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Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
Consultation on Zero Waste Regulations
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Consultation on Zero Waste Regulations

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  • 1. Regulations to Deliver Zero WasteA Consultation on the proposed Zero Waste (Scotland) Regulations 2011
  • 2. PurposeThe Zero Waste Plan, published on 9 June 2010, set out the strategicdirection for waste policy for Scotland and proposed 22 actions to be taken todeliver it. This consultation covers 3 of those actions relating to theintroduction of regulatory measures to:• require source segregation and separate collection of specified waste materials;• restrict input to landfill (effectively banning materials which could be re-used or recycled or which could be used to produce energy); and• restrict inputs to Energy from Waste facilities (effectively banning materials which could be re-used or recycled).Consultation ArrangementsPlease send your views and comments on the proposals in this paper to: Zero Waste Delivery Team Scottish Government Area 1-H Victoria Quay EDINBURGH EH6 6QQ Tel: 0131 244 0205 Fax: 0131 244 0245 E-mail: EQCAT@scotland.gsi.gov.ukResponses should be made on the attached Respondent Information Formand returned to us by 28 February 2011. Earlier responses would bewelcome.
  • 3. 1.0 A Vision for a Zero Waste ScotlandThis vision describes a Scotland where resource use is minimised, valuableresources are not disposed of in landfills, and most waste is sorted into separatestreams for reprocessing, leaving only limited amounts of waste to go for mixedwaste treatment, energy from waste and landfill.A zero waste Scotland will: • be where everyone – individuals, the public and business sectors – appreciates the environmental, social and economic value of resources, and how they can play their part in using resources efficiently; • reduce Scotland’s impact on the environment, both locally and globally, by minimising the unnecessary use of primary materials, reusing resources where possible, and recycling and recovering value from materials when they reach the end of their life; • contribute to sustainable economic growth by seizing the economic and environmental business and job opportunities of a zero waste approach.Successful implementation of Scotland’s Zero Waste Plan 2010 will help Scotland toachieve sustainable economic growth. Recycling represents a huge opportunity toreduce dependency on imports and deliver a sustainable supply of basic rawmaterials.At the heart of the Zero Waste Plan is a change of mindset, a need for every one ofus to start viewing waste as a potential resource and to think about how to use thatresource most efficiently. Many businesses, individuals and public sectororganizations are already making this shift and their leadership and achievementsmust be replicated across Scotland. 3
  • 4. 2.0 Introduction2.1 The Zero Waste Plan 2010Scotland has already embarked on the journey towards a more sustainable approachto waste and resources. Recycling rates continue to rise, volumes of waste beingsent to landfill are declining, and as a society we are increasingly aware of theenvironmental impact of our activities.However, despite this progress, recyclable materials continue to be landfilled. TheZero Waste Plan is underpinned by a determination to achieve the best overalloutcomes for Scotland’s economy and environment by making best practical use ofthe approach in the waste hierarchy: prevention, reuse, recycling and recovery.The Zero Waste Plan sets out Government’s intention to develop regulatorymeasures to drive source segregation, implement a phased programme of landfillbans and ensure that only waste which could not have been recycled is incinerated.Zero Waste Plan Action 4: The Scottish Government will introduceprogressive bans on types of materials that may be disposed of in landfill, andassociated support measures, to ensure that no resources with a value forreuse or recycling are sent to landfill by 2020.Zero Waste Plan Action 8: To support the introduction of landfill bans, theScottish Government will introduce regulations to drive separate collectionand treatment of a range of resources in order to maximise their reuse andrecycling value, and generate market supply. The initial focus will be onseparate collection of food waste, in order to recover its material and energyvalue and avoid contamination of other waste materials.Zero Waste Plan Action 14: The Scottish Government will introduceregulatory measures to support the delivery of landfill bans, by ensuringenergy from waste treatment is only used to recover value from resources thatcannot offer greater environmental and economic benefits through reuse orrecycling. These measures will supersede the current 25% cap whichcurrently applies only to municipal waste, and are likely to result in similaramounts of resources being available for energy from waste treatment.The following consultation contains a package of regulatory measures to deliverthese actions. They will initiate a step change in how waste will be managed inScotland by aiming to: • Maximise the quantity and improve the quality of materials available for recycling. • Make sure that materials which could have been recycled are not wasted. • Protect the environment by ensuring that only suitable waste streams are finally disposed of in landfill. • Provide greater certainty for investment in infrastructure • Manage waste according to its resource value and not according to where it came from. 4
  • 5. The proposed regulations work together with other policy instruments (e.g. landfill taxand recycling targets) to help achieve a zero waste Scotland and drive investmenttowards the most sustainable waste management solutions for Scotland in the longterm. Each measure should not be seen in isolation; they are package ofinterdependent and complementary measures.The regulatory amendments suggested have been informed by research work carriedout by Eunomia Consulting on landfill bans1. Their research indicated landfill bans,when coupled with a “requirement to sort”, would deliver net environmental andfinancial benefits. The work focuses on defining waste by material type (to conserveresources) or property (to protect the environment from the impacts of disposal).2.2 The draft statutory instrumentsThere are two new statutory instruments proposed: 1. The proposed Zero Waste (Scotland) Regulations 2011 amend the: • Environmental Protection Act 1990 • Waste Management Licensing Regulations 1994 • Pollution Prevention and Control (Scotland) Regulations 2000 • Landfill (Scotland) Regulations 2003 and 2. In addition, the Environmental Protection (Duty of Care) Regulations 1991 are replaced by the proposed Environmental Protection (Duty of Care) (Scotland) Regulations 2011.Drafts of these statutory instruments are contained in Appendix 1.2.2 Summary of proposed regulatory measuresThe proposed regulatory measures take a resources based approach to managingwastes from all sectors. In an all waste approach, waste can be broadly split into twocategories – sorted materials for recycling and unsorted waste requiring furtherrecovery and disposal. The proposed regulations reflect this split by taking a twopronged approach: (a) to maximise recycling and (b) to maximise resource recoveryand protect the environment through treatment of unsorted waste. ScottishGovernment therefore proposes regulations to require: 1. Source segregation and separate collection of the key recyclable materials. These materials are paper and card, glass, metals and plastics. Food waste is also targeted due to the environmental benefits of managing biowastes separately. Source segregation is a crucial component of a successful recycling strategy because it enables the quality of the materials to be maintained. Making source segregation and separate collection a statutory duty aims to maximize the quantities of high quality materials available for reprocessing. This will provide additional support for the recycling industry by helping to secure supplies of high value materials. Consultees are asked to note specifically that different requirements will apply to household waste collected by local authorities. More details are in sections 5.0 and 6.0.1 http://www.wrap.org.uk/downloads/FINAL_Landfill_Bans_Feasibility_Research.f66a6ebf.8796.pdf 5
  • 6. 2. A ban on mixing separately collected recyclable materials. Once recyclable materials have been segregated, they must be managed in a way which does not compromise their quality. The proposed regulations will give SEPA statutory powers to include conditions in environmental permits to make sure that source segregated materials are not mixed with other wastes or materials in a way which would hinder their recycling potential. More details are in section 7.0 3. A ban on landfilling the key recyclable materials. This supports the upstream measures taken to maximise levels of quality recycling by banning those same materials from landfill when source segregated and separately collected. More details are in section 8.0. 4. A restriction on the inputs to energy from waste (EfW) facilities. Not all recyclable waste is segregated at source and in some cases it will end up in the unsorted waste stream. To ensure waste materials which could have been reused or recycled are not incinerated, EfW inputs will be restricted, through the environmental Permit, to residual waste and other suitable single stream wastes such as contaminated wood. This restriction means that unsorted waste will not be able to go directly for EfW without first being pre- treated. This provides a second opportunity to remove recyclate missed at the source segregation stage and ensure that Scotland does not simply move from mass landfill to mass incineration. More details are in section 9.0 5. A property based ban on waste disposed of to landfill based on organic content. This is proposed in order to protect the environment from the potential impacts of landfilling biodegradable waste. This will reduce both the volumes and biodegradability of waste being sent to landfill. More details are in section 10.0Under these proposals, much less waste will be transported directly from producer toincineration or landfill. Source segregation will drive greater volumes of recyclablematerials to appropriate treatment for recycling. Unsorted wastes will be pre-treatedto extract recyclable material, produce Refuse Derived Fuel and reducebiodegradability of the landfilled fraction. These measures constitute acomplementary package which will drive sustainable economic growth andencourage Scotland to become one of the most resource efficient economies inEurope.2.3 Lead-in times for the proposed regulatory measuresIntroducing these measures will require appropriate lead-in times. ScottishGovernment’s aim in setting the timings for introduction is to balance the need forenvironmental improvement with the time required for local authorities and thewaste management industry to make the necessary adjustments to their practicesand to develop the alternative infrastructure.For example, the landfill bans research referenced above suggested a lead-in timeof 7-10 years for the case of a ban on the whole category of biodegradable waste.In this scenario, it is also desirable for recycling levels to be already relatively highto allow for the resource efficiency gains from recycling (paper and card) andcomposting and anaerobic digestion (of source separated green and food waste)to be fully realised. 6
  • 7. A proposed timeline for the landfill bans is illustrated here:Views are sought from consultees regarding timings of introduction for each of thefive proposed regulatory measures outlines above. 7
  • 8. 3.0 Waste Flows and Policy/Regulatory Drivers Note: the diagram shows the waste flows and regulatory / policy intervention points discussed in this paper and does not show all possible waste / material flows in the economy 8
  • 9. 4.0 Consultation QuestionsQ1. Are there any other materials or waste streams which should be included in these requirements to sort and separately collect?Q2. Food waste is required to be presented in a dedicated container. Are there any other recyclable materials which should be sorted and presented separately for collection in a dedicated container?Q3. Do consultees have any comments on the new draft Duty of Care Code of Practice?Q4. Do consultees consider that Government should mandate more specifically what actions waste collection authorities must take to improve recycling of waste from households? If so, what are they?Q5. What additional measures, if any, should Government consider in order to oblige householders to recycle?Q6. Do consultees agree that banning the listed materials accompanied by a “requirement to sort” will be effective in achieving high recycling rates? If not, what additional or alternative measures could be adopted?Q7. Do consultees consider that banning the listed materials accompanied by a requirement to sort will help support investment in the infrastructure required to achieve high recycling rates?Q8. What pre-treatment do consultees consider is necessary in order to ensure that only residual waste is managed in EfW facilities?Q9. Do consultees agree that this is an appropriate measure to prevent over- provision of residual waste management infrastructure?Q10. What single stream waste, such as contaminated wood, do consultees consider are appropriate for EfW?Q11. Scottish Government intends that the EfW restrictions will apply immediately to any new installation. What transitional period should be allowed for existing EfW installations to comply with the regulations?Q12. Do consultees consider that the lead-in times for the landfill bans are reasonable?Q13. What test method do consultees consider should be used to assess the level of biological activity?Q14. Do consultees have any other comments? 9
