Waste Management Licensing

1
Waste Management Licensing

• Section 36 of the Environmental Protection Act
  1990 Part II
• A waste management license is required for the
  disposal, keeping or treatment of Directive
  Waste.
• Disposal operations include landfill,
  incineration, permanent storage and treatment
  prior to final disposal and the injection of
  waste in to the earth.
• Recovery operations include reclamation and
  recycling.

2
Waste Management Licensing

• Exemptions (1)
• Waste Management Licensing Regulation s1994
• In Regulation 17 and Schedule 3 there are 45
  exemptions

3
Waste Management Licensing

• Exemptions (2)
• They do not apply to special waste
• Only allow a person to operate without a license
• The person must still comply with duty of care
  etc.
• Most of the exemptions require registration with
  the Environment Agency
• No fit and proper person test

4
Waste Management Licensing

• Exemptions (3)
• Only granted if consistent with objectives in
  Part I, Schedule 4 of the Regulations
• no danger to human health
• no harm to environment
• no risk to water, air, soil, plants, animals
• no nuisance through noise or odours
• no adverse effect on countryside or places of
  special interest

5
Waste Management Licensing

• Examples of exemptions include
• Paragraph 19. Storage of up to 3 months or use of
  construction or demolition waste, excavations,
  ash, slag, clinker, rock, wood, gypsum, or road
  planing for the provision of
• a) recreational activities or
• b) construction, maintenance or improvement of a
  building, highway, railway, airport, dock or
  other transport facility (e.g. farm tracks)

6
Waste Management Licensing

• Section 33 Environmental Protection Act1990
• Offences (1)
• It is a criminal offence
• To "knowingly cause" or knowingly permit" the
• Deposit of waste in or on land where no license
  is in force or in breach of a license
• Treating, keeping or disposal of waste in or on
  land or by means of mobile plant where no license
  or in breach of license
• Treating, keeping or disposal of waste in a
  manner likely to cause pollution to the
  environment or harm to human health (even if in
  accordance with license)

7
Waste Management Licensing

• Exceptions to "knowingly cause" or knowingly
  permit" the treating, keeping or disposal of
  waste in or on land where no license is in force
  or in breach of a license
• household waste
• activities exempted from the need to have a
  license
• waste excluded from the need to have a license

8
Waste Management Licensing

• Section 33 Environmental Protection Act1990
• Offences (2)
• To breach conditions of license

9
Waste Management Licensing

• Section 33 Environmental Protection Act1990
• Offences (3)
• When controlled waste is deposited from a motor
  vehicle in contravention of s33 the person who
  controls or is in a position to control the use
  of the vehicle is treated as knowingly causing
  the deposit whether or not he gave any
  instructions for this to be done.
• Circular 11/94 states that the onus is on the
  owner or manager of vehicles to ensure that
  employees do not fly-tip waste. This does not
  apply to those who hire vehicles, as they do not
  control their use.

10
Waste Management Licensing

• Section 33 Environmental Protection Act1990
• Defences
• It is a defence if the defendant
• Took all reasonable precautions and all due
  diligence to avoid committing offence
• Acted under instructions from employer and no
  reason to suppose actions were an offence
• Acted in an emergency to avoid danger to public
  and took steps to minimize pollution or harm and
  notified the Environment Agency as soon as
  reasonably practicable

11
Waste Management Licensing

• Penalties
• Summary
• Imprisonment up to 6 months AND/OR fine up to
  20,000
• Indictment
• Imprisonment up to 2 years 5 years for special
  waste and/or unlimited fine

12
Waste Management Licensing

• Application for a Licence
• Application made to the Environment Agency
• Consultation with the Health and Safety at Work
  Executive the Nature Conservancy Council and the
  planning authority
• There must be planning permission in force in
  relation to the use of that land for a waste
  disposal or recovery operation
• Environmental assessments are required for waste
  management sites for incineration, chemical
  treatment and landfill of hazardous waste and for
  sites likely to have a significant effect on the
  environment by virtue of factors such as nature
  size and location

13
Waste Management Licensing

• Note
• If work is to be undertaken on neighbouring land
  the owners of this land must be consulted but
  there is no obligation to consult the public

14
Waste Management Licensing

• Applicant is not a fit and proper person if
• a) Applicant or "relevant person" convicted of a
  "relevant offence. "Relevant persons" are
• employees
• business partners
• previous company of which applicant an officer
• officers of applicant company
• The Agency has a discretion to disregard these
  requirements having regard to who was convicted,
  the nature and gravity of offence and the number
  of relevant offences

