Environment Agency

1
Environment Agency

• Duncan McClintock
• Environment Officer

2
Introduction

• Aims of the Talk
• -Key waste and pollution legislation
• -A forward look at new legislation

3
Duty of Care

• The relevant Legislation
• Section 34 of the Environmental Protection Act
  1990
• Duty of Care Regulations 1992
• Landfill regulations 2002
• List Of Waste (England) Regulations 2005

4
What is Duty of Care

• Businesses have a duty to ensure that any waste
  is handled safely and in accordance with the law.
  Duty of Care has no time limit, and extends until
  the waste has either been finally and properly
  disposed of or recovered
• The Duty of Care applies to anyone who, imports,
  keeps, treats or disposes of controlled waste

5
Duty of Care

• What does this mean for you
• Businesses have a duty to take all reasonable
  measures to-
• 1) Prevent anyone keeping, treating,
  depositing,disposing of or recovering their
  controlled waste without a waste management
  licence, an exemption or a PPC permit
• 2) Stop materials escaping from their control or
  the control of anyone else by packaging it
  appropriately and securely.

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Duty of Care

• 3) Ensure that waste is only transferred to an
  authorised person such as a registered waste
  carrier or an appropriately authorised site.
• 4) Ensure that the waste being transferred is
  accompanied by a written description that will
  enable anyone receiving waste to dispose of it or
  handle it in accordance with their own duty of
  care.

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Duty of Care

• The transfer notes must be keep for a minimum of
  two years
• What the transfer note needs to include-
• An adequate description of the waste
• Contain an List of waste code
• Include the amount of waste that is being passed
  on
• Identify the carrier of the waste
• Identify the person you are passing the waste on
  to
• The address where the material was transferred
  to and the date and time of the transfer

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Duty of Care

• The Key Offences
• Failure to keep/produce waste transfer notes
• Inadequate waste description
• Incorrect EWC codes
• Escape of waste
• Failure to pass waste to an authorised person

9
Waste Carriers

• The legislation
• Section 1 of the Control of Pollution Amendment
  1998 makes it an offence for any person who is
  not a registered waste carrier to transport
  controlled waste in the course of his/her
  business, or otherwise with a view to profit, to
  or from any place in Great Britain.

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Waste Carriers

• The EAs role and the Registration process
• We maintain a register of all the registered
  carriers and can confirm if a carrier is
  registered
• The application fee is 140 and lasts for 3 years

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Waste Carriers

• Exemptions and Exclusions
• The exclusions are when controlled waste is
  transported-
• Within the same premises
• from a country or territory outside Great Britain
  (GB) into GB
• By air or sea of controlled waste from a place
  inside GB to a place outside GB

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Waste Carriers

• Exemptions
• A Charity
• a voluntary organisation
• The producer of the controlled waste in question
  except where it is building or demolition waste.

13
More Information

• http//www.netregs.gov.uk/netregs/275207/275430/74
  7582/752973/?lang_e
• Defra http//www.defra.gov.uk/environment/waste/m
  anagement/doc/index.htm
• EWC code guidance
• http//www.environment-agency.gov.uk/business/4443
  04/444641/595811/1397154/
• Can check carrier registration with Environment
  Agency on NCCC number 08708 506506 or waste
  carrier check on line at
• http//www2.environment-agency.gov.uk/epr/index.a
  sp?lang_e
• http//www.environment-agency.gov.uk/business/4442
  17/444663/1106248/1106255/
• http//www.dti.gov.uk/innovation/sustainability/we
  ee/page30269.html