The following tables sets out the relevant key
correspondence and meetings with Ministers, officials and the
Environment Agency dating back to the agreement of the Landfill
Directive on 16 April 1999.
| Date |
| |
| 16 April 1999 | Landfill Directive agreed
| |
| 16 July 1999 | Landfill Directive appears in the Official Journal.
| Deadline for transposition into UK Law is 16 July 2001
|
| 16 November 2000 | Meeting between ESA and Dinah Nichols, Director-General, Environment, Defra
| ESA outlined the conditions necessary to achieve compliance with the Landfill Directive.
|
| 10 January 2001 | Meeting between ESA and Rt Hon Michael Meacher MP and his officials: Ms Ann Hemming and Mr Simon Hewitt.
| ESA emphasised the pivotal role of the Waste Acceptance Criteria (WAC) in determining investment in new infrastructure. ESA assured that "everything is in hand" regarding the WAC.
|
| 11 January 2001 | Meeting between ESA and Dinah Nichols
| ESA expresses concern regarding arrangements for implementing the Landfill Directive including articles 8 &10.
|
| 19 July 2001 | Letter to Michael Meacher MP enclosing ESA report on the Implementation of the Landfill Directive
| The report outlined ESA's interpretation of the Landfill Directive and set out ESA's position on aspects of the Landfill Directive such as from when the WAC should apply.
|
| 4 October 2001 | ESA wrote to DEFRA officials regarding arrangements for implementing the Landfill Directive by the Environment Agency.
| The letter stated that the Agency was "applying" the Directive to certain facilities even though the Landfill Regulations had not been laid before Parliament.
|
| 12 October 2001 | ESA responded to DEFRA's second Consultation on "The Implementation of Council Directive 1999/31/EC on the Landfill of Waste"
| ESA expressed concern about ongoing delays in providing industry with the necessary framework of a regulatory package and a clear suite of guidance to implement the Directive. Particular concern was expressed regarding hazardous waste.
|
| 15 October 2001 | Letter from Rt Hon Michael Meacher MP to ESA (responding to ESA's Letter 19 July 2001)
| The Minister commented "I share your concern about the delays in agreeing waste acceptance criteria in Europe".
|
| 15 October 2001 (received 24 October 2001) |
Letter from Richard Bird, Director, Environment, Defra to ESA
| The letter sets out Defra's position on the implementation of the Landfill Directive and states "subject to obtaining the necessary parliamentary powers, the Directive will be implemented well before 1 July 2002".
|
| 19 October 2001 | ESA met DEFRA officials: Ms Ann Hemming, Mr Tom Bastin, Mr David Short.
| ESA emphasised that investment in new facilities required by the Landfill Directive was severely constrained by the absence of appropriate regulatory guidance. At this stage, WAC were not agreed in Europe and the Landfill Regulations had not been laid before Parliament. Mr Short commented that the industry should not wait until everything was signed, sealed and delivered.
|
| 24 October 2001 | Letter from ESA to David Short
| ESA offered Mr Short a secondment opportunity to understand better the role of regulation in providing commercial justification for investment.
|
| 10 December 2001 | Letter from ESA to Richard Bird
| ESA emphasised the need for a single implementation date for PPC permits to create a level playing field among operators.
|
| 27 February 2002 | Letter from ESA to Brian Bender, Permanent Secretary, Defra
| ESA outlined the problems experienced in implementing the Landfill Directive, and Defra's engagement of the waste management industry, drawing specific reference to Article 8 of the Directive.
|
| 13 May 2002 | Letter from ESA to Rt Hon Michael Meacher MP
| ESA again urged the Government to issue promptly statutory guidance relating to the Landfill Directive.
|
| 15 May 2002 | Meeting with ESA, Chemicals Industry Association and Rt Hon Michael Meacher MP regarding the implementation of the Landfill Directive and hazardous waste
| ESA drew attention to the problems in hazardous waste management that could occur from 16 July 2004. ESA proposed a dedicated hazardous waste strategy.