  • 10. 5.0 Source Segregation and SeparateCollection5.1 What is Proposed?Prioritising high levels of closed loop recycling is central to achieving a zero wasteScotland. The higher the quality of the waste materials collected for recycling thegreater the environmental benefit. Recycling reduces the use of virgin materials andenergy required to extract and process raw materials.The producer of waste, through their management at source, ultimately determinesthe value which can subsequently be derived from it. In order to maintain a highresource value, it is vital that recyclable materials are separated from other wastes atsource. This key action underpins the whole drive towards a zero waste Scotland. Itsupports market demand for high quality and high value recyclate and is the best wayto achieve high recycling rates.Clean, uncontaminated recyclable materials command higher prices in the recyclingmarkets. Therefore, producers who source segregate may find that they can reducetheir costs of waste collection and disposal. Many waste management companies inScotland already offer separate collection services and have reduced wastemanagement costs for many of their customers.In order to give a clear signal to stakeholders about the importance of the zero wasteobjective of maximising the quantities of high quality recyclable materials sourcedfrom Scotland, the Scottish Government is proposing legislative change.An extended Duty of Care on all waste producers (other than householders) willrequire source segregation of the key recyclable materials. This statutoryrequirement is intended to place a general responsibility for everyone to do the bestthey can with their recyclable wastes and will require a significant change of mindset.No longer will it be acceptable to fill one mixed waste bin with all waste streams. Thisreform will drive a step change in the way trade waste management operates inScotland for both producers and the waste industry.These legislative amendments are supported by a new statutory Duty of Care Codeof Practice made under section 34(7) of the EPA 1990 which replaces all previousversions applicable in Scotland. The CoP also forms part of this consultation.5.2 What do the regulations say?Regulation 2 of the draft Zero Waste (Scotland) Regulations 2011 makes thefollowing amendment to section 34 of the Environmental Protection Act 1990.2.—(1) The Environmental Protection Act 1990(2) is amended as follows. (2) After section 34(1) insert— ì(1A) In subsection (1), references to a written description of the waste include text thatis— (a) transmitted by electronic means;2() 10
  • 11. (b) received in legible form; and (c) capable of being used for subsequent reference.î. (3) After section 34(2) insert— ì(2A) Subject to subsection (2D), it shall be the duty of any person who producescontrolled waste (other than an occupier of domestic property in respect of waste produced on thatproperty) to present the following wastes for collection separately from all other wastes:— (a) glass; (b) metals; (c) plastics; (d) textiles; (e) paper; and (f) card (including cardboard).(2B) Subject to subsection (2D), it shall be the duty of any person carrying on an undertakingwhose activities consist of or include food production, food retail, food distribution or wholesalingor food preparation to present the food waste produced by that person in the course of that activityfor collection separately from all other wastes.(2C) Subject to subsection (2D), it shall be the duty of any person who carries controlled waste tocollect and carry separately from other types of waste those types of waste which have beenpresented for collection separately in accordance with either subsection (2A) or (2B).(2D) The duties contained in subsections (2A) to (2C) do not apply to the extent that compliancewith them would be unreasonable.î. (4) After section 34(5) insert—ì(5A) The Scottish Ministers may, by regulations, make provision imposing requirements on anyperson who is subject to any of the duties imposed by subsections (2A) to (2C) as respects themaking and retention of documents and the furnishing of documents or copies of documents.î. (5) After section 34(6) insert— ì(6A) Any person who fails to comply with any of the duties imposed by subsections (2A)to (2C) or with any requirement imposed under subsection (5A) shall be liable on summaryconviction to a fine not exceeding level 5 on the standard scale.î. (6) In section 34(7), for “the duty imposed on them by subsection (1) above” substitute “theduties imposed on them by subsection (1) and subsections (2A) to (2C)”.5.3 Who does the new Duty apply to?This Duty applies to all waste producers with the exception of householders. Thismeans that for example, all shops, offices, factories, restaurants, schools andhospitals must comply with this new duty. For more information on how sourcesegregation will be increased for waste from households, please see Section 6.0.The requirement to source segregate food waste is targeted specifically on thoseundertakings involved in food production, food retail or food preparation. Thisincludes food manufacture, canteens, kitchens, schools, restaurants andsupermarkets.The Duty also applies to waste carriers who collect source segregated materials.Waste collectors must make sure that the efforts made by producers to sourcesegregate are not undermined once those materials are collected and transported. 11
  • 12. 5.4 What do waste producers have to do?Under these proposals waste producers have a new statutory duty to:• Present glass, metal, plastic, textile, paper and card for collection separately from all other wastes.• Present food waste for collection separately from all other wastes if carrying on an activity consisting of food production, food retail or food preparation.In order to comply with this Duty, it will be necessary to have separate containers forthe listed recyclable wastes. With the exception of food waste, which must becollected in a dedicated container, it is satisfactory under this duty for the listedrecyclable wastes to be collected in the same container as each other. This is called‘co-mingling’. The co-mingled wastes will be separated either at the kerbside orfurther treated at a Materials Recovery Facility (“MRF”).5.5 What must waste collectors/carriers do?Under these proposals waste carriers have a new statutory duty to:• Collect and carry source segregated recyclable materials separately from other wastes.• Provide a suitable collection service to their customers.It is the duty of a waste carrier to collect and carry separately the listed recyclablewaste materials where these have been segregated by the producer. As a carrier ofwaste you have a duty to ensure that these recyclable materials are notcontaminated with other wastes whilst you are the holder.A breach of the Duty of Care may result in enforcement action being taken. Inaddition to the penalties under the Environmental Protection Act 1990 carriers couldalso lose their registration to carry waste.5.6 What will happen to the recyclable waste after collection?To further complement efforts to source segregate and separately collect, wastemanagers will be prohibited from mixing these source segregated wastes withunsorted wastes at a transfer station. Further, these source segregated materials arebanned from landfill. These measures ensure that recyclable waste separated atsource is directed towards recycling.5.7 Consultation questionsQ1 Are there any other materials or waste streams which should be included inthese requirements to sort and separately collect?Q2 Food waste is required to be presented in a dedicated container. Are there anyother recyclable materials which should be sorted and presented separately forcollection in a dedicated container?Q3 Do consultees have any comments on the new draft of the Duty of Care Code ofPractice? 12
  • 13. 6.0 Household waste collected by Local Authorities6.1 What is proposed?The Duty of Care (as described in the previous section) applies in only a very limitedsense to individual householders. Waste from households is almost always collectedby, or on behalf of, local authorities. Therefore, a different regulatory mechanism isproposed for waste from households.The proposed regulation amends Section 45 of the Environmental Protection Act1990 to require Scottish waste collection authorities to take all technically,environmentally and economically practicable measures to provide separatecollection services to households for the listed recyclable materials.Local authorities provide services to a wide range of different housing circumstancesbased on geographic and socio – economic variables. Best practice guidance forcollection systems, which optimise capture of recyclates and ensure that the qualityof the material is not compromised, is being developed by Zero Waste Scotland.This work will help local authorities design whole collection systems (for recyclate /“sorted” waste and mixed / “unsorted” waste) which have both environmental andeconomic benefits.The Zero Waste Plan makes it clear that the focus of municipal waste policy hasmoved away from landfill diversion towards maximising levels of high qualityrecycling. Levels of high quality recycling can be maximised through separation andcollection systems which keep materials clean and free from contamination. Thisrequires a change of mindset for both local authorities and the householders beingprovided with the service.6.2 What do the regulations say?Regulation 2 of the draft Zero Waste (Scotland) Regulations 2011 makes thefollowing amendment to section 45 of the Environmental Protection Act 1990 Separate collection of recyclable waste: Scotland (7) After section 45B insert—ìSeparate collection of recyclable waste: Scotland45C.—(1) This section applies to any waste collection authority whose area is in Scotland (“aScottish waste collection authority”). (2) Subject to subsection (5), where a Scottish waste collection authority has a duty byvirtue of section 45(1)(a) to arrange for the collection of household waste from any domesticproperty, the authority shall ensure that the arrangements it makes in relation to that propertyinclude arrangements for the provision of receptacles to the occupier of that property which willenable the occupier to present— (a) the wastes referred to in subsection (3) for collection separately from all other wastes;and 13
  • 14. (b) food waste for collection separately from all other wastes.(3) The wastes are: (a) glass; (b) metals; (c) plastics; (d) textiles; (e) paper; and (f) card (including cardboard).(4) Subject to subsection (5), where a Scottish waste collection authority is subject to the duty setout in subsection (2) it shall collect and carry separately from other types of waste— (a) wastes referred to in subsection (3) which are presented for collection separatelyfrom other types of waste by the occupier of that property; and (b) food waste which is presented separately for collection by that occupier.(5) Subsections (2) and (4) do not apply to the extent that separate collection and carriage wouldnot be technically, environmentally or economically practicable.î.6.3 Why is this change of focus important?The environmental benefits of reducing reliance on primary resources throughrecycling are well established. The Waste Framework Directive 2008/98/ECrequires Member States to put in place measures to promote high quality recycling.Key materials identified as being readily recyclable are paper, metal, plastic andglass. The Directive also promotes better management of biowaste (biodegradablepark and garden waste, food and kitchen waste).Due to the requirements of the Landfill Directive, the focus, up to now, has been onreducing the amount of biodegradable municipal waste going to landfill. This has ledto the development of some waste management options which do not maximise theresource value of the materials contained in the waste, despite nominally meeting thetargets of the Landfill Directive. Scottish Government considers that diverting wastefrom landfill is not always the same as recycling.The focus for local authorities will shift from diversion of Biodegradable MunicipalWaste from landfill and towards achieving high levels of closed loop recycling. Thisdirects efforts towards activities which are further up the waste hierarchy than landfilldiversion. Greater source segregation of recyclable materials, food and green wastewill also be necessary to meet the targets set out in Annex A of the Zero Waste Plan.6.4 What will happen to the recyclable waste after collection?Consultees are asked to note that this regulatory approach only differentiatesbetween waste from households and waste from commercial & industrial premises atthe source segregation and separate collection stage. Once collected, the ZeroWaste Regulations deal with all waste, regardless of its origin, in the same way -based on its properties and management method, and not based on its source.This illustrates one of the differences between this approach under the Zero WastePlan and earlier strategic approaches to waste. Earlier waste strategies focusedmainly on municipal waste management, the driver being the Landfill Directiverequirements to divert biodegradable municipal waste out of landfill. The Zero Waste 14
  • 15. Plan takes an all waste approach ensuring that the same treatment standards areapplied and the regulatory requirements are the same for all wastes – regardless ofwhether the waste is household, municipal or commercial & industrial.Therefore, once the household waste has been collected the same requirements asdescribed in section 5.6 apply. Waste managers will be prohibited from mixing thesesource segregated wastes with unsorted wastes at a transfer station and the sourcesegregated materials are banned from landfill.6.5 Consultation QuestionsQ4 Do consultees consider that Government should mandate more specifically theactions waste collection authorities must take to improve recycling of waste fromhouseholds? If so, what are they?Q5 What additional measures, if any, should Government consider in order tooblige householders to recycle? 15
  • 16. 7.0 Ban on mixing separately collected recyclables7.1 What is proposed?It is important that sorted recyclables are not contaminated after efforts have beenmade both to segregate materials at source and to collect and transport themseparately from other wastes and materials.These regulatory provisions mean that any environmental permit for wastemanagement will include condition(s) to prohibit the mixing of separately collectedwastes with other waste where such mixing would hinder future recycling. Theseensure that efforts put into source separation are not undermined later by poormanagement.7.2 What do the regulations say?Regulation 3 of the draft Zero Waste (Scotland) Regulations 2011 makes thefollowing amendment to the Waste Management Licensing Regulations 1994Amendment of the Waste Management Licensing Regulations 19943.—(1) The Waste Management Licensing Regulations 1994(3) are amended as follows.(2)After regulation 12D insert—ìConditions of [waste management] licences: separately collected wastes12E.—(1) SEPA shall ensure that any [waste management] licence granted or varied on orafter…..contains such conditions as it considers necessary to ensure that waste which has beencollected and carried separately from other types of waste in accordance with section 34(2C) orsection 45C(4) is not mixed with any other type of waste or material, to the extent that suchmixing would hamper further recovery. (2) Any [waste management] licence which is in force on….. is modified so as to include,as a condition of the licence until it is next varied, the following condition: ìThe mixing of any waste which has been collected and carried separately from other types of waste in accordance with section 34(2C) or section 45C(4) of the Environmental Protection Act 1990 with any other type of waste or material is prohibited to the extent that such mixing would hamper further recovery.î. (3) In the event of any inconsistency between the condition set out in paragraph (2) andany other condition of the licence, that other condition shall be superseded by the condition set outin paragraph (2) to the extent of such inconsistency.î.(3) After regulation 17(3) insert—ì(3A) In the case of an exempt activity involving the storage, treatment, recovery or disposal ofwaste by a person at a site other than the place at which that waste was produced, paragraph (1)applies only if that person ensures that waste which has been collected and carried separately fromother types of waste in accordance with section 34(2C) or section 45C(4) is not mixed with anyother type of waste or material to the extent that such mixing would hamper further recovery.î.Regulation 4 of the Zero Waste (Scotland) Regulations 2011 makes the followingamendment to the Pollution Prevention and Control (Scotland) Regulations 2000:3() 16