15
Waste Management Licensing

• b) Proposed activities will not be managed by a
  "technically competent person.
• The proposed manager must have a Certificate of
  technical competence

16
Waste Management Licensing

• c) Inadequate financial provision (the applicant
  will not or cannot make financial provision
  adequate to discharge the obligations arising
  from the license)
• For example for landfill financial provision for
  the following is required
• site acquisition and preparation
• site operation restoration / landscaping /
  aftercare
• post-closure control or monitoring

17
Waste Management Licensing

• Conditions
• Environment Agency can attach such conditions,
  as it considers fit taking into account
• a) The duration of the activity
• b) Supervision of activities
• c) Specific types of waste to be covered
• d) Keeping records
• e) Associated works
• f) Effect on third parties e.g. whether their
  consent is required

18
Waste Management Licensing

• Transfer
• Under s 40 Environmental Protection Act 1990 a
  licence can be transferred from one person to
  another

19
Waste Management Licensing

• Surrender
• Under s 39 Environmental Protection Act 1990 A
  licence can only be surrendered if the
  Environment Agency accepts the surrender

20
Waste Management Licensing

• Supervision
• Section 42 Environmental Protection Act 1990
  puts the Environment Agency under a duty to
  supervise waste management licences

21
Waste Management Licensing

• Modification, Suspension and Revocation
• Under ss 27 38 Environmental Protection Act
  1990 the Environment Agency has power to modify,
  suspend or revoke a licence.

22
Waste Management Licensing

• A licence may be revoked where
• The applicant ceased to be a fit and proper
  person by reason of having committed relevant
  offences
• or
• Continuation of the activities would cause
  pollution to the environment or harm to human
  health or become seriously detrimental to the
  locality
• and
• That this cannot be avoided by modifying the
  licence.

23
Waste Management Licensing

• Appeals
• An applicant can appeal against rejection,
  modification, suspension or revocation to the
  Secretary of State

24
Integrated Pollution Prevention and Control (IPPC)

• Pollution Prevention and Control Act 1999
• Pollution Prevention and Control Regulations 2000
  

25
Integrated Pollution Prevention and Control (IPPC)

• Disposal by Incineration
• Part A (1) activities are
• The incineration of any waste chemical or plastic
  from their respective manufacture
• The incineration of any waste being or comprising
  any specified chemicals (Br, Cd, Cl, F, I, Pb,
  Hg, N, P, S, Zn)
• The incineration of any other hazardous waste
  (unless exempt)
• The incineration of municipal waste in a plant
  rated at over 3 tonnes per hour
• The incineration of any other waste, including
  animal remains in a plant rated at over 1 tonne
  per hour
• The burning out of residues from metal drums
  having been used for the storage or transport of
  chemicals

26
Integrated Pollution Prevention and Control (IPPC)

• Disposal by Incineration
• Part B activities are
• The incineration of specified hazardous waste
  (clean oils and other liquid waste,
  non-hazardous sewage sludge and non-hazardous
  clinical waste) in a plant rated at less that 10
  tonnes per day and less than 1 tonne per hour
  (unless in an exempt incinerator)
• The incineration of any non-hazardous waste in a
  plant rated at less than 1 tonne per hour (unless
  in an exempt incinerator)
• The cremation of human remains
• An exempt incinerator is one designed to
  incinerate at a rate of 50kg or less per hour but
  not being used for the incineration of clinical
  waste, sewage sludge or screenings or municipal
  waste.

27
Integrated Pollution Prevention and Control (IPPC)

• Disposal of Waste at Landfill
• Part A(1) activities are
• The disposal of waste in a landfill receiving
  more than 10 tonnes per day or with a total
  capacity of more than 25,000 tones excluding
  disposals in landfills of inert waste only. At
  sites where the waste handling is below these
  thresholds the Waste Licensing system will
  continue.

