ENVIRONMENTAL PERMITTING: WASTE MANAGEMENT

The aim of the Waste Framework Directive is to ensure the protection of human health and the environment in the course of waste management activities.  The Directive provides for the making of effective and consistent rules on waste disposal and recovery and the recovery and reuse of wastes where possible. 

Under the Directive, undertakings carrying out waste disposal and recovery must be authorized and inspected.  This requirement is implemented in England and Wales through the Environmental Permitting (England and Wales) Regulations 2010, as amended (Note: the EPR have superseded the previous Waste Management Licensing Regulations 2004).  Schedule 9 to the EPR requires the regulator to carry out its relevant functions in relation to the following articles of the Waste Framework Directive (2008/98EC), through ensuring the requirements are met through permits granted under the EPR regime:

Article 4: ensuring that waste is recovered or disposed of without endangering human health or harming the environment, in particular without risk to water, air or soil, or to plants or animals; without causing a nuisance through noise or odours; without adversely affecting the countryside or places of special interest.  Measures must be taken to prohibit the abandonment, dumping or uncontrolled disposal of waste.

Article 5: establishing an integrated and adequate network of disposal installations taking account of best available technology not involving excessive costs.

Article 9: granting of permits to cover activities in Article 4 and 5 to cover the types and quantities of waste; technical requirements; safety precautions to be taken; disposal site; treatment method.

Article 14: ensuring all permitted establishments keep records of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method in respect of the waste and make this information available to the competent authority.

Waste operations as set out in Annex IIA of the Directive are therefore required to apply for a permit under the EPR.  A number of excluded and exempted waste operations do not have to apply for a permit. 

Exempt operations are set out in Schedules 2 and 3 to the EPR.  Exempt operations are required to register with the relevant regulator (the Environment Agency or Local Authority).  A number of activities are classed as 'notifiable exemptions' including spreading of sludge, waste disposal for the benefit of land, land reclamation, sludge works, waste for construction, repair and refurbishment of WEEE and burning of plant material/wood at a dock.  Notifiable exempt operations must keep records of the quantity, nature, origin, destination and treatment method of all wastes disposed of or recovered in the course of the activity for at least 2 years.  Operators of waste exemptions must re-register with the every 3 years.  The regulator is required to carry out periodic inspections of such operations.

Exemptions can be applied for here.

The EPR also provides for the granting of Standard Permits which apply to a number of waste management activities.  See entry under EPR for further details.

The Waste (England and Wales) Regulations 2011 amend these regulations by :

• changing some definitions to bring them in line with the revised Waste Framework Directive (rWFD) (2008/98/EC) and making other consequential amendments;
• removing certain wastes, including animal by-products, and other wastes that are excluded from the rWFD, from waste classifications

The amendments are set out in Schedule 3 of the waste regulations.

Regulation (EU) No 333/2011 establishes criteria determining when certain types of scrap metal cease to be waste under the WFD, including iron, steel and aluminium scrap.

Applicability

Fabricated Examples operate a compactor and baler for waste  cardboard generated by the goods-in packaging. The company must ensure that they apply for an exemption for this activity from the Environment Agency.

Related Aspects
Cardboard