  • 17. Amendment of the Pollution Prevention and Control (Scotland) Regulations 20004.—(1) The Pollution Prevention and Control (Scotland) Regulations 2000(4) are amended asfollows.(2) After regulation 9 insert—ìConditions of permits: separately collected wastes9A.—(1) SEPA shall ensure that any permit granted or varied on or after…. in respect of anyactivity falling within Schedule 1 Part 1 Chapter 5 or 6 contains such conditions as it considersnecessary to ensure that waste which has been collected and carried separately from other types ofwaste in accordance with section 34(2C) or section 45C(4) of the Environmental Protection Act1990 is not mixed with any other type of waste or material, to the extent that such mixing wouldhamper further recovery.(2) Any permit which is in force on…. in respect of any such activity is modified so as to include,as a condition of the permit until it is next varied, the following condition—ìThe mixing of any waste which has been collected and carried separately from other types ofwaste in accordance with section 34(2C) or section 45C(4) of the Environmental Protection Act1990 with any other type of waste or material is prohibited to the extent that such mixing wouldhamper further recovery.î.(3) In the event of any inconsistency between the condition set out in paragraph (2) and any otherpermit condition, that other condition shall be superseded by the condition set out in paragraph (2)to the extent of such inconsistency.7.2 What does this mean for licence / permit holders?In practice, waste managers will be required to ensure that the listed sourcesegregated recyclables are kept separate from unsorted waste streams onceunloaded at a transfer station or any other waste management facility.4() 17
  • 18. 8.0 Landfill Bans - Materials8.1 What is proposed?This consultation includes a proposal to introduce two types of landfill ban. The firsttype, which this section covers, is a series of material based bans. The second typeof ban is a property based ban based on biodegradable content (discussed in section10).The materials proposed to be banned from landfill are paper and card, glass, metal,plastics, textiles and food waste.The landfill bans research referenced in section 2.1 indicated that banning recyclablematerials from landfill is most effective when accompanied by a “requirement to sort”.These material based landfill bans therefore support the upstream requirements tosort the key recyclable materials (discussed in sections 5, 6 and 7) and are not analternative to these requirements.Practical implementation guidance on both the materials and property based landfillbans has been drafted and forms part of this consultation.8.2 What do the regulations say?Regulation 5 of the draft Zero Waste (Scotland) Regulations 2011 makes thefollowing amendment to the Landfill (Scotland) Regulations 2003:Amendment of the Landfill (Scotland) Regulations 20035.—(1) The Landfill (Scotland) Regulations 2003(5) are amended as follows.(2) After regulation 11(1)(fa) insert— ì(fb) as from…., any waste which has been collected and carried separately from other waste types in accordance with section 34(2C) or section 45C(4) of the Environmental Protection Act 1990;8.3 What materials are banned?The materials which are banned from landfill are source segregated glass, metal,plastic, textile, paper, card and food waste.It is important for consultees to understand that banning these materials from landfilldoes not mean that they must be removed from mixed/unsorted waste prior todisposal in landfill sites. Unsorted wastes arriving at landfill sites are still likely tocontain the listed materials. The bans apply only to materials which have alreadybeen sorted for recycling – either as part of the new Duty of Care or by householdersusing the service provided by their waste collection authority. The ban does not, byitself, increase levels of recycling for these key materials.Mandatory source segregation and the household waste services provided by wastecollection authorities, supported by education and enforcement will, over time,remove the listed wastes from the unsorted waste stream. In time, this unsorted5() 18
  • 19. waste will be subject to the property based ban, ensuring that it is diverted fromlandfill towards alternative treatment (see section 10).A flow diagram illustrating the materials based bans is shown below.8.4 What does this mean for landfill operators?Landfills are regulated through a permitting system under the Pollution Preventionand Control (Scotland) Regulations 2000 (PPC Regulations). Landfill permits will beamended to include permit conditions making it an offence for landfill operators toaccept these source segregated wastes for disposal at their landfill sites.8.5 How will these bans be timed?The upstream source segregation requirements for the listed recyclable materials arethe main driver for delivering high quality materials into the recycling markets.Scottish Government intends to introduce the “requirement to sort” before introducingthe corresponding landfill ban.This is in order to provide the waste management industry and local authorities withsufficient time to organise their collection services and develop the requiredadditional recycling infrastructure before the ban comes into effect.Scottish Government proposes to introduce landfill bans on source segregated dryrecyclables and food waste in 2015. This is two years after the requirement to sortenters into force. Therefore, the programme provides two years to develop collectioninfrastructure and a further two years to develop treatment infrastructure.8.6 Consultation questionsQ6 Do consultees agree that banning the listed materials accompanied by a“requirement to sort” will be effective in achieving high recycling rates? If not, whatadditional or alternative measures could be adopted? 19
  • 20. Q7 Do consultees consider that banning the listed materials accompanied by a“requirement to sort” will support investment in the infrastructure required to achievehigh recycling rates? 20
  • 21. 9.0 Energy from Waste Restrictions9.1 What is proposed?Not all waste will be sorted into separate streams for recycling. An unsorted wastestream will remain. The restrictions on EfW inputs and the property based landfill banare the proposed regulatory instruments to manage the unsorted waste stream.This section of the consultation presents the proposal to restrict inputs to EfW plants.For the purposes of the restrictions, Energy from Waste plant includes incineration,gasification, pyrolysis and other Advanced Thermal Treatment technologies. It doesnot include Anaerobic Digestion plants which treat either source segregated biowasteor the biological fraction of unsorted waste to produce a biogas which issubsequently used to generate energy.The approach to EfW under the Zero Waste Plan is not solely about using waste togenerate energy instead of fossil fuels. Energy from Waste is truly sustainable only ifthe waste which is burnt could not have been reused or recycled. Therefore, thereasons for introducing restrictions are twofold: • To conserve resources. For waste management to be sustainable in the long term, resources which could have been reused or recycled must not be incinerated. Until segregation at source becomes commonplace in all households and businesses there will be recyclable materials remaining in the unsorted waste stream. Pre-treatment will recover the remaining value from recyclable material in unsorted waste, remove non-combustibles to make a high calorific fuel and reduce the tonnage going forwards to suitable EfW technologies. • To ensure that investment in residual treatment infrastructure does not lock Scotland into supplying EfW plants with large quantities of waste in order to generate energy. Scottish Government considers that investment in infrastructure which depends on continuing high levels of unsorted waste, at the expense of delivering flexible long term solutions, could undermine the overall Zero Waste objectives. Over provision of residual waste treatment infrastructure could undermine the economic case for recycling. The quantities of unsorted waste generated will decrease over time as progress is made towards high levels of recycling (at least 70%) and waste prevention measures reduce overall waste arisings. Although EfW has an important contribution to make in managing unsorted waste and providing electricity and heat, this must not be at the expense of efforts to prevent and recycle waste which have higher overall climate change and resource efficiency benefits.Therefore, in order to ensure that waste management in Scotland does not move onestep up the hierarchy from landfill to mass incineration, Scottish Government intendsto introduce regulations which will restrict inputs to Energy from Waste (EfW) facilitiesto • Residual wastes. • Other suitable waste types. For example, it may be best to burn waste types such as treated wood and waste oil and to recover energy. 21
  • 22. This resource centered solution shows that EfW is not a substitute for high qualityrecycling achieved through source segregation and separate collection, but can becomplementary to these upstream measures.That inputs to EfW facilities should be restricted to residual waste only is not a newpolicy. What is proposed here is that practical implementation will move from the landuse planning system to regulation by SEPA of day to day operations. This proposalwill replace the 25% energy from waste cap for local authority collected municipalwaste with an approach that requires equivalent treatment standards for all wastestreams and sectors (household, commercial and industrial waste), irrespective ofwhich party collects the waste.This measure is not intended to add to current stringent environmental protectionmeasures. The existing Waste Incineration Directive standards provide robustcontrols designed to protect the environment and human health.9.2 What do the regulations say?Regulation 4 of the draft Zero Waste (Scotland) Regulations 2011 makes thefollowing amendments to the PPC Regulations: Conditions of permits: incineration and co-incineration 9B.—(1) SEPA shall ensure that any permit granted or varied on or after……for a waste incineration installation contains such conditions as it considers necessary to ensure that wastes accepted for incineration or co-incineration comprise only residual wastes or [other suitable wastes- to be defined] or both. (2) In this regulation and in Schedule 4, “residual wastes” means wastes which have been subject to all reasonably practicable efforts to extract recyclable material prior to incineration or co-incineration.î. (3) In Schedule 4 Part 1 paragraph 1B(1)— (a) in paragraph (d), omit “and”; (b) in paragraph (e), at the end insert “; and”; and (c) after paragraph (e) insert— ì(f) only residual wastes or [other suitable wastes- to be defined] are accepted by the operator.î.9.3 What is ‘residual waste’?Residual waste is defined in the draft Zero Waste (Scotland) Regulations 2011 as“wastes which have been subject to all reasonably practicable efforts to extractrecyclable material prior to incineration or co-incineration”In practical terms this means the following: • Source segregated recyclable waste cannot go to EfW. • Unsorted waste cannot go directly from the producer to EfW. • Rejects from Materials Recovery Facilities can be accepted at EfW. • Unsorted waste which has been undergone pre-treatment can be accepted at EfW. 22
  • 23. As levels of source segregation are currently low compared to the levels required tomeet the recycling objectives of the Zero Waste Plan, there remains fairly significantquantities of potentially recyclable material in unsorted waste, (i.e. black bags, litterbins, skips). There are a number of treatment technologies which can be used toextract recyclable material from unsorted waste and render the resulting wastestream “residual”. These are discussed in the accompanying implementationguidance document. Non-ferrous metals and dense plastics, which are lost during theincineration process, but which have value as recyclate, should be extracted throughpre-treatment.There may also be other materials which, although not present in large volumes, arevaluable and should be recycled. Such an example is Waste Electrical andElectronic Equipment (WEEE). Electronic gadgets may contain small quantities ofvaluable raw materials such as gold and other metals and the elements referred to asthe “rare earth metals”. These are essential in a range of high technologyapplications such as super-conductors, lasers, renewable technologies, medicalequipment, communications and defence etc. The mining and processing of thesemetals can have serious environmental consequences and, currently, most of theglobal supplies come from China. 23
  • 24. 24
  • 25. 9.5 What will this mean for EfW operators?At the gate any unsorted waste would be rejected and directed for pre-treatment.Otherwise, all waste accepted for EfW would be expected to a) have come from a compliant waste treatment plant and be declared ‘residual waste’ on the Waste Transfer Note (WTN). b) have undergone appropriate pre-treatment as a front end process at the EfW facility. c) be a suitable single stream waste such as contaminated wood, waste oil etc and declaring itself to be so on the WTN.SEPA, when regulating the inputs to incineration and co-incineration plants willperiodically audit residual waste suppliers to ensure that only suitable waste typesallowed by the permit conditions are being accepted for EfW. It will be an offenceunder the PPC Regulations to incinerate or co-incinerate waste which is not residualwaste. It is expected that incinerator operators will ensure that their suppliers eithercarry out this treatment or they do it in-house.9.6 Consultation QuestionsQ8 What pretreatment do consultees consider is necessary in order to ensure thatonly residual waste is managed in EfW facilities?Q9 Do consultees agree that this is an appropriate measure to prevent over-provision of residual waste management infrastructure?Q10 What single stream wastes, such as contaminated wood, do consulteesconsider are appropriate for EfW?Q11 Scottish Government intends that the EfW restrictions will apply immediately toany new installation. What transitional period should be allowed for existing EfWinstallations to comply with the regulations? 25
