland.
BAN ON
CO -DISPOSAL
The ban on co-disposal of hazardous and non-hazardous wastes at
landfills comes into force on 16 July 2004.
This means:
—sites classified as landfills for hazardous waste will
only be able to accept hazardous waste[1]and
—sites not classified as landfills for hazardous wastes
will only be able to accept non-hazardous wastes or stable, non-reactive
hazardous waste deposited in separate cells[2]
Failure to comply with the ban is an offence under the Landfill
(England and Wales) Regulations 2002 as amended (the Regulations)
and carries a maximum sentence of an unlimited fine and up to
five years imprisonment.
Hazardous waste will have to be treated prior to landfill disposal.
That treatment must:
—be a physical-thermal-chemical or biological process
including sorting;
—change the characteristics of the waste; and
—reduce its hazardous nature, or
—facilitate its handling, or
In addition, landfill operators must ensure they comply with the
relevant Waste Acceptance Criteria (WAC). These criteria define
the standards for those types of waste that can be accepted at
different categories of landfills.
WHAT IS
HAZARDOUS WASTE?
Hazardous wastes under the Regulations means wastes identified
as hazardous on the European Waste Catalogue[3]
(EWC). Hazardous wastes in that catalogue will have a six digit
code followed by an asterisk (*). Further advice is contained
in the Agency's technical guidance document, WM2[4]
Many hazardous wastes are already subject to the Special Waste
Regulations 1996, which impose additional controls on those wastes.
All special wastes (including prescription only medicines) should
be treated as hazardous waste.
Hazardous wastes identified in the EWC include more wastes than
those covered by the Special Waste Regulations 1996. Those hazardous
wastes that are not yet subject to the Special Waste Regulations
are known as "newly hazardous wastes". "Newly hazardous
wastes" are still subject to the Regulations.
The Government proposes to replace the Special Waste Regulations
1996 with new regulations (the Hazardous Waste Regulations) that
will apply to all hazardous wastes. We understand that these new
regulations will apply by July 2005 at the latest.
The disposal of hazardous liquid waste to landfill has been banned
since July 2002.
Municipal waste (unless the waste is separately collected hazardous
waste) should be treated as non-hazardous waste and may be accepted
at a non-hazardous landfill.
WHO WILL
THE BAN
AFFECT?
The ban will affect not only the operators of landfill sites but
also their customers and producers of hazardous wastes.
Any person that deals with waste is under a Duty of Care[5]to
take reasonable steps to ensure that:
—waste is taken only to appropriately authorised facilities;
—waste is prevented from escaping from their control;
and
—when the waste is transferred, it is transferred to
an authorised person and a written description of the waste is
given to that person.
A special waste consignment note will contain such a description
and such wastes are easily identified as hazardous wastes.
For waste that is not special waste, a transfer note is needed.
That note must include the EWC code of the waste. Where "newly
hazardous waste" is transferred there must be a transfer
note that includes the appropriate six digit code followed by
an asterisk (*). The presence of an asterisk (*) with the code
will identify the waste as hazardous waste to anyone receiving
the waste.
Every person dealing with waste has an obligation to comply with
the law. Advice can be obtained from the NetRegs website[6]and
the Envirowise Environment and Energy Helpline on 0800 585794;
independent legal advice should be sought where necessary.
HOW WILL
THE AGENCY
ENFORCE THE
BAN?
The Agency recognises that the ban on co-disposal is a significant
step change in the operation of landfill sites. It recognises
that classification of waste as hazardous will be easier once
all hazardous waste is covered by the proposed Hazardous Waste
Regulations and this will facilitate compliance with the ban on
co-disposal. It also recognises that regulations setting out full
Waste Acceptance Criteria are intended to come into force in July
2005. At that time operators will have all the information they
need to decide the standards to which waste needs to be treated
before it can be accepted at a site.
Any enforcement action that the Agency takes will be in line with
its published Enforcement and Prosecution Policy[7]
Until July 2005 the Agency's priorities for targeting enforcement
action in relation to the landfilling of hazardous waste (including
newly hazardous waste) are:
—Priority will be given to activities involving hazardous
waste that have the potential to cause pollution of the environment
or harm to human health
—Action will normally be taken where:
(a)hazardous waste is disposed of at unlicensed sites;
(b)hazardous waste is mis-described as non hazardous waste
or deliberately mixed with non hazardous waste in an attempt to
reclassify it as non-hazardous;
(c)hazardous liquid waste is accepted for disposal at a landfill;
and
(d)special waste is accepted for disposal at an inappropriately
authorised site.
The Agency will keep this approach under review and may publish
amendments in the light of operational experience. The Agency
expects compliance with the law relating to hazardous waste to
improve over the next 12 months as awareness amongst producers
and persons dealing with waste increases.
1
There are additional requirements under the regulations.
The quantity or leachability of the waste must not cause a short
term occupational or environmental risk or prevent the stabilisation
of the landfill. Back
2
Separate cells means cells not used or intended to be used
for the disposal of biodegradable non-hazardous waste. In addition
the hazardous waste which is to be placed in those cells must
satisfy leaching and acceptance criteria under the Regulations. Back
3
Commission Decision 2000-532-EC as amended by Commission
Decisions 2001-118-EC and 2001-119-EC and Council Decision 2001-573-EC Back
4
http:--www.environment-agency.gov.uk-business-444217-590750-590821-502174-496498-?version=1&lang=-e Back
5
Section 34 Environmental Protection Act 1990. Back
6
http:--www.netregs.gov.uk Back
7
http:--www.environment-agency.gov.uk-business-444217-444661-112913
Annex C
Assessment of hazardous waste streams currently being kept under
review
Organic and Inorganic Chemicals Most chemical
industry representatives assess that there will be continuing
supply of an adequate (if more costly) mix of treatment and in-house
and merchant disposal facilities.
Construction and Demolition-Contaminated soil-This
waste stream is vulnerable to tighter control as landfill, its
traditional disposal route, is restricted. Information suggests
that developers have been anticipating the co-disposal ban by
disposing of much in advance of July 16th. This breathing space
should mean that developers can use the opportunity to adapt to
the changed circumstances. This needs to be monitored routinely.
Oily wastes Not an immediate issue as most is burned
in a variety of different waste oil burners to recover energy.
We expect the Waste Incineration Directive (coming into effect
by December 2005) to close many of the smaller burners that cannot
meet WID standards. There may then be a glut of cheap waste oil
on the market chasing a few outlets such as cement kilns.
Air pollution control residues This is a problematic
area as the waste stream has traditionally been sent to landfill.
Many types will be classed as hazardous waste and having difficulty
meeting the full Waste Acceptance Criteria for landfill. Treatment
capacity will be needed. Only a few sites In England and Wales
are being authorised to accept this waste.
Asbestos-Another hazardous waste stream for which
landfill was its traditional disposal route. Even with a four
fold increase in landfill cost pushing asbestos disposal to over
£100-tonne it is unlikely that other technologies (such as
vitrification -molten glass) will compete. Landfill will remain
the route of choice for the foreseeable future. Arisings are widespread
and cement bonded asbestos from local DIY and small building works
is likely to become more costly to dispose of. A number of landfills
are gearing up to take this waste and an increasing number of
applications for cells for stable non-reactive wastes taking asbestos
has been received by the Agency.
July 2004
Back
| 