28
Integrated Pollution Prevention and Control (IPPC)

• Disposal of waste other than by incineration or
  landfill
• Part A activities are
• Disposal of hazardous waste in a facility rated
  at over 10 tonnes per day
• Disposal of waste oils in a facility rated at
  over 10 tonnes per day
• Disposal of non-hazardous waste in a facility
  rated at over 50 tonnes per day
• Biological treatment or physiochemical treatment

29
Integrated Pollution Prevention and Control (IPPC)

• Recovery of Waste
• Part A(1) activities are
• Distillation of any oil or solvent
• Cleaning or regeneration of carbon charcoal or
  ion exchange resins
• Recovering hazardous waste in plant rated at over
  10 tonnes per day by use principally as a fuel to
  generate electricity
• Solvent reclamation/regeneration
• Recycling/reclamation of inorganic materials,
  other than metals and metal compounds
• Regeneration of acids/bases
• Recovering of components from catalysts
• Oil re-fining or other re-uses of oil

30
Integrated Pollution Prevention and Control (IPPC)

• Applications
• Application must be made as follows
• Part A (1) a permit must be obtained from the
  Environment Agency
• Part A (2) a permit must be obtained from the
  local authority
• Part B an air pollution permit must be obtained
  from the local authority (this is now called APC
  and was referred to as LAAPC)

31
Integrated Pollution Prevention and Control (IPPC)

• Conditions
• Conditions must ensure Emission Standards are set
  that will ensure that Environmental Quality
  Standards will be fulfilled
• Best Available Techniques are applied. Best
  Available Techniques as the most effective and
  advanced stage in the development of activities
  and their methods of operation

32
Integrated Pollution Prevention and Control (IPPC)

• Best Available Techniques
• Best - means the most effective in achieving a
  high level of protection of the environmental as
  a whole.
• Available - means techniques which are developed
  on a scale which allows implementation in the
  relevant industrial sector under economically and
  technically viable conditions taking in to
  consideration the costs and advantages as long
  as they are reasonable accessible to the
  operator. Precaution and prevention is balanced
  with costs and benefits.
• Techniques - include the design, maintenance and
  operation of an installation.

33
Landfill Regulations

• Landfill (England Wales) Regulations 2002 puts
  Landfill Directive (1999/31/EC) into effect
• Landfill Operators had to submit a Site
  Conditioning Plan by 16th July 2002

34
Landfill Regulations

• Exemptions (Regulation 4)
• Spreading of sludge as fertiliser
• Use of inert waste for construction purposes
• Deposit of non-hazardous dredging sludge
• Landfill which ceased to accept waste before 16th
  July 2002

35
Landfill Regulations

• Planning considerations (Regulation 5)
• Distances from residential and recreational
  areas, waterways and agricultural or urban sites
• Groundwater, coastal water or nature protection
  zones
• Geological or hydro geological conditions
• Risk of flooding, subsidence
• Protection of the natural or cultural heritage

36
Landfill Regulations

• Classification of Landfills (Regulation 7)
• Inert waste a site
• Hazardous waste
• Non-hazardous waste (including municipal waste)

37
Landfill Regulations

• Inert waste
• No significant physical, chemical or biological
  transformations
• Does not dissolve, burn or otherwise physically
  or chemically react to give rise to environmental
  pollution or harm to human health
• Insignificant leachability and pollutant content
  in relation to surface water or underground water

38
Landfill Regulations

• Hazardous waste
• Hazardous waste is as defined in the Council
  Directive 91/689/EEC on hazardous waste

39
Landfill Regulations

• Non-hazardous waste
• Non-hazardous waste is defined as that which is
  neither hazardous nor inert

40
Landfill Regulations

• Waste that can be Landfilled (Regulation 10)
• Treated waste
• unless
• Inert waste for which treatment is not
  technically feasible
• Treatment would not reduce its quantity or hazard
  

41
Landfill Regulations

• Criteria for acceptance of waste for all kinds of
  landfill
• Waste may only be accepted at a landfill where
  its acceptance would not
• Result in unacceptable emissions to groundwater,
  surface water or the surrounding environment
• Jeopardise environment protection systems e.g.
  liners, leachate and gas collection
• Put waste stabilisation processes at risk
• Endanger human health

42
Landfill Regulations

• Waste that can be Landfilled (Regulation 10)
• Inert waste that fulfils acceptance criteria for
  all kinds of landfill the additional criteria for
  acceptance of waste at landfills for inert waste

43
Landfill Regulations

• Additional criteria for acceptance of waste at
  landfills for inert waste
• Waste may only be accepted at a landfill for
  inert waste if
• it is waste glass based fibrous materials, glass
  packaging, concrete, bricks, tiles and ceramics,
  glass, soil and stones
• or
• it otherwise falls within the definition of inert
  waste in regulation 7(4)

44
Landfill Regulations

• Waste that can be Landfilled (Regulation 10)
• Hazardous waste that fulfils the acceptance
  criteria for all kinds of landfill and the
  additional criteria for hazardous waste

45
Landfill Regulations

• Additional criteria for acceptance of waste at
  landfills for hazardous waste
• Waste may only be accepted at a landfill for
  hazardous waste if
• Listed on the Hazardous Waste List of the
  European Waste Catalogue
• Total content or leachability
• Not a short-term occupational or environmental
  risk
• Would not prevent stabilisation