  • 26. 10.0 Landfill Bans – Measurable Property10.1 What is proposed?Scottish Government proposes to introduce a measurable property landfill ban basedon biodegradable content. This type of ban acts in the same way as a landfill ban onunsorted waste.The purpose of this landfill ban is: • to reduce the volumes of waste being landfilled by directing unsorted waste to pre-treatment. • to extract remaining resource value from the unsorted waste stream. • to protect the environment from the climate change impacts of landfilling biodegradable waste.Unsorted waste will have to be stabilised in a pre-treatment process to reduce thelevel of biological activity to a defined threshold. As with the other measuresproposed under the Zero Waste Plan, it takes an “all waste” approach and does notmake any distinction between “municipal waste” and waste from other sources.In order to define the threshold of biological activity, the draft Regulations suggestusing a Total Organic Carbon content of less than 3%. Views are sought fromconsultees on possible alternatives.Implementation guidance on this landfill ban and the material based bansdiscussed in Section 8.0 is published alongside this consultation and forms part ofit.10.2 What do the regulations say?Regulation 5 of the draft Zero Waste (Scotland) Regulations 2011 makes thefollowing amendments to the Landfill (Scotland) Regulations 2003:Amendment of the Landfill (Scotland) Regulations 20035.—(1) The Landfill (Scotland) Regulations 2003(6) are amended as follows.(2) After regulation 11(1)(fa) insert—ì(fb) ….(fc) as from…….., any waste with an organic content greater than three percent of the totalcontent;î.10.3 What does this mean?The expected outcome would be to move waste out of landfill and into alternativemixed waste treatments such as Mechanical Biological Treatment, Mechanical HeatTreatment and EfW. What alternative treatment is provided will depend on a numberof factors and will be left to the market to determine, subject to the requirement that6() 26
  • 27. any waste incinerated is ‘residual’ and any waste landfilled meets thebiodegradability threshold.Under this framework, unsorted waste treatment operators will remove recyclablematerials to produce a ‘residual’ waste stream for incineration and a stabilisedfraction for landfill. If these efforts have not been made and the waste has not beenstabilised to below the threshold, processors will not be able to describe the landfillfraction as “pre-treated prior to landfill” on the Waste Transfer Note.Plants which seek to meet this threshold through biological treatment will have todemonstrate compliance through the environmental permit. This will require a testingplan to be developed to show that the stabilised waste meets the limit under standardoperating conditions.10.4 How will biological activity be measured?7Several European countries have established standards for defining stabilisedwastes, based on measures of biological activity (see Table below). Outputs fromstabilisation processes will retain some level of biological activity. The degree towhich bio-stabilisation has occurred can be measured using a respiration index (RI).This can be either static (SRI) or dynamic (DRI). RI methods measure aerobicdegradation.The Environment Agency has developed a method which measures anaerobicdegradation, the BM100, which measures biogas production over a 100 day period.This may more accurately reflect conditions in a landfill but takes much longer tocarry out than the aerobic test methods. Country Testing Protocol Measurement Period Limit Value 1 Germany AT4 (SRI) Activity after 96 hours 5 mg O2 / g dm 1 Austria AT4 (SRI) Activity after 96 hours 7 mg O2 / g dm Italy DRI 12 data points in 24 hours 1000 mg O2 / kg VS / h 3 UK BM100 100 days N/A Cumulative activity over 96 hours (measurements 3 DR4 N/A taken using kg LOI as 2 opposed to VS) Cumulative activity over 96 35,000 – 55,000 mg/kg VS US DRI (ASTM) hours / 96 h (suggested limit) Notes: 1. dm – dry matter 2. LOI – loss on ignition; VS – volatile solids 3. The impact of MBT treatment on waste to be landfilled is taken into account for the purposes of the landfill allowance trading scheme (LATS). Under the LATS, it is assumed that 68% of untreated waste is ‘active’ or ‘biodegradable’. For treated waste, the biological activity of the material is measured before and after treatment at an MBT facility using both the BM100 (as mandatory) and the DR4 (as a correlation exercise) protocols. The percentage difference in ‘biodegradability is then7 http://www.greenstar.ie/docs/Eunomia_MBT.pdf 27
  • 28. calculated and used to measure the amount of biodegradable municipal waste sent to landfill.There may be some wastes for which landfill is the most appropriate disposaloptions but which cannot meet the threshold e.g. soil, although this will depend onthe threshold chosen. Bespoke permit conditions could also be developed on acase by case basis with SEPA if required.Views are sought from consultees about which measurement method would be mostappropriate.10.5 What does this mean in practice for landfill operators?Permit conditions will be modified to require that landfill operators accept only wasteswhich are below the defined threshold. At the landfill gate any unsorted waste (blackbag type waste) would be rejected and directed for pre-treatment. Otherwise, allwaste accepted for landfilling would be expected to: a) have come from a compliant MBT plant. b) have come from a compliant incinerator or gasifier. c) be inert in nature (and declaring itself to be so).Landfill operators will be expected to inspect both the Waste Transfer Note and thewaste visually at the gate to ensure that the incoming waste complies with the newrequirements.10.6 What does this mean for the Landfill Allowance Scheme?The Landfill Allowance Scheme (LAS) was developed to meet Landfill Directivetargets on reducing the amount of biodegradable municipal waste sent to landfill.For the purposes of the LAS, municipal waste was defined as waste managed by,or on behalf of, local authorities.Biodegradable Municipal Waste (BMW) diversion targets will be met through pre-treatment of mixed waste. Therefore, there is no need for the LAS to monitor BMW 28
  • 29. diversion or to carry out mass balance calculations for Mechanical BiologicalTreatment facilities with different process efficiencies. Scottish Governmentintends to revoke the Landfill Allowance Scheme once the new legislativemeasures to regulate waste to landfill are implemented.10.7 Consultation QuestionsQ12 Do consultees think that the timing of the landfill bans (in Section 2.3) isreasonable?Q13 What test method do consultees consider should be used to assess the levelof biological activity?Q14 Do consultees have any other comments? 29
  • 30. DRAFT – 23 NOVEMBER 2010 APPENDIX 1Draft Regulations laid before the Scottish Parliament under Schedule 2 paragraph 2(2) to theEuropean Communities Act 1972, for approval by resolution of the Scottish Parliament. DRAFT SCOTTISH STATUTORY INSTRUMENTS 2011 No. ENVIRONMENTAL PROTECTION The Zero Waste (Scotland) Regulations 2011 Made - - - - Coming into force - -The Scottish Ministers make the following Regulations in exercise of the powers conferred bysection 2(2) of the European Communities Act 1972(8) and all other powers enabling them to doso.In accordance with Schedule 2 paragraph 2(2) to that Act, a draft of these Regulations has beenlaid before and approved by resolution of the Scottish Parliament.Citation, commencement and extent 1.—(1) These Regulations may be cited as the Zero Waste (Scotland) Regulations 2011 andcome into force on . (2) These Regulations extend to Scotland only.Amendment of the Environmental Protection Act 1990 2.—(1) The Environmental Protection Act 1990(9) is amended as follows. (2) After section 34(1) insert— ì(1A) In subsection (1), references to a written description of the waste include text that is— (a) transmitted by electronic means; (b) received in legible form; and (c) capable of being used for subsequent reference.î. (3) After section 34(2) insert— ì(2A) Subject to subsection (2D), it shall be the duty of any person who produces controlled waste (other than an occupier of domestic property in respect of waste produced on that property) to present the following wastes for collection separately from all other wastes:— (a) glass; (b) metals;8()9()
  • 31. DRAFT – 23 NOVEMBER 2010 APPENDIX 1 (c) plastics; (d) textiles; (e) paper; and (f) card (including cardboard). (2B) Subject to subsection (2D), it shall be the duty of any person carrying on an undertaking whose activities consist of or include food production, food retail, food distribution or wholesaling or food preparation to present the food waste produced by that person in the course of that activity for collection separately from all other wastes. (2C) Subject to subsection (2D), it shall be the duty of any person who carries controlled waste to collect and carry separately from other types of waste those types of waste which have been presented for collection separately in accordance with either subsection (2A) or (2B). (2D) The duties contained in subsections (2A) to (2C) do not apply to the extent that compliance with them would be unreasonable.î. (4) After section 34(5) insert— ì(5A) The Scottish Ministers may, by regulations, make provision imposing requirements on any person who is subject to any of the duties imposed by subsections (2A) to (2C) as respects the making and retention of documents and the furnishing of documents or copies of documents.î. (5) After section 34(6) insert— ì(6A) Any person who fails to comply with any of the duties imposed by subsections (2A) to (2C) or with any requirement imposed under subsection (5A) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.î. (6) In section 34(7), for “the duty imposed on them by subsection (1) above” substitute “theduties imposed on them by subsection (1) and subsections (2A) to (2C)”. (7) After section 45B insert— ìSeparate collection of recyclable waste: Scotland 45C.—(1) This section applies to any waste collection authority whose area is in Scotland (“a Scottish waste collection authority”). (2) Subject to subsection (5), where a Scottish waste collection authority has a duty by virtue of section 45(1)(a) to arrange for the collection of household waste from any domestic property, the authority shall ensure that the arrangements it makes in relation to that property include arrangements for the provision of receptacles to the occupier of that property which will enable the occupier to present— (a) the wastes referred to in subsection (3) for collection separately from all other wastes; and (b) food waste for collection separately from all other wastes. (3) The wastes are: (a) glass; (b) metals; (c) plastics; (d) textiles; (e) paper; and (f) card (including cardboard). (4) Subject to subsection (5), where a Scottish waste collection authority is subject to the duty set out in subsection (2) it shall collect and carry separately from other types of waste— 31
  • 32. DRAFT – 23 NOVEMBER 2010 APPENDIX 1 (a) wastes referred to in subsection (3) which are presented for collection separately from other types of waste by the occupier of that property; and (b) food waste which is presented separately for collection by that occupier. (5) Subsections (2) and (4) do not apply to the extent that separate collection and carriage would not be technically, environmentally or economically practicable.î.Amendment of the Waste Management Licensing Regulations 1994 3.—(1) The Waste Management Licensing Regulations 1994(10) are amended as follows. (2) After regulation 12D insert— ìConditions of [waste management] licences: separately collected wastes 12E.—(1) SEPA shall ensure that any [waste management] licence granted or varied on or after…..contains such conditions as it considers necessary to ensure that waste which has been collected and carried separately from other types of waste in accordance with section 34(2C) or section 45C(4) is not mixed with any other type of waste or material, to the extent that such mixing would hamper further recovery. (2) Any [waste management] licence which is in force on….. is modified so as to include, as a condition of the licence until it is next varied, the following condition: ìThe mixing of any waste which has been collected and carried separately from other types of waste in accordance with section 34(2C) or section 45C(4) of the Environmental Protection Act 1990 with any other type of waste or material is prohibited to the extent that such mixing would hamper further recovery.î. (3) In the event of any inconsistency between the condition set out in paragraph (2) and any other condition of the licence, that other condition shall be superseded by the condition set out in paragraph (2) to the extent of such inconsistency.î. (3) After regulation 17(3) insert— ì(3A) In the case of an exempt activity involving the storage, treatment, recovery or disposal of waste by a person at a site other than the place at which that waste was produced, paragraph (1) applies only if that person ensures that waste which has been collected and carried separately from other types of waste in accordance with section 34(2C) or section 45C(4) is not mixed with any other type of waste or material to the extent that such mixing would hamper further recovery.î.Amendment of the Pollution Prevention and Control (Scotland) Regulations 2000 4.—(1) The Pollution Prevention and Control (Scotland) Regulations 2000(11) are amended asfollows. (2) After regulation 9 insert— ìConditions of permits: separately collected wastes 9A.—(1) SEPA shall ensure that any permit granted or varied on or after…. in respect of any activity falling within Schedule 1 Part 1 Chapter 5 or 6 contains such conditions as it considers necessary to ensure that waste which has been collected and carried separately from other types of waste in accordance with section 34(2C) or section 45C(4) of the Environmental Protection Act 1990 is not mixed with any other type of waste or material, to the extent that such mixing would hamper further recovery. (2) Any permit which is in force on…. in respect of any such activity is modified so as to include, as a condition of the permit until it is next varied, the following condition—10( ) 11( ) 32