|
| 31 May 2002 | Letter from ESA to Rt Hon Michael Meacher MP following the meeting of 15 May
| ESA reiterated the need to implement WAC from 16 July 2004 and offered suggestions as to how the Government could encourage investment in infrastructure, including fiscal incentives. ESA repeated its call for a national hazardous waste strategy.
|
| 10 June 2002 | Letter from ESA to Rt Hon Michael Meacher MP
| ESA emphasises its preference for WAC to be introduced from 16 July 2004, highlighting the importance of WAC in determining the standards to which waste must be treated.
|
| 18 June 2002 | Letter from Brian Bender to ESA
| Mr Bender responds to ESA's concerns regarding Article 8 of the Landfill Directive and on engaging stakeholders commenting "we place particular emphasis on engaging those likely to be affected by any proposals coming from Europe and take considerable steps to do so."
|
| 10 July 2002 | Letter from ESA to Rt Hon Michael Meacher MP
| ESA noted the importance of the WAC to enable ESA's Members to plan investment and repeated calls for prompt and comprehensive guidance to enable consistent interpretation of the Landfill Regulations by the Agency and ESA's Members. ESA repeats the offer to explore with Defra the feasibility of jointly commissioning leading Queen's Counsel.
|
| 2 July 2002 | ESA presents oral evidence to the House of Commons EFRA Select Committee Inquiry into Hazardous Waste
| |
| 17 July 2002 | Letter from Rt Hon Michael Meacher MP to ESA in response to ESA's letter of 31 May 2002
| The letter did not state from when WAC would apply.
|
| 24 July 2002 | Meeting between ESA and Brian Bender
| ESA again noted Defra's failure to engage effectively with ESA and its Members.
|
| 26 July 2002 | EFRA Select Committee published its report on hazardous waste
| The Select Committee commented that "uncertainty" was the dominant theme surrounding this inquiry.
|
| 22 August 2002 | Letter to Sue Ellis, Head of Waste Policy, Defra
| ESA set out the priority actions for the Hazardous Waste Forum.
|
| 26 September 2002 | Meeting with Sue Ellis
| ESA repeats the industry's views on the priorities for the Forum.
|
| 1 October 2002 | Letter to Sue Ellis
| ESA again sets out the industry's views on the Forum and commits to nominating representatives who would bring the necessary expertise.
|
| 20 March 2003 | Dinner with Bill Stow, Director-General, Environment, Defra
| Members briefed Mr Stow on the current problems faced by industry in implementing the Landfill Directive.
|
| 6 May 2003 | Meeting with Jonathon Startup, DTI
| ESA outlined the potential problems following the banning of co-disposal if WAC were not in place.
|
| 4 July 2003 | ESA responds to the draft RIA for the Landfill (England and Wales) (Amendment) Regulations 2003.
| ESA advised that the transitional period during which Acceptance Criteria would not apply but during which co-disposal was banned would discourage investment in new waste treatment infrastructure. ESA expressed concern regarding lack of data on hazardous waste treatment /disposal capacity.
|
| 29 July 2003 | Meeting with Roger Sharp, Special Adviser, DTI
| ESA emphasised the importance of WAC for investment and that they should apply from16 July 2004.
|
| 9 July 2003 | Letter to Elliot Morley MP, Minister for State
| ESA reiterated that WAC should be implemented in July 2004 and raised concerns at arrangements for implementing Article 8 of the Landfill Directive.
|
| 9 August 2003 | Letter from ESA to Ray Alderton, Head of Landfill Policy, Defra
| ESA set out its position regarding negotiation of WAC at European level and its opposition to a risk assessment approach regarding WAC.
|
| 20 October 2003 | Letter to Elliot Morley MP
| ESA requested a meeting with the Minister.
|
| 17 November 2003 | Meeting with Neil Thornton, Director, Environment, Defra and ESA's Board of Directors
| ESA reiterated the importance of WAC applying from 16 July 2004.