46
Landfill Regulations

• Waste that can be Landfilled (Regulation 10)
• Non-hazardous
• municipal waste
• other non-hazardous waste that fulfils the
  acceptance criteria for all kinds of landfill and
  is listed on the EWC
• Stable, non-reactive hazardous waste with
  insignificant leachability waste that fulfils the
  acceptance criteria for all kinds of landfill and
  is deposited in cells not used for biodegradable
  non-hazardous waste

47
Landfill Regulations

• Additional criteria for acceptance of waste at
  landfills for non-hazardous waste
• Waste may only be accepted at a landfill for
  non-hazardous waste if
• It is listed on the Hazardous Waste List of the
  European Waste Catalogue or has similar
  characteristics to those so listed and it is
  stable, non-reactive hazardous waste with
  insignificant leachability in cells not used for
  biodegradable non-hazardous waste
• It is any other waste listed on the European
  Waste Catalogue or has similar characteristics to
  those so listed

48
Landfill Regulations

• Permit Conditions (Regulation 8) - Must
• Authorise waste types and quantities
• Require the preparation and carrying out of the
  landfill operations and the monitoring and
  control procedures, including contingency plans
• Ensure adequate financial provision
• Ensure the operations are conducted to prevent
  accidents
• Require annually reports
• Ensure compliance with the Regulations

49
Landfill Regulations

• Prohibited wastes (Regulation 9)
• Any waste in liquid form
• Explosive, corrosive, oxidising, flammable or
  highly flammable waste hospital and other
  clinical medical or veterinary establishments or
  infectious wastes
• Chemical substances arising from research and
  development

50
Landfill Regulations

• Prohibited wastes (Regulation 9) (Cont.)
• Tyres after 16th July 2003
• Except
• As engineering material
• Bicycle tyres
• Tyres with an outside diameter above 1400mm

51
Landfill Regulations

• Prohibited wastes (Regulation 9) (Cont.)
• Shredded Tyres After 16th July 2006
• Except
• Bicycle tyres
• Tyres with an outside diameter above 1400mm

52
Landfill Regulations

• Prohibited wastes (Regulation 9) (Cont.)
• Waste which does not fulfil the relevant waste
  acceptance criteria.
• Waste must not be landfilled to dilute or mix
  solely to meet the relevant waste acceptance
  criteria

53
Landfill Regulations

• Charges (Regulation 11)
• Gate fee must be sufficient to cover the costs of
  setting up and operating the site, establishing
  and maintaining monitoring and the estimated
  costs for the closure and after-care of the site
  for at least 30 years.

54
Landfill Regulations

• Checking Deposits (Regulation 12)
• Operator must visually inspect
• at the entrance and
• at the point of deposit
• to ensure conforms to description and any samples
  taken to be retained for at least one month

55
Landfill Regulations

• Registers (Regulation 12)
• Operator must keep a register of
• Quantities of waste deposited
• Characteristics
• Origin
• Dates of its delivery
• Identity of the producer/collector of municipal
  waste
• Precise location on site of hazardous waste

56
Landfill Regulations

• Written receipts must be given
• Refusals informed to the Environment Agency

57
Landfill Regulations

• Closure (Regulations 15 16)
• Operator or Agency
• Operators liable for maintenance, monitoring and
  control of the site for a period set by the
  Agency especially landfill gas, leachate and
  groundwater regime in the vicinity of the site.
  At any time after closure, an operator is free to
  apply to surrender the permit
• No pollution risk or not likely to cause a
  hazard to the environment

58
Landfill Regulations

• Offences (Regulation 17)
• Contravention of
• Regulation 9 (prohibition of certain wastes) or
  12 (waste acceptance procedures)
• Regulation 10 (1) or (2)(waste pre-treatment and
  the acceptance criteria for hazardous waste
  sites)
• Paragraph 3(5) of Schedule 4 (The operator of a
  landfill which is not classified as a landfill
  for hazardous waste shall only accept hazardous
  waste at that landfill on or after 16th July 2002
  if it is stable, non-reactive hazardous waste
  with leaching behaviour similar to non-hazardous
  waste and so long as not in a cell with
  biodegradable waste).

59
Landfill Regulations

• Penalties
• Summary a fine up to 20,000 or imprisonment for
  up to 6 months or both
• Indictment a fine (unlimited) or imprisonment
  for up to 5 years or both on conviction