  • 33. DRAFT – 23 NOVEMBER 2010 APPENDIX 1 ìThe mixing of any waste which has been collected and carried separately from other types of waste in accordance with section 34(2C) or section 45C(4) of the Environmental Protection Act 1990 with any other type of waste or material is prohibited to the extent that such mixing would hamper further recovery.î. (3) In the event of any inconsistency between the condition set out in paragraph (2) and any other permit condition, that other condition shall be superseded by the condition set out in paragraph (2) to the extent of such inconsistency. Conditions of permits: incineration and co-incineration 9B.—(1) SEPA shall ensure that any permit granted or varied on or after……for a waste incineration installation contains such conditions as it considers necessary to ensure that wastes accepted for incineration or co-incineration comprise only residual wastes or [other suitable wastes- to be defined] or both. (2) In this regulation and in Schedule 4, “residual wastes” means wastes which have been subject to all reasonably practicable efforts to extract recyclable material prior to incineration or co-incineration.î. (3) In Schedule 4 Part 1 paragraph 1B(1)— (a) in paragraph (d), omit “and”; (b) in paragraph (e), at the end insert “; and”; and (c) after paragraph (e) insert— ì(f) only residual wastes or [other suitable wastes- to be defined] are accepted by the operator.î.Amendment of the Landfill (Scotland) Regulations 2003 5.—(1) The Landfill (Scotland) Regulations 2003(12) are amended as follows. (2) After regulation 11(1)(fa) insert— ì(fb) as from…., any waste which has been collected and carried separately from other waste types in accordance with section 34(2C) or section 45C(4) of the Environmental Protection Act 1990; (fc) as from…….., any waste with an organic content greater than three percent of the total content;î. A member of the Scottish ExecutiveSt Andrew’s House,EdinburghDate12( ) 33
  • 34. DRAFT – 23 NOVEMBER 2010 APPENDIX 1 SCOTTISH STATUTORY INSTRUMENTS 2011 No. ENVIRONMENTAL PROTECTION The Environmental Protection (Duty of Care) (Scotland) Regulations 2011 Made - - - - Laid before the Scottish Parliament Coming into force - -The Scottish Ministers make the following Regulations in exercise of the powers conferred bysection 34(5) and (5A) of the Environmental Protection Act 1990(13) and section 2(2) of, andparagraph 1A of Schedule 2 to, the European Communities Act 1972(14) and all other powersenabling them to do so.These Regulations make provision for a purpose mentioned in section 2(2) of the EuropeanCommunities Act 1972, and it appears to the Scottish Ministers that it is expedient for referencesto Commission Decision 2000/532/EC(15) to be references to that instrument as amended fromtime to time.Citation, commencement and extent 6.—(1) These Regulations may be cited as the Environmental Protection (Duty of Care)(Scotland) Regulations 2011 and come into force on . (2) These Regulations extend to Scotland only.Interpretation 7.—(1) In these Regulations— “the Act” means the Environmental Protection Act 1990; “the European Waste Catalogue” means the list of wastes set out in Commission Decision 2000/532/EC establishing a list of wastes, as that instrument may be amended from time to time; “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(16), and “area” in relation to such an authority is to be construed accordingly; “SEPA” means the Scottish Environment Protection Agency;13( ) 14( ) 15( ) 16( )
  • 35. DRAFT – 23 NOVEMBER 2010 APPENDIX 1 “SIC code” means the relevant code included in the UK Standard Industrial Classification of Industrial Activities 2007 (SIC 2007) published by the Office for National Statistics on 14th December 2007 and implemented on 1st January 2008(17); “transferor” and “transferee” mean respectively, in relation to a transfer of controlled waste by a person who is subject to the duty in section 34(1) of the Act, the person who transfers the waste and the person who receives it. (2) References to any document being signed include references to [provision for electronicsignatures?].Transfer Notes 8.—(1) Subject to paragraph (4), the transferor and the transferee must, at the same time as thewritten description of the waste is transferred, ensure that such a document as is described inparagraphs (2) and (3) (“a transfer note”) is completed and signed on their behalf, [and that a copyis provided to any person carrying the waste when that person uplifts it]. (2) A transfer note must— (a) give the name and address of the transferor and the transferee; (b) state whether or not the transferor is the producer or importer of the waste, and if so which; (c) if the transfer is to a person for authorised transport purposes, specify which of these purposes; (d) identify the type of activity which produced the waste by reference to the SIC code; (e) identify the geographical location of that activity by reference to the postcode at which and local authority area within which it is carried on; (f) identify the waste to which it relates by reference to the appropriate six-digit codes in the European Waste Catalogue and state— (i) its quantity and whether on transfer it is loose or in a container; (ii) if in a container, the kind of container; and (iii) the time [date?] and place of transfer; (g) state whether or not the waste consists of or includes any waste which requires [specialist treatment]; (h) state whether the waste consists of or includes waste of any of the types listed or referred to in section 34(2A) or (2B) of the 1990 Act which was presented for separate collection by the waste producer in accordance with those provisions; (i) state whether the waste is intended to be incinerated or co-incinerated, and if so whether it consists only of waste which has been subject to all reasonably practicable efforts to extract recyclable material prior to incineration or co-incineration or of [other suitable waste - to be defined]; (j) state whether the waste is intended to be landfilled, and if so whether it complies with regulation 11(1)(fb) and (fc) of the Landfill (Scotland) Regulations 2003(18); and (k) give the initial destination and holder of the waste, including the address, any site name and the issuing authority and number of any [relevant] licence or permit issued by SEPA, the Environment Agency or, in Northern Ireland, the Department of the Environment. (3) A transfer note must also state as respects the transferor and the transferee which, if any, ofthe categories shown in column 1 of the following Table describes him or her and provide anyrelevant additional information specified in column 2 of the Table.TABLE17( ) ISBN 0116216417. 18( ) 35
  • 36. DRAFT – 23 NOVEMBER 2010 APPENDIX 1Category of person Additional informationA local authorityThe holder of a waste management licenceunder section 35 of the Act or a disposal licenceunder section 5 of the Control of Pollution Act1974(19)The holder of a permit under the PollutionPrevention and Control (Scotland) Regulations2000(20) which authorises the carrying out of aspecified waste management activity within themeaning of those RegulationsA person to whom section 33(1)(a) and (b) ofthe Act does not apply by virtue of regulationsunder subsection (3) of that sectionA person registered as a carrier of controlled The name of the waste regulation authority withwaste under either section 2 of the Control of whom that person is registered and thePollution (Amendment) Act 1989(21) or registration numberSchedule 4 paragraph 12 to the WasteManagement Licensing Regulations 1994(22) (4) Paragraph (1) does not apply where the waste transferred is special waste within the meaningof the Special Waste Regulations 1996(23) and the consignment note and, where appropriate,schedule required by those Regulations are completed and dealt with in accordance with thoseRegulations.Duty to keep copies of written descriptions of waste and transfer notes 9. The transferor and the transferee must each keep the written description of the waste and thetransfer note or copies of them for a period of [two] years from the date of transfer of the waste.[Duty to carry transfer notes 10. Any person who carries [controlled] waste and who has received a copy transfer note underregulation 3(1) must carry that copy with the waste and must produce it to any officer of SEPA onrequest.]Duty to furnish documents 11.—(1) A person who has been requested by SEPA to produce any document which that personis required to keep under regulation 4 must furnish SEPA with it, or with a copy of it, as soon asreasonably practicable and in any case within 7 days or such longer period as may be permitted bySEPA. (2) Any document required to be produced under paragraph (1) must be given to an officer ofSEPA or sent to an address specified by SEPA in writing when making the request. (3) In this regulation, “writing” includes text that is— (a) transmitted by electronic means; (b) received in legible form; and19( ) 20( ) 21( ) 22( ) 23( ) 36
  • 37. DRAFT – 23 NOVEMBER 2010 APPENDIX 1 (c) capable of being used for subsequent reference.Revocation 12. The Environmental Protection (Duty of Care) Regulations 1991(24) are revoked.[Transitionals?] A member of the Scottish ExecutiveSt Andrew’s House,Edinburgh 201124( ) 37
  • 38. Duty of Care – A Code of Practice 38
  • 39. 1.0 IntroductionThis “Duty of Care: A Code of Practice” is made under section 34(7) (as amended) ofthe Environmental Protection Act 1990 and replaces all previous versions applicablein Scotland. This Code of Practice applies in Scotland only. You should have regardto this Code if you produce, store, transport or manage waste in Scotland.The Code is made under statute and under section 34(10) of the Act is admissible asevidence in court and the court shall take it into account in determining any questionsto which it appears to be relevant. The intention is that the Code will assist the courts,when hearing cases under Section 34 of the 1990 Act, in determining whetherpersons subject to the duty took reasonable measures to comply with it.This is a consultation on the Duty of Care Code of Practice. This constitutes practicalguidance to all waste holders in the waste management chain. The guidance hasbeen revised to take into account the additional duties proposed under the newRegulations which also form part of this consultation.Revised Waste Framework DirectiveOne of the aims of the Directive is to help move Europe closer to a “recycling society”which recognises waste as a resource. The 6 th Community Environment ActionProgramme called for measures aimed at ensuring the source separation, collectionand recycling of priority waste streams.This Duty of Care Code of Practice describes the duties of waste holders in ensuringthat Scotland maximises the quantity and quality of the following materials: paper andcard, plastic, metals and glass, available for closed loop recycling. The duties inrelation to source segregation and separate collection requirements also apply tofood waste which can be optimally treated in biological treatment plants.Keeping recyclable waste clean and separate from unsorted waste improves itsrecovery potential by making recycling easier and establishing the stable conditionsand security of supply required to support the reprocessing industry.Key Zero Waste PrinciplesIn the Zero Waste Plan the Scottish Government committed to take action toincrease the quantity and quality of resources recycled, with the aim of achievinghigh levels of “closed loop” resource management.This Duty of Care includes information on new duties made under section 34 of theEPA 1990 which are intended to increase the quantities and improve the quality ofrecyclate. The targeted materials are paper and card, metals, plastics, glass and foodwaste.Recycling is about much more than merely an alternative to disposal in landfill. It is akey part of the Government’s Low Carbon Economic Strategy designed to bringeconomic growth without the carbon cost of unsustainable resource use. Recyclingreduces the amount of energy used to extract and process virgin materials such astimber, minerals and oil.In order to conserve the value of resources and to improve recyclability of materialscontained in waste the Duty of Care requirements in section 34 of the EPA 1990 39
  • 40. have been extended to require source segregation and separate collection of keymaterials.These statutory Duty of Care requirements and this associated Code of Practice formpart of a package of measures which will ensure that resources with value for reuse,recycling or recovery are not sent to landfill by 2020.Duty of Care etc as respects waste: Section 34 of the EPA 1990The draft Zero Waste (Scotland) Regulations 2011, which are also the subject of thisconsultation, amend section 34 of the Environmental Protection Act 1990 as follows:In section 34, after subsection (2) insert-ì (2A) Subject to subsection (2D), it shall be the duty of any person who producescontrolled waste (other than an occupier of domestic property in respect of wasteproduced on that property) to present the following wastes for collection separatelyfrom all other wastes:— (a) glass; (b) metals; (c) plastics; (d) textiles; (e) paper; and (f) card (including cardboard).(2B) Subject to subsection (2D), it shall be the duty of any person carrying on anundertaking whose activities consist of or include food production, food retail, fooddistribution or wholesaling or food preparation to present the food waste produced bythat person in the course of that activity for collection separately from all otherwastes.(2C) Subject to subsection (2D), it shall be the duty of any person who carriescontrolled waste to collect and carry separately from other types of waste those typesof waste which have been presented for collection separately in accordance witheither subsection (2A) or (2B).(2D) The duties contained in subsections (2A) to (2C) do not apply to the extent thatcompliance with them would be unreasonable.î .These requirements are in addition to the existing Duty of Care requirements, whichrequire all producers, carriers, importers, exporters, brokers, dealers and processorsof controlled waste to manage that waste correctly by storing it properly, onlytransferring it to the appropriate people and ensuring that when it is transferred it issufficiently well described to enable its safe recovery or disposal without harming theenvironment.Householders also have some, albeit limited, obligations under the Duty of Care.All parties have a role to play in policing the Duty of Care, ensuring all other partiescomply with the requirements. Failure to comply may lead to enforcement actionunder the Environmental Protection Act 1990 and the Zero Waste (Scotland)Regulations 2011. 40
  • 41. This code covers the Duty of Care relevant to all aspects of waste management. Tomake the process of using it easier the sections have been determined by roles.Some readers may need to read more than one section of guidance, depending ontheir role(s) within Duty of Care. For example, if you are a waste producer andcarrying your own waste, you will need to read the section on producer and carrierresponsibilities. 41
