Landfill Directive and Hazardous Waste
August 1st 2004

Landfill legislation has been amended to implement a new stage in the Landfill Directive from 16 July 2004. Landfill operators are now banned from the co-disposal of hazardous wastes with other types of waste. This will have a significant impact on UK businesses, as waste disposal costs are likely to increase. Along with the banning of co-disposal, other changes will affect what is classed as hazardous waste, and how this waste will need to be managed.

What is the Legislation?

This legislation applies to the management of hazardous wastes. The Landfill Directive bans landfill operators from mixing hazardous wastes with other inert or non-hazardous wastes in landfills (known as co-disposal). All hazardous waste sent to landfill will have to be pre-treated and must meet specified Waste Acceptance Criteria. Producers of hazardous waste and non-hazardous waste have a Duty of Care to ensure that any waste they produce is managed in a responsible and compliant manner. This means that businesses must understand what their waste management contractors can and cannot do.

In addition to the Landfill Directive , there is a change in the way that wastes are classified as hazardous. New regulations in England, Wales and Northern Ireland will replace the Special Waste Regulations. These are concerned with the tracking and movement of hazardous waste. Consultation on the draft regulations will commence this summer.

Under another directive, it is likely that many more businesses will find themselves classed as hazardous waste producers. This will certainly be the case if your business activities involve pre-processing, mixing or any other operations which cause a change in the nature or composition of the waste that result in making it hazardous.

What is hazardous waste?

Waste is hazardous when it contains properties that might make it harmful to our health or the environment. The European Commissions directive is based on a list of hazardous wastes. Many of these wastes were already regarded as special waste in the UK and are collected separately.

However, the European Commission has recently revised its list of hazardous wastes and incorporated it into the European Waste Catalogue. The revised list includes a number of waste streams not previously considered to be hazardous, for example, fluorescent tubes, television sets, batteries and computer monitors.

What are the implications for UK businesses?

The Landfill Directive ban on co-disposal became effective on 16 July 2004. If your business disposes of hazardous waste to landfill it will be directly affected by this new legislation. If your business produces hazardous waste that is managed in other ways, it may still be indirectly affected. You should check with your waste management contractor about what the cost implications will be for you as a hazardous waste producer.

New regulations will come into force throughout England, Wales and Northern Ireland that will replace current controls in the Special Waste Regulations.

In Scotland, new arrangements came into force on 1 July 2004 under the Special Waste Amendment (Scotland) Regulations 2004. In England, the Hazardous Waste Regulations are expected to come into force by summer 2005. Separate regulatory arrangements are being prepared for Wales and Northern Ireland.

In the next few months, Defra and the Environment Agency will publish a consultation paper that outlines arrangements for England, including:

n The changes to the special waste regime

n Procedures for registration of sites where hazardous waste is produced

n Timescales for implementation

A similar consultation will take place in Wales. The legislation is expected to come into force on the same day in both countries.

What are the likely costs?

Most businesses may have to consider price rises for their hazardous waste particularly as a result of the requirements of the Landfill Directive. Estimated costs to your business are expected to be:

n A three-fold increase in landfill prices per tonne from July onwards

n A potential further doubling in price from 2005

The reasons for these rises are:

n Increased costs for transport of waste

n Pretreatment of hazardous waste

n Alternative waste management options (eg incineration instead of landfill)

n Process changes

What are the advantages of acting now?

Cost reductions

Acting now and planning ahead can reduce the costs of implementing the necessary process changes needed to reduce the impact of the legislation.

Stronger customer relationships

Make a positive impact on your customers through consulting with stakeholders on proposed process changes intended to reduce the environmental impact of your business through production of less waste.

Risk reductions

Unnecessary increased costs and the risk of non-compliance can be avoided if you take action now to find out about the legislation and what action you can take to reduce the impact on your business.

THE LONGER YOU DELAY ACTION, THE HIGHER YOUR COSTS COULD BE.

So, what do I do next?

Alert your technical and operations managers to the legislation and ask them to report back to you in detail on:

n What action to take and how quickly you need to take it

n Procedures for compliance with the Duty of Care

n The cost implications and how these can be minimised by taking action

n The business threats from increased costs and competition

n The competitive advantages to be gained from taking action

Where can I go for help?

The information supplied here is taken from the Envirowise publication Hazardous Waste Management essential information for businesses GG469. The guide contains further information and a list of organisations to turn to for support. You can order this guide through the Environment & Energy Helpline on 0800 585794 or download it from the Envirowise website www.envirowise.gov.uk/hazwaste

Envirowise are also offering a new service to businesses FastTrack Hazardous Waste Reviews. These free, confidential on-site visits are available to small and medium sized companies. An independent advisor will identify avoidable hazardous wastes and find potential cost savings for your business.

Hundreds of companies have already received Fasttrack visits to minimise their waste and over 3m potential savings have been identified.

To obtain further information about a FastTrack Hazardous Waste Review or to discuss a visit contact the Environment and Energy Helpline on 0800 585794 or visit www.envirowise.gov.uk/hazwaste . Envirowise is here to help you understand the legislation and minimise your waste. If you have any questions about the legislation please call the Environment and Energy helpline.

Envirowise is a UK government funded programme that provides free, independent, confidential advice to help businesses minimise waste and become more resource efficient.

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