This update contains brief details of Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in 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:

   Enforcement    Municipal Waste
   Environmental Liability    Permitting and Licensing
   Hazardous Waste    Waste Classification
   Infrastructure    Waste Management
   Landfill    Waste Minimisation


Cannock Chase Council: Suspect cable costs convicted scrap metal dealer £5,000: Cannock Chase DC has become one of the first local authorities in the country to successfully prosecute a scrap metal dealer under the Scrap Metal Dealers Act 2013. Cannock Magistrates' Court found Daniel Parnum guilty of three offences relating to failure to keep records on 19 May 2015. he was fined a total of £4,750 plus ordered to pay £420 costs and a £100 victim surcharge. (1 June 2015)

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Environmental Liability

Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2015 (SI 2015/1391): these regulations, which come into force on 19 July 2015, amend SI 2015/810 so as to extend the categories of environmental damage to include damage to marine waters beyond 12 nautical miles from the baselines in Northern Ireland. (19 July 2015)
For Wales, see the Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015 (SI 2015/1394 (W.138) that make equivalent amendments to SI 2009/995 (W.81).

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Hazardous Waste

Hazardous Waste (Miscellaneous Amendments) Regulations 2015 (SI 2015/1360): these regulations, which come into force on 1 July 2015, amend UK legislation on hazardous waste in light of amendments to two EU instruments establishing the classification for waste and hazardous waste and the replacement of an EU instrument concerning waste electrical equipment. (9 June 2015)

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Eunomia: Residual waste infrastructure review (8th issue): this latest review from independent environmental consultants Eunomia shows that the UK remains on track to exceed the required level of residual waste treatment capacity by 2019/20 (or by 2018/19 when export of RDF is included). It raises concerns that the long lifespan of facilities such as incinerators, and the lengthy periods needed to pay back capital costs, mean that over-capacity may leave councils and contractors grappling with some difficult choices. The LGA has already written to the EU to urge the case that councils’ committed investments in waste infrastructure make “a suggested 70% recycling target unachievable”. (22 June 2015)

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Landfill Tax (Qualifying Fines) (No.2) Order 2015 (SI 2015/1385): this Order, which comes into force on 15 June 2015, imposes duties on landfill operators with regards to waste fines (smaller fractions of waste produced by any treatment process that includes an element of mechanical treatment) and the introduction of a loss on ignition (LOI) test to help identify the correct landfill tax liability of waste fines. It replaces SI 2015/845 that was not approved by the House before the expiration of a period of 28 days beginning on the date on which it was made, and so ceased to have effect on 14 June 2015. (12 June 2015)

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Municipal Waste

Welsh Government: £3 million to help local authorities meet recycling targets: announces that four Welsh local authorities will get a share of a £3m fund to help them meet statutory recycling targets. The funding will allow Flintshire, Neath Port Talbot, Wrexham and Newport Councils to invest in new vehicles, containers and depots and equipment. This includes new Resource Recovery Vehicles and improvements to depots to enable the authorities to improve their recycling rates. (22 June 2015)

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Permitting and Licensing

Environment Agency: Pre-consent application form: the Environment Agency may issue pre-consent to operators of a waste recovery site with a permit that regularly receive shipments of the same waste. The permit holder or a duly authorised person can apply for pre-consent recovery status for the facility where the waste recovery operation takes place, using this form. The advantages of pre-consent are: no cost to apply; the notification process is quicker; and consents may last up to three years, rather than the standard 12 months. (10 June 2015)

Environment Agency: Preparing for flooding - A guide for sites regulated under EPR and COMAH: updated guidance to help businesses comply with their environmental permit and the COMAH regulations. It covers: how to check flood risk and get more detailed information for your site; the flood warning codes and how to get advance warnings; how to prepare for a flood; and steps to improve the flood resilience of a site. (30 June 2015)

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Waste Classification

Environment Agency: Technical guidance WM3 – Waste classification: Guidance on the classification and assessment of waste: comprehensive reference manual for anyone involved in producing, managing and regulating waste. Appendix A includes the waste classification codes, also referred to as LoW (List of Waste) or EWC (European Waste Catalogue) codes for hazardous and non hazardous waste. The guidance replaces WM2 from 30 June 2015. (16 June 2015) 

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Waste Management

Environment Agency: Quality protocols (QPs) – Rules for all QPs: quality protocols explain when a waste derived material can be regarded as a non-waste product and no longer subject to waste controls. They aim to produce high quality products from waste materials to promote greater recovery and recycling. This guidance sets out the rules that must be followed for each non-waste product. (1 June 2015)

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Waste Minimisation

WRAP: Household waste prevention hub: this website provides local authorities with a comprehensive online resource to enable them to produce a Waste Prevention plan and to help householders prevent waste. The hub contains guidance, links to templates and on-line tools to help waste and recycling officers. (1 June 2015)

WRAP: Resource revolution – Creating the future: WRAP has launched its five year plan that sets out how the organisation will work with businesses, governments and consumers to create the step change needed to meet the demands of the future generations. It focuses on the three priority areas that will help best meet its goals - Food and Drink; Clothing and Textiles; and Electricals and Electronics, all of which are underpinned by resource management. (25 June 2015)

House of Commons Library: The single use carrier bag charge: Wales and Northern Ireland introduced a 5p charge for customers on single use carrier bags in 2011 and 2013 respectively. The Scottish Government implemented their own charge in October 2014, and England will follow in October 2015. This note looks at the arrangements surrounding the single use carrier bag charge in each part of the UK. It also looks at some of the criticisms and controversies surrounding the charge, particularly whether or not biodegradable bags should be included or exempt. (25 June 2015)

WRAP: Funding Boost for WRAP Cymru: announces that the Welsh Government has awarded grant funding of £9.496m for WRAP Cymru for October 2015 to March 2018, to help it delivers its core programmes. (29 June 2015)

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