|
| 16 December 2003 | ESA responded to Defra's consultation on the draft Landfill Amendment Regulations
| ESA's stated: "with only 7 months remaining until co disposal must cease, the UK Government has still not provided the waste management industry with the regulatory certainty it requires to invest in infrastructure for the treatment and final management of hazardous waste".
|
| 20 January 2004 | Letter to Elliot Morley MP
| ESA requested a response from the Minister to its letter of 20 October 2003.
|
| 23 January 2004 | Meeting with Stephen Crisp, Environmental Advisor, Defra
| |
| 2 February 2004 | Meeting with Elliot Morley MP
| ESA outlines three priorities: regulatory certainty, adequate investigation and enforcement post July 2004, and an effective planning process.
|
| 27 May 2004 | Meeting between Elliot Morley MP and ESA's Chairman and Chief Executive
| ESA reiterates need for certainty and crucial role of regulation in creating a market in waste management services.
|
| 29 October 2004 | ESA responded to Defra's review of Special Waste Regulations.
| ESA called for a reinforcing of Duty of Care requirements to improve data flows and for the Agency to focus its resources to ensure proper enforcement of the hazardous waste regulations.
|
| 07 March 2005 | ESA responded to Defra consultation on proposed Landfill (England and Wales) Regulations 2005
| ESA expressed concern regarding widespread waste producer ignorance of new requirements. " . . less than four months before the waste acceptance criteria are implemented in England and Wales, the Environment Agency has still to publish detailed guidance on sampling and testing wastes".
ESA expressed concern at delays in publishing detailed proposals for Monolithic Waste Acceptance Criteria.
|
| | |
The following tables sets out the relevant correspondence
and meetings with the Environment Agency relating to the permitting
of landfills and the implementation of the Landfill Directive.
| Date | |
|
| 09.10.02 | Meeting with Environment Agency officials
| Concerns raised regarding the difficulty of commenting on the process of PPC permitting, when much of the detailed Agency guidance had not been published.
|
| 08.01.03 | Meeting with Environment Agency officials
| Concerns raised regarding the implications of Regulatory Guidance Note (RGN)16 ("Establishing the Areas to be covered by a PPC permit") on the re-permitting of landfills.
|
| 17.03.03 | Letter to Mr Steve Lee, Head of Waste Regulation, Environment Agency
| Outlining concern that RGN16 might be "gold plating" EU Law, and that the requirements of the Groundwater Directive were being applied retrospectively.
|
| 26.03.03 | Letter to Baroness Young
| Expressing concern that insufficient guidance had been made available to operators prior to the requirement to submit a PPC permit.
|
| 13.01.04 | Meeting with Baroness Young, Mr Archie Robertson (Director of Operations) Dr Paul Leinster, Director of Environmental Protection), Mr Steve Lee, (Head of Waste Regulation)
| Outlining concerns with the implementation of the Landfill Directive generally and Financial provision in particular.
|
| 05.02.03 | Meeting with the Mr Steve Lee, Head of Waste Regulation))
| ESA outlines ongoing concern with PPC fro including RGN16, RGN6 and RGN11.
|
| 12.03.03 | Meeting with Environment Agency officials
| Concerns expressed regarding delays in the PPC permitting process.
|
| 19.01.04 | Meeting with Sir John Harman, Chairman, Baroness Young, Chief Executive, Dr Paul Leinster, Director of Environmental Protection
| ESA expressed continued frustration over the uncertain status and meaning of RGNs.
|
| 25.02.04 | Letter to Baroness Young
| Suggesting a joint review of the Agency's Regulatory Guidance by Queen's Counsel.
|
| 09.03.04 | Meeting with Environment Agency officials
| Outlined continued problems with interpretation and implications of the Agency's RGNs. ESA noted that RGNs were increasingly regarded as "defacto law", even though some were still available only in draft form.The Agency noted that the RGNs were issued because of a lack of policy guidance from Government.