  • 42. 2.0 Glossary of TermsBasic CharacterisationThe Landfill Directive (1999/31/EC) and Council Decision (2003/33/EC) establishcriteria and procedures for the acceptance of waste at landfills including arequirement for their basic characterisation.BrokerA person (or establishment or undertaking) arranging the recovery or disposal ofwaste on behalf of others including those brokers who do not take physicalpossession of the waste.CarrierAny person (or establishment or undertaking) transporting waste within Scotland.Construction WorkThe carrying out of any building, civil engineering or engineering construction workand includes: construction, alteration, conversion, fitting out, commissioning,renovation or other maintenance, decommissioning, demolition or dismantling of astructure.Construction and Demolition WasteWaste arising from works of construction or demolition, including preparatory worksthereto.Controlled WasteThe term controlled waste comes from Section 75(4) of the Environmental ProtectionAct 1990 and is defined as “household, industrial and commercial waste or any suchwaste”.DealerPerson (or establishment or undertaking) which purchases and subsequently sellswaste as a principal including dealers who do not take physical possession of thatwaste.Enforcement OfficerAn officer of the Scottish Environment Protection Agency or Local Authority who haspowers in connection with the investigation of suspected offences, the detection andapprehension of offenders and granted powers to act in respect of environmentaloffences.Environmental PermitA permit or licence issued under the Pollution Prevention and Control (Scotland)Regulations 2000, the Environmental Protection Act 1990 and the WasteManagement Licensing Regulations 1994. 42
  • 43. Environmental Protection Act 1990Section 34 of this Act establishes the requirements of the Duty of Care with respectto waste.Exemption from an Environmental PermitSchedule 3 to the Waste Management Licensing Regulations 1994 (as amended)lists and describes the waste operations which do not require an environmentalpermit, providing that the establishment or undertaking carrying them out hasregistered that exemption where required. These Regulations also specify therequirements that an exempt waste operation must meet.Establishment or UndertakingIncludes any organisation, whether a company, partnership, authority, society, trust,club, charity or other organisation, but not private individuals.Green List WasteWaste which is not, for the purposes of import or export for recovery, regarded ashazardous. Green list controls apply to some (but not all) imports or exports.HarmHarm to the health of living organisms or other interference with the ecologicalsystems of which they form part and in the case of man includes offence to any of hissenses or harm to his property; and “harmless” has a corresponding meaning.Household wasteMeans waste generated by households.HouseholderThe occupier of any domestic property.Holder of WasteThe producer of the waste or the person, establishment or undertaking that is inpossession of it or who, as a broker, has control of it.Pre-treatment of Waste (for the purposes of Article 6 of the Landfill Directive(1999/31/EC))The legal definition of treatment requires three things (the ‘three-point test’):1. It must be a physical, thermal, chemical or biological process including sorting.2. It must change the characteristics of the waste.3. It must do so in order to:(a) reduce its volume, or(b) reduce its hazardous nature, or(c) facilitate its handling, or(d) enhance its recovery. 43
  • 44. With certain exceptions, only wastes that have been subject to ‘treatment’ may belandfilled, treatment is intended to encourage more recycling and reduce the impactof the wastes that are landfilled.Pollution of the EnvironmentPollution due to the release or escape (into any environmental medium) from:(a) the land on which controlled waste is treated,(b) the land on which controlled waste is kept,(c) the land in or on which controlled waste is deposited,(d) fixed plant by means of which controlled waste is treated, kept or disposed of, ofsubstances or articles constituting or resulting from the waste and capable (byreason of the quantity or concentrations involved) of causing harm to man or anyother living organisms supported by the environment.Public RegistersA register maintained by SEPA of all registered waste management activitiesincluding all waste carriers or those exempt from carrier registration, waste brokersand dealers, those with an environmental permit or those sites registered asoperating under an exemption from environmental permitting.Season TicketA controlled waste transfer note must be created for each load of waste that leavesyour site. However, for repetitive transfers there is provision to use one transfer notewhich will cover multiple transfers. One transfer note can be used for multiplecollections for a time period that is recommended not to be longer than 12 months; itshould then be renewed if required. This is called a "season ticket".A season ticket can only be used if none of the following details change:• the waste carrier remains the same• the producer or collection premises remains the same• the description of waste remains the sameIf any of this information changes, then an individual transfer note must be used. It isadvisable that a log be maintained of loads of waste leaving and arriving at sitesunder a season ticket.SIC CodesSIC is the UK Standard Industrial Classification of Economic Activities (2007).The SIC code is used to classify business establishments and other statistical unitsby the type of economic activities they are engaged in. You are required to record theappropriate SIC code of the transferor on all controlled waste transfer notes.Relevant codes can be determined from the Office of National Statistics (ONS) ortheir website:http://www.statistics.gov.uk/methods_quality/sic/downloads/SIC2007explanatorynotes.pdf 44
  • 45. Transfer NoteA note which must be created for any transfer of controlled waste. The note must besigned by both parties and must contain certain prescribed information (see Annex 1for details) about the waste to be transferred. It should also contain a writtendescription of the waste and any further information required for the next andsubsequent holders of the waste to manage it without causing pollution of theenvironment or harm. A specimen note is provided in Annex 2 of this guidance.TransfereeThe person (or establishment or undertaking) receiving the waste.TransferorThe person (or establishment or undertaking) holding the waste and who transfers itto another (different) person (or establishment or undertaking).Waste‘Waste’ means any substance or object which the holder discards or intends or isrequired to discard.Waste Collection AuthorityA local authority responsible for collecting waste as defined in the 1990 Act.Written DescriptionAdditional information submitted on the transfer note identifying the nature andcharacteristics of the waste. This should help subsequent holders to manage thewaste correctly and to meet their requirements under the Landfill Directive.WEEEWaste Electrical and Electronic Equipment that is controlled by the Waste Electricaland Electronic Equipment Regulations 2006 (as amended).Waste ExportAny waste to be exported (or imported) is subject to a range of regulatory controls(see also Green List Waste above). Anyone that is planning to export waste needs tobe familiar with these controls.Waste ManagerWaste manager means anyone who re-uses, recycles, recovers or disposes ofwaste, including the supervision of such operations and the after-care of disposalsites, and includes any actions taken as a broker or dealer.Waste ProducerAny person (or establishment or undertaking) whose activities produce waste(original waste producer) or anyone who carries out pre-processing, mixing or otheroperations which result in a change in the nature or composition of this waste. 45
  • 46. 3.0 Your Obligations as a Waste ProducerThis section offers guidance to any person (with the exception of householders) whoproduces waste in the course of their business activities. This includes both privatesector business such as shops, offices and factories and public sector services suchas schools, hospitals and prisons.What are my Responsibilities?As a waste producer, you have a duty to:• Present glass, metal, plastic, textile, paper and card for collection separately from all other wastes.• Present food waste for collection separately from all other wastes if you carry on a business consisting of food production, food retail or food preparation.• Take care of the waste while you hold it, for example during storage, so it does not escape from your control.• Ensure your waste is transferred to someone who is authorised to receive it, for example, a registered waste carrier or waste manager with the relevant authorisation.• Ensure that the transfer of waste is covered by a waste transfer note including a full description of the waste and retain a copy of this note for two years.• Ensure that the waste description is accurate and contains all the information you are reasonably in a position to give for safe handling, transport, treatment, recovery or disposal by subsequent holders.• Ensure if you are carrying your own waste that you are appropriately registered with SEPA.Where you use a waste broker or dealer, then you both have responsibilities underthe Duty of Care. Using a waste broker does not lessen or remove any of theseresponsibilities from you in your role as waste producer.You have a duty to take all reasonable measures to comply with the Duty of Carewhilst the waste is in your possession and when you transfer your waste tosomebody else. This means that you must ensure that you take the following steps;Step 1 – Separate Recyclable Materials at SourceAs the producer of waste, the quality of your management at source ultimatelydetermines the value which can be derived from it. You therefore have the mostimportant role under the Duty of Care. This section offers guidance to ensure that theobjectives of the Duty of Care are achieved.Key to sustainable economic growth is the development of collections schemes thatare able to provide secure supplies of high quality recyclate feedstock. The best wayto achieve this is to separate recyclable materials at source. It supports marketdemand for high quality and high value recyclate. Clean, uncontaminated wastestreams will be of higher value to recyclers so segregation may also help in reducingcosts to you. 46
  • 47. It is the duty of any person who produces controlled waste (other than householders)to present the following wastes for collection separately from all other wastes:- (a) glass; (b) metals; (c) plastics; (d) textiles; (e) paper; and (f) card (including cardboard).In addition, it is the duty of any person carrying on an activity consisting of orincluding food production, food retail or food preparation to present the food waste forcollection separately from all other wastes.What must I do when segregating my waste?In order to comply with this Duty, it will be necessary to have separate containers forthe listed recyclable wastes. Segregation of waste is the key to good wastemanagement as it keeps contamination to a minimum and makes closed looprecycling easier. With the exception of food waste, which must be collected in adedicated container, it is satisfactory for the listed recyclable wastes to be collectedin the same container as each other. This is called ‘co-mingling’. The co-mingledwastes will be separated either at the kerbside or further treated at a MaterialsRecovery Facility (“MRF”). However, the value of recyclate increases if materials arekept clean and separate from each other as far as possible. Your waste contractormay offer you more favourable contractual conditions if you are able to separatematerials further.Waste managers are prohibited from mixing your separately collected recyclablewaste with unsorted wastes (e.g. general black bag waste). This ensures that theeffort put into source separation will not be undermined later by poor management.Further, those separately collected wastes are prohibited from landfill.Step 2 - Prevent the Escape of WasteYou must not allow any waste materials to escape from your control and that of youremployees, or the control of others during subsequent transport. Containers must besuitable for holding the waste so that it does not escape during transport andmanagement e.g. do not place loose powder materials or waste paper in an openbuilders skip as they are likely to blow away. Such materials should be securelycontained or bagged.What must I do when storing Waste?When waste is being stored at your premises you need to make sure that waste isstored in; • containers which segregate wastes to facilitate recycling that are clearly labelled with their contents so that people know what can and cannot be placed in them and the next holder of the waste can clearly see what the containers hold. • a secure location where access to it is limited to persons you have identified. If waste is kept in a less secure location, loose materials or specific objects may be blown or washed away or even stolen. Less secure storage may also 47
  • 48. attract others to mix their waste with your own. If this occurs then the waste carrier or contractor may charge you more or refuse to accept the waste at their site.Where can I get advice about packaging for transport?You should expect your waste contractor (carrier) to advise you on the packagingrequirements for safe transport. If you are employing a waste broker then you mightalso be able to obtain such advice from them.Step 3 - Describe Your WasteEnsure that any waste being transferred is covered by a waste transfer note includingan adequate written description that will enable anyone receiving it to manage it inaccordance with their own Duty of Care. If you have not described the waste properlyor not told the next holder the properties of the waste, then you may still be liable ifsomething goes wrong after the waste is transferred.What information must I provide?The information you pass on to the next holder is contained in the waste transfernote. The transfer note is your evidence that the waste was passed on and that itwas adequately described. Guidance on the information that a transfer note MUSTcontain is provided in Chapter 9.0You must keep a copy of the transfer note signed by yourself and the person youtransfer waste to for two years. This can be an electronic copy, including electronicsignatures, provided an enforcement officer can view it. You also need to keep anyadditional information with this note such as any analysis results.In order to reduce administrative burdens a ‘season ticket’ system can be used for aperiod up to 12 months. This prevents the need for a transfer note to be produced forevery waste load transferred. However this ‘season ticket’ can only be used for wasteof the same description transferred to the same transferee. Such a season ticketmight be used, for example, for the weekly collection of waste from shops orrepetitive transport of excavated materials from construction works.You should also keep a log of individual loads collected from you under season ticketarrangements. For example, you could request weighbridge tickets from your wastecarrier.If the waste is Special Waste you have the same obligations under the Duty of Care.A consignment note, rather than a transfer note, is required to comply with theSpecial Waste (Scotland) Regulations 1996 together with any additional informationfor Duty of Care.Step 4 - Waste must only be transferred to an Authorised PersonMake sure that any person or business you are transferring waste to or who isorganising waste transfers for you are registered with SEPA to do so. If they are notregistered with SEPA you should confirm that they do not need to be before they takethe waste. 48
