Environmental Update (July 2009)

Waste Management- some recent changes

Battery Landfill Ban now In Scotland
On 6^th July, Scotland introduced (thus joining the rest of the UK) a ban on incinerating or disposing of untreated industrial and automotive (vehicle) batteries in landfill from 1^st January 2010. Under the new regulations businesses will also have to store batteries in weatherproof and leak-proof containers.

Mines and Quarries to have Environmental Permits

If you operate a mine or quarry in England and Wales, the way you manage your waste will have to change from 7^th July. You will need an environmental permit and will have to prepare a waste management plan, among other new responsibilities. In Scotland and Northern Ireland changes to the planning system to control mining and quarrying waste are expected later this year

Draft Duty of Care Code of Practice Issued

Defra has launched a consultation on a revised Waste Duty of Care Code of Practice. 

Section 34 of the Environmental Protection Act 1990 (EPA) establishes the Waste Duty of Care, requiring all producers, carriers, importers, exporters, brokers, dealers and processors of controlled waste to take all reasonable steps to manage such waste within their control safely.

In order to comply with the Waste Duty of Care, holders of waste must take reasonable steps to:

• prevent the escape of the waste;
• provide a written description of the waste at the point of any transfer to enable its safe carriage, recovery and/or disposal;
• transfer it only to an appropriate person authorised to receive it; and
• prevent the waste from causing pollution or harm.

Section 34 of the EPA also obliges the Government to prepare and issue a code of practice for the purpose of providing practical guidance on how holders of waste should discharge their Waste Duty of Care.

As part of an earlier consultation on controls on the handling, transfer and transport of waste, it was decided to reissue the existing Waste Duty of Care Code of Practice.

The Waste Duty of Care Code of Practice has now been restructured and a revised draft presented based on the roles and responsibilities of each player in the waste chain from producer, carrier, manager, broker or dealer to householder.

With the exception of some minor amendments to the paperwork requirement, to include the reporting of the business sector from which the waste is transferred, no substantive change is made to the Waste Duty of Care.

The Government is now consulting on the revised draft which is open until the 24^th July 2009.

The draft revised Code of Practice and further information is available via the following link: -

http://www.defra.gov.uk/corporate/consult/waste-dutyofcare/index.htm