|
| 02.06.04 | Meeting with Environment Agency Officials
| Concerns raised regarding Agency guidance on leachate levels and sub water table landfills. "Goldplating" of Landfill Directive requirements.
|
| 29.07.04 | Letter to Ms Liz Parkes, Head of Waste Regulation
| Outlining concerns that RGN6 did not recognise and reflect environmental risk assessments. ESA noted that "A revised RGN6 would bring more clarity and certainty than would a fundamentally flawed document to the process of permitting landfills."
|
| 14.09.04 | Meeting with Environment Agency officials
| Concerns expressed that as guidance was emerging and evolving, operators were disadvantaged by changing rules during the permitting process.
|
| 01.11.04 | Meeting with Sir John Harman and Baroness Young
| ESA highlighted concerns that Agency continued to "gold plate" EU Law by way of its interpretation of Landfill and PPC Directive requirements.
|
| 04.02.05 | Letter to Baroness Young
| Requesting a meeting to discuss ongoing concerns with the PPC permitting process and highlighting the increasing number of appeals against permits by operators.
|
| | |
ESA submitted formal responses to the following Environment
Agency consultations on guidance relating to the Landfill Directive:
| Date | Environment Agency Guidance
|
| 05.03.2001 | "Technical Guidance on the Design, Construction and Operation of Non-Hazardous and Inert Landfills"
|
| 15.03.2001 | Leachate Protocol
|
| 31.07.2001 | Draft Groundwater Protection Guidance relating to landfill location
|
| 23.11.2001 | Consultation Paper on Landfill Directive: Conditioning Plan Form and Guidance
|
| 10.12.2001 | Consultation Paper: Guidance for the Landfill Sector: Technical requirements of the Landfill Directive and Integrated Pollution Prevention and Control
|
| 14.12.2001 | The Location and Impact Assessment of Landfill Sites
|
| 21.01.2002 | Guidance on the Waste Treatment requirements of article 6(a) of the Landfill Directive
|
| 04.07.2002 | Environment Agency Regulatory Guidance Note (RGN) 6: Interpretation of the Engineering Requirements of Annex 1 of the Landfill Directive (Version 3.0)
|
| 06.08.2002 | Hydrogeological Risk Assessment for Landfills and the Derivation of Groundwater Trigger Levels
|
| 09.10.2002 | Draft Consultation: Guidance on Monitoring of Landfill Leachate, Groundwater and Surface Water
|
| 21.10.2002 | National Interim Waste Acceptance Procedures. Version 1.2.
|
| 08.11.2002 | Landfill Directive Regulatory Guidance Note 3
|
| 12.11.2002 | PPC: Part B of the Application Form for the Landfill Sector
|
| 11.12.2002 | Landfill Directive Regulatory Guidance Note 16
|
| 21.02.2003 | Guidance on the Management of Landfill Gas
|
| 21.02.2003 | Guidance on the Monitoring of Trace Components in Landfill Gas
|
| 21.02.2003 | Guidance on the Monitoring of Landfill Gas Engines
|
| 07.03.2003 | Guidance on Gas Treatment Technologies Landfill Gas Engines
|
| 07.03.2003 | Guidance for Monitoring Enclosed Landfill Gas Flares
|
| 06.06.2003 | Guidance on Landfill Completion
|
| 11.07.2003 | Guidance for Monitoring Landfill Gas Surface Emissions
|
| 24.12.2003 | Impact Assessment of Environment Agency landfill gas management guidance
|
| 09.04.2004 | Guidance on sampling and testing of waste to meet landfill waste acceptance procedures(Version 4.3a)
|
| 18.06.2004 | Sub Water Table Landfills and Leachate Level Management
|
| 30.07.2004 | Environment Agency Guidance on the Assessment of Risks from Landfill Sites
|
| 30.11.2004 | Environment Agency consultation on Financial Provision for Landfill
|
| 26.09.2005 | Landfill Sector Guidance
|
| |