  • 49. What should I do to check authorised persons details?The detail of the checking required will depend on the quantity or nature of the wasteyou produce. For example, if you produce large quantities of waste or waste which isof an inconsistent or hazardous nature, you might satisfy yourself that the wastemanager can accept your waste. It is advisable to check the later stages of themanagement of your waste.As a minimum you should ask for: • a copy of the carrier’s registration certificate and check this against the SEPA’s public registers to confirm that it is genuine and valid. http://www.sepa.org.uk/waste/waste_regulation/waste_carriers_and_brokers/ who_is_registered.aspx • confirmation of the broker/dealers registration and check this against the SEPA’s public register. If you choose to engage a waste broker to identify suitable carriers and/or waste management options for your waste then you will share equal responsibility for how the waste is stored, transported and ultimately managed. You must ensure any broker you use has a valid registration. It is advisable to record any checks you have made. http://www.sepa.org.uk/waste/waste_regulation/waste_carriers_and_brokers/ who_is_registered.aspx • the reference number of the site’s Licence or Permit so that you can, if necessary, check this against SEPA’s public registers to confirm that it is genuine and valid and evidence that it allows for deposit of your type of waste. http://www.sepa.org.uk/about_us/contacting_sepa.aspxIt is advisable to re-check carrier registration from time to time as many carrierregistrations are annually renewable and in some circumstances the registration mayhave been cancelled or revoked by the SEPA.If your waste is destined for a transfer station or MRF it may be sufficient to knowwhat is going to happen to your waste there. If you produce large amounts of wasteor waste which can be difficult to manage then it might be appropriate to visit the sitewhere your waste is recycled, recovered or disposed of. This might be part of yourenvironmental management system.Where waste might be exportedIt is advisable to know where and to what type of facility your waste is going. Notably,if your waste is to be exported, then you should establish whether the waste is ofsufficient quality to meet the criteria for recovery or recycling in the receiving country.It is illegal to export waste for disposal. Non hazardous waste destined for recyclingin another country is referred to as Green List Waste. Both you and any broker ordealer involved should retain documents for two years.Step 5 - Prevent Your Waste Causing Harm or Pollution 49
  • 50. Harm to human health or pollution of the environment may be caused by theunauthorised or inappropriate management of waste.What do I need to do to prevent Harm or Pollution?A producer remains responsible according to what he ‘knows or should haveforeseen’. So if you hand waste to a carrier, not only should it be properly packagedwhen transferred, but you should take account of anything you see or learn about theway in which the carrier is subsequently handling it. For example, you: • would not be expected to follow the carrier, but you may wish to determine that waste has subsequently arrived at its intended destination especially if the waste has particular problematic or hazardous properties. You can do this by requesting weighbridge or tip tickets or email. • should be able to see whether the waste is loaded securely for transport when it leaves your premises. If it later falls off the vehicle you could be liable. • may notice a carriers lorries returning empty for further loads in a shorter time than they could possibly have taken to reach and return from the proposed waste management site. You might wish to inform SEPA. • may notice a carrier apparently engaged in the fly-tipping of someone elses waste. These would be grounds for suspecting the illegal handling of your waste by the carrier. Also, allowing waste to escape from your control, such as causing litter, allowing liquids to leak from containers and so on are other examples of where harm can be caused whilst you hold the waste. An example of this might be the burning of waste such as packaging. This may result in harm and, except in very restricted circumstances, is illegal.A producer should act on any knowledge to stop the illegal handling of waste.Whenever you become aware that your waste is being illegally dealt with you shouldtell SEPA. 50
  • 51. 4.0 Your Obligations as a Waste CarrierThis section offers guidance to any person who collects, carriers or transports wastein the course of their business. This includes waste management contractors, localauthorities collecting trade waste and others.What are my responsibilities?As a waste carrier, you have a duty to:• Collect source segregated recyclable materials separately from other wastes.• Provide a collection service for recyclable materials to your customers.• Make sure that recyclable materials are not mixed with other wastes or material with different properties whilst you are the holder.• Transport waste safely so that it does not escape and cause harm or pollution.• Check that the transfer note is correctly completed and that it contains sufficient information to enable you to manage the waste properly and safely.• Be registered with SEPA if you are required to be registered.• Transfer the waste to a person authorised to receive it.You and your business have a duty to take all reasonable measures to comply withthe Duty of Care whilst the waste is in your possession and to enable other holders inthe chain to comply with the Duty. Breach of the Duty of Care may result inenforcement action being taken against you. In addition to the penalties under theEnvironmental Protection Act 1990 and the Zero Waste (Scotland) Regulations 2011,you could also lose your registration to carry waste under the Controlled WasteRegulations 1992. This means that, in the course of your business as a wastecarrier, you must take the following steps:Step 1 – Collect the listed recyclable waste types separatelyThe development of collection systems that are able to provide a secure supply ofhigh quality recyclable materials performs two functions: • supports the source segregation duty on waste producers, and • provides a secure supply of high quality and high value recyclate for reprocessing.It is the duty of any person who carriers waste to collect separately certain recyclablewaste materials where these have been segregated by the producer.Therefore, carriers must provide a suitable service which supports those customerswho have a duty to segregate at source. In order to maintain the quality, the listedrecyclable materials must not be mixed with other wastes or materials with differentproperties during collection and carriage.Waste managers are prohibited from mixing separately collected recyclable wastewith unsorted wastes (e.g. general black bag waste). This ensures that the effort putinto source separation and separate collection will not be undermined later by poormanagement. In addition, the recyclable materials which are segregated at sourceand collected separately are prohibited from landfill. 51
  • 52. What must I do when collecting waste?You must offer a collection service which supports the duty on producers to sourcesegregate the following recyclable materials – paper and card, plastic, glass andmetal. In addition, you must collect food waste from any person carrying on abusiness activity involving food production, food retail or food preparation separatelyfrom all other wastes.When you are collecting waste from producers you need to make sure that: • you collect and carry separately from other types of waste those materials which the producer of the waste has presented separately for collection. This includes advising producers of their duty to present recyclable materials for collection separately and helping them to fulfill this duty. • you provide a separate collection service for your customers. With the exception of food waste, which must be collected in a dedicated container, it is satisfactory for the listed recyclable wastes to be collected in the same container as each other. This is called ‘co-mingling’. The co-mingled wastes will be separated either at the kerbside or further treated at a Materials Recovery Facility (“MRF”). • where you are collecting recyclable materials, that these are not mixed with other wastes or materials with different properties whilst you are the holder. This means that you must make sure that there are a sufficient number of suitable containers or compartments on your vehicle to avoid mixing recyclable materials with other materials or wastes with different properties.Research suggests that sorting co-mingled waste at the kerbside is the most efficientmeans of collecting wastes. It allows contamination to be filtered out at the point ofcollection and gives the most reliable stream of quality materials. Co-mingled wastessorted at a MRF face quality problems from three sources: producers putting the‘wrong’ materials into the collection, compaction of the waste which breaks glass intosmall pieces and tends to bind materials together, and the technical and physicalcapacity of the MRF to separate materials in the volumes delivered to them. Forfurther information on the different collocation systems, please see WRAP -http://www.wrap.org.uk/local_authorities/research_guidance/collections_recycling/index.htmlStep 2 - Prevent the Escape of WasteYou must not allow any waste materials to escape from your control during transport.Vehicles and containers must be suitable for holding the waste so that it does notescape during transport and management e.g. containers should not be overloadedand open containers should be securely netted or covered to prevent waste fromfalling out.What should I look out for when collecting waste?When you collect waste from any premises you need to make sure that: • waste is being stored in a secure location and in suitable containers for both transport and subsequent management. If the waste is kept in a less secure location, other parties may have mixed their waste with that for which you 52
  • 53. have the contract. This means that the waste may not correspond to the description you have been given and may undermine efforts to support high quality recycling if, for example, unsorted waste has been placed in a recycling bin. • waste is being stored so that recyclable waste materials are kept separate from unsorted waste and from each other insofar as the recovery potential of the material is not undermined. • where waste is stored in containers, these should be clearly labelled with their contents so that you know what the wastes are and can confirm that you are collecting the correct waste. Containers must be stored safely and leakage prevented and/or controlled. • container labels should clearly describe the properties of the waste so that you and the next holder know what measures are required to store and transport the waste safely. If you consider that the containers are unsafe you have a duty not to transport them in that state. You are required to re-pack the waste, or arrange for its re-packaging, until you are satisfied that the waste can be transported safely. • open containers which are stored outside may contain rainwater. This might escape during transit and may be contaminated after being in contact with waste. It could also make the load unstable for transport. This would be an indication that on-site storage was not adequately safe and secure.Step 3 – Describing the WasteYou must ensure that any waste you collect is covered by a waste transfer noteincluding an adequate written description that will enable you and the next holder totransport, store or manage it in accordance with the Duty of Care. The transfer noteis your evidence that you collected the waste and passed it on to a person authorisedto accept and manage that type of waste. Guidance on the information that a transfernote MUST contain is provided in Chapter XXYou should know what and how much waste you are contracted to collect. Whenyou arrive to collect the waste you should inspect the waste to ensure that itcorresponds to the description given to you. You should be able to check that thereare no items which do not correspond to the description. The person you arecollecting the waste from should provide you with the information you need and youshould be content that it is correct and sufficient for you to meet your own obligations.If the waste is not described properly or not told the next holder the properties of thewaste, then you may still be liable if something goes wrong after the waste istransferred.It is particularly important to make sure that you know whether you are collectingrecyclable waste or waste which is destined for incineration and/or landfill. This willensure that you hand the waste over to a person authorised to receive it.If you collect and carry the same type of waste from the same producer or collectionpremises regularly then you may use a “season ticket” type of arrangement to coverthese transfers to you.Step 4 - Waste must only be transferred to an Authorised Person 53
  • 54. The person you are collecting waste from is expected to check that you areappropriately registered with SEPA to carry their waste. You must ensure that yourcarrier registration is valid and the details correct.Who needs to register as a waste carrier?All people who normally and regularly transport waste, whether that waste isproduced by them in the course of their business, or by others should be registeredas a waste carrier. There are some exemptions from the requirement to register.Guidance on who should register is available fromhttp://www.sepa.org.uk/waste/waste_regulation/application_forms/waste_carriers_and_brokers.aspxIf you are still uncertain whether you should be registered your local SEPA office canadvise you.The person you are collecting waste from should also ask to know where you aretaking that waste. You must ensure that the person or business you pass the wasteon to is appropriately authorised to receive it.What should I do to check authorised persons details?When you carry waste you should determine the nature of the next holder. You mustmake sure that any person or business you supply with waste is authorised to acceptit. All sites managing waste for treatment and/or disposal are required to hold anappropriate licence or exemption.The Zero Waste (Scotland) Regulations 2011 ban certain materials and waste withcertain properties from landfill. For example, from 2013, you must not take sourceseparated recyclable materials – paper, card, plastics, metal, glass and food wastedirectly to a landfill site. Also, after 2017, unsorted “black bag” type waste, includinglitter collections and skips, cannot be sent straight to landfill.The Regulations also restrict the types of waste which can be incinerated. If youcarry waste to an incinerator you must make sure that the person you collect fromstates on the transfer note that the waste has been pre-treated to make it suitable forincineration.As a carrier you must take all reasonable measures to ensure that you do not takewaste to a site which is not authorised to accept it. Information on the transfer notewill help you to comply with your Duty of Care.As a minimum you should ask for: • the reference number of the site’s Licence or Permit so that you can check this against SEPA’s public registers to confirm that it is genuine and valid and evidence that it allows for deposit of the waste you are carrying. http://www.sepa.org.uk/about_us/contacting_sepa.aspx. • confirmation from SEPA if you are at all unsure whether the site can accept the waste. • a description of the waste on the transfer note which is adequate for you to be reasonably certain that the waste can be accepted at the next site. 54
