This Update contains brief details of Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in February 2013.
This Update contains brief details of Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in the past month.
Items are set out by subject, with a link to where the full document can be found on the internet. All links are correct at the date of publication.
If you have been forwarded this update by a colleague and would like to receive it direct please email Claire Booth.
The following topics are covered in this update:
|Energy from Waste||Permitting and Licensing|
|Enforcement||Pollution Prevention and Control|
|Hazardous Waste||Waste Carriers|
|Health and Safety||Waste PFI|
These are available on the DEFRA website. (26 February 2013)
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European Commission: Revision of the EU legal
framework on environmental inspections: seeks views on the main
concepts for the revision of the current EU framework on
environmental inspections, to inform the design of a new horizontal
binding instrument on environmental inspections which the EC
intends to propose later in 2013. Environmental inspections enable
authorities to collect information on activities that affect the
state of the environment, identify gaps in implementation and
detect breaches of legal obligations, and are a key instrument in
terms of checking compliance, characterising non-compliance and
establishing the factual basis for appropriate follow-up. The
current framework is set out in Recommendation 2001/331 (RMCEI),
which provides for minimum criteria for environmental inspections
in the Member States, plus sectoral binding inspection provisions.
The consultation closes on 26 May 2013. (22 February 2013)
Scrap Metal Dealers Act 2013: this Act has received Royal Assent and comes into force on a day (or days) to be appointed. The Act repeals and replaces the Scrap Metal Dealers Act 1964 with a more robust, fee-raising licence scheme administered by local authorities. Features include:
The Act maintains the offence of purchasing scrap metal with cash that came into force in December but removes the exemptions for itinerant collectors and brings motor salvage operators within the definition of a scrap metal dealer for the first time. The Home Office anticipates that the Act will come into force in October 2013; it will issue guidance in due course. (28 February 2013)
Environment Agency: Regulatory Position Statement – Consignee returns: Relaxation of reporting requirements for specified hazardous wastes: when hazardous waste is collected from one place and delivered to another, a consignment note is used to track the movement, with a fee payable to the Environment Agency. The site receiving the waste (the consignee) must report to the Agency every quarter with a summary of the details in the consignment notes received. This statement identifies the circumstances where the consignee doesn't have to enter each individual consignment for movements of specified hazardous wastes. (27 February 2013)
HSE: Blueprint to set out health and safety issues and
solutions for waste industry: reports on a conference organised
by HSE and the Waste Industry Safety and Health Forum that
discussed the key health and safety issues facing the waste
industry and what needs to be done to tackle its poor health and
safety record. The forum announced that it will be publishing a
plan for addressing death, injury and ill health in the waste and
recycling industry in April, which will include sections on
leadership, competence, worker involvement, support for small
business, and creating safer, healthier workplaces. (15 February
Delegates at the event were urged to sign up to a Statement of Intent, making a public commitment to improving health and safety standards and performance across the waste management and recycling industry.
DEFRA: Local Authority collected waste for England – quarterly statistics: sets out provisional quarterly estimates for Quarter 1 2012/13 of local authority collected waste generation and management for England and the regions. The figures show a 2% reduction in household waste generated, compared with the same quarter in 2011/12. Local authorities recycled, composted or reused 45% of the waste they collected in Quarter 1 2012/13, more than was landfilled. The use of incineration with energy recovery increased by over 20% to 1.3m tonnes. (7 February 2013)
DEFRA: Draft Environmental Permitting (England and Wales) (Amendment) Regulations 2013 – A package of proposals: seeks views on a number of changes to SI 2010/675, including:
The consultation closes on 4 April 2013. (7 February 2013)
Environmental Permitting (England and Wales) (Amendment) Regulations 2013 (SI 2013/390): these regulations, which mainly come into force on 27 February 2013, amend the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010/675) (the Principal Regulations) so as to transpose the IPPC Directive 2010/75 which recasts seven current Directives into a single one about regulating emissions from various industrial activities. Much of the material in the component Directives is substantively unchanged but there are some tightened or clarified requirements. The regulations also remove some otiose descriptions of industrial activities from Sch.1 to the Principal Regulations and correct errors in the Amendment (No.2) Regulations 2011 (SI 2011/2933). DEFRA is currently developing a work plan with the aim of producing a consolidated version of the Principal Regulations as soon as practicable.
Environment Agency: Waste carriers, brokers and dealers – Registration and responsibilities: advises on when someone needs to register as a waste carrier, broker or dealer. It also sets out how to renew or change one’s registration and explains the responsibilities as a waste carrier, broker or dealer. (1 February 2013)
DEFRA: Local authority funding for waste management: announces that, following an assessment of the amount of residual waste treatment infrastructure that is required nationally to meet its obligation to reduce the amount of biodegradable waste (BMW) that is sent to landfill (see below), it has been decided to withdraw the provisional allocation of Waste Infrastructure Credits to the three remaining local authority led projects still in procurement, namely: Bradford and Calderdale; Merseyside Recycling and Waste Authority and Halton; and North Yorkshire and City of York. (21 February 2013)
DEFRA: Forecasting 2020 waste arisings and treatment capacity: this paper sets out the analysis used to forecast levels of waste arisings and treatment capacity in England in 2020, which are used to assess the amount of BMW that goes to landfill and so whether England is expected to meet the necessary diversion levels for the EU Landfill Directive that the amount of BMW sent to landfill in 2020 is reduced to 35% of 1995 levels (i.e. to 10.2m tonnes). It provides estimates of the likelihood of meeting the Landfill Directive target and the impact from withdrawing DEFRA’s provisional allocation of financial support for those PFI projects that are yet to reach financial close. (21 February 2013)