  • 55. Step 5 - Prevent Your Waste Causing Harm or PollutionThe terms ‘harm’ and “pollution“ are defined in the glossary. Harm or pollution can beresult from the unauthorised or inappropriate deposit, treatment, recovery or disposaletc of waste.What do I need to do to prevent Harm or pollution?A carrier is responsible according to what he ‘knows or should have foreseen’. Youwill share responsibility with the waste producer to ensure that the waste is deliveredsatisfactorily to the next holder (see Step 4). This includes taking account ofanything you see or learn about the way the next holder (another carrier or a wastemanager) deals with the waste. For example: • you may notice that a waste manager or subsequent carrier mixing source separated recyclables with other waste types with different properties. This undermines the effort put into source segregation and separate collection, lowering the quality and reducing the value of recyclate. • It may be clear that waste is being dealt with in a way that is not best or usual practice. There may be activities going on at a site which you think may be illegal, such as burning. • you may notice that a waste manager is accepting too much waste and that the extra waste you are delivering could add to problems at the site. • you may notice that subsequent holders are allowing waste to escape from their control e.g. causing litter, allowing liquids to leak out of containers. You may notice activities suggesting that they are engaged in fly-tipping.These would be grounds for suspecting that harm is being caused or is likely to becaused if you continue to deposit waste there. A carrier should act on anyknowledge to stop the illegal handling of waste.Whenever you become aware that your waste is being illegally dealt with you shouldtell SEPA. 55
  • 56. 5.0 Your Obligations as a Waste ManagerThis section offers guidance to any person involved in the reuse, recycling, recovery,treatment and disposal of waste. Waste managers include operators of transferstations, recycling sites (Material Recovery Facilities), waste treatment sites (e.g.those carrying out mechanical or biological treatment such as MBT, MHT, AD),energy from waste / incineration facilities and landfills.What are my responsibilities?As a waste manager how you manage the waste when it is in your possession canhave an impact on the way it will be subsequently managed by others. You need tosatisfy yourself that you can accept the waste and manage it in an appropriate way.The way you manage the waste must not cause previous and subsequent holders tobreach their Duty of Care.As a waste manager, you have a duty to:• manage waste safely without causing pollution of the environment or harm to human health, in accordance with the conditions of your environmental permit or exemption• ensure that you hold the appropriate environmental permit or exemption which allows you to accept and manage the waste at your site• check that the transfer note is correctly completed and that you have sufficient information regarding the nature of the waste for safe handling, treatment, recovery or disposal• prevent waste escaping from your control• transfer the waste to a person authorised to receive itYou have a duty to take all reasonable measures to comply with the Duty of Carewhilst the waste is in your possession and to enable other holders in the chain tocomply with the Duty. This means that, in the course of your business as a wastecarrier, you must take the following steps:Step 1 – Check the incoming wasteEnsure that any waste you receive is accompanied by a completed transfer noteincluding a full written description. This description plus any visual and other checksof the load will enable you to manage the waste in accordance with the conditions ofyour environmental permit or exemption.The transfer note is your evidence of a transfer of waste including the informationthat was passed on. You will have to produce it when asked by an enforcementofficer. You must keep a copy of the transfer note signed by yourself and the personyou accepted the waste from, or transferred the waste to, for two years. Guidanceon the information that a transfer note MUST contain is provided in Chapter XX 56
  • 57. If you receive the same type of waste from the same producer or collector regularlythen you may use a “season ticket” type of arrangement to cover these transfers toyou.Check that authorisation details of the person transferring the waste to you, includingany carriers or brokers registration requirements are valid and up to date.What if my site is a landfill site?There are certain waste acceptance criteria (WAC) which have to be met beforelandfilling is allowed. You should seek confirmation from your customers that basiccharacterisation is being carried out including any testing that may be required beforeyou can accept some wastes.Wastes such as liquids, infectious clinical wastes and tyres are banned from landfilland you will need to ensure that these are not part of the waste. Further to this, theZero Waste Scotland Regulations 2011 ban the landfilling of the following sourcesegregated and separately collected recyclable materials – paper, card, metals,plastics, glass and food waste.The Regulations also put in place a ban on the landfilling of biodegradable waste. Inpractice this means that any unsorted waste would be rejected and directed for pre-treatment. Otherwise all waste accepted for landfilling would be expected to: a) have come from a compliant MBT plant b) have come from a thermal treatment facility c) be inert in nature and declaring itself to be so.You will need to satisfy yourself whether the waste has been pre-treated and basiccharacterisation tests have been carried out. You should ensure that the persondelivering waste to your landfill site provides written evidence about the nature of thepre-treatment and the results of these tests.What is my site is a thermal treatment facility?The Zero Waste Scotland Regulations 2011 restrict the inputs to thermal treatmentfacilities to residual waste and other suitable single stream wastes. Residual waste iswaste which has been mechanically treated to remove marketable metals andplastics. In practice, this means that unsorted waste would be rejected and directedfor pre-treatment.You will need to satisfy yourself whether the waste has been pre-treated and isresidual. You should ensure that the person delivering waste to your thermaltreatment facility provides written evidence about the nature of the pre-treatment.Step 2 - Prevent the Escape of WasteYou must not allow any waste materials to escape from your control and that of youremployees, or the control of others during subsequent transport.When waste is being managed at your premises you need to make sure that wasteis; • stored in a secure location where access to it is limited to persons you have identified. If waste is kept in a less secure location, loose materials or specific 57
  • 58. objects may be blown or washed away or even stolen. It should also prevent vandalism of the containers e.g. setting the waste on fire. • containers are clearly labelled with their contents so that people can identify what the containers should hold • containers are stored safely and leakages prevented and controlled • is managed in accordance with the conditions of your environmental permit or exemption, including the requirement to keep source segregated recyclable materials separated from other wastes or materials with different properties.Step 3 - Prevent Your Waste Causing Harm or PollutionThe terms ‘harm’ and ‘pollution’ are defined in the glossary. Harm or pollution can bea result of the unauthorised or inappropriate deposit, treatment, recovery or disposaletc of waste.What do I need to do to prevent Harm or Pollution?A waste manager is responsible according to what he ‘knows or should haveforeseen’ to ensure that waste does not cause harm or pollution. A waste managershould act on any knowledge to stop the illegal handling of waste and contact SEPA.For example, • you may notice a subsequent holder mixing source separated recyclables with other waste types with different properties. This undermines the effort put into source segregation and separate collection, lowering the quality and reducing the value of recyclate. • You must ensure that you are authorised to accept that waste and do not exceed the amounts of waste you can manage at the site at that time. if too much waste being accepted or stored at your site there may be problems with litter, spillages, odour. etc • uncontrolled burning of waste is, under most circumstances, an illegal activity. • if you refuse a load of waste from a carrier arriving at your site you should have in place arrangements to prevent this waste being fly-tipped in another location.Step 4 - Waste must only be transferred to an Authorised PersonWaste managers should refer to Step 4 of the Producer Obligations section. 58
  • 59. 6.0 Your Obligations in the Event of Waste ExportThis section offers guidance to any person who holds waste that is going to beexported. This could include producers, carriers, managers, brokers and dealerswho must also comply with the other relevant parts of this guidance. The Duty ofCare applies to the storage, transfer and carriage of that waste before it is exported.What are my responsibilities?• To comply with the Duty of Care applicable to you in your role as a producer, carrier, manager or broker.• To ensure that the person to whom you are transferring waste will not export it in breach of the rules set out in the EC Waste Shipments Regulations (1013/2006) and the UK Transfrontier Shipments of Waste (TFS) Regulations 2007Where you use a broker or dealer, you both have responsibilities under the Duty ofCare. Using a waste broker or dealer does not lessen or remove any of theseresponsibilities from you if you have been a holder of waste which is being exported.Step 1 - Is waste going to be exported?It is illegal to export waste for disposal.Green list (non-hazardous) waste can be shipped for recovery within theOrganisation for Economic Co-operation and Development (OECD) countries undera lower level of control and accompanied by certain information.Hazardous waste and waste destined for recovery in a non-OECD (i.e. developingcountries) is generally subject to notification procedures. The level of control dependson which classification of waste the importing country accepts and which proceduresit wants to apply. This requires the prior written consent of all relevant authorities ofdispatch, transit and destination.What must I do?You should ask the person to whom you transfer the waste whether the waste islikely to be reprocessed in another country. You should be alert for any suspicionthat waste might be exported. Indications that waste might be exported include: • Is waste being transported directly to a port? • Was the transport arranged by a freight forwarder? • Were the arrangements made by a carrier, broker or dealer operating outside UK jurisdiction? • Have registration details of the broker or dealer been difficult to establish? • Has HM Revenue & Customs clearance been applied for and obtained? • Are transport routes to the final country of destination identified? • Have you been asked to provide or sign a note for the international carriage of good by road (CMR note)? • Is the destination of the waste unclear?Step 2 – The export must comply with the TFS Regulations 59
  • 60. If waste is going to be exported, or you suspect that it is going to be exported, youneed to ensure that the person to whom you are transferring the waste will not exportit in breach of the legislation.What should I do?You must establish whether the waste is of sufficient quality to meet the criteria forrecycling and recovery in the receiving country.If the waste is going to be exported, or you suspect that it may be exported, you needto ensure that: • the country of destination is identified. • the country of destination has given approval to accept it. • the necessary documentation and authorisations are in place.You should consider whether any further export controls or notification requirementsapply and establish from the exporter. The facility identified for processing the wastein the country of receipt must be deemed suitable.Waste dealers and traders are often involved where waste is exported. Wastebrokers, dealers or traders must be registered in that capacity with SEPA. Both you(the current holder) and any broker or dealer involved should retain documents,including any waste description, with any additional information for a minimum of 2years.Additional sources of informationExport of Waste can be a complex process as countries of destination canchange their approvals or specific requirements quite regularly. You should befamiliar with all of the requirements and understand that certain countries donot accept any imports of waste.For guidance refer to the TFS pages on SEPA’s website:http://www.sepa.org.uk/waste/waste_regulation/transfrontier_shipment.aspx 60
  • 61. 7.0 Your Obligations as a Broker or a DealerWhat are my responsibilities?Where you make arrangements for the management of waste on behalf of anotherparty you are deemed to be acting as a broker. You are therefore also classified ashaving control of that waste, even though you may not physically hold the waste youare in control of.Where you buy or sell waste you are deemed to be acting as a dealer. You are alsoclassified as controlling that waste and must be registered with SEPA. Dealers act ina similar way to brokers and therefore have similar obligations.Waste brokers and dealers may also import or export waste. In any of thesecapacities, by arranging for the transfer of waste, you jointly hold responsibility for itsproper transfer and management with the holders directly involved (producer, carrier,exporter or waste manager). You should therefore also be familiar with theresponsibilities of the other holders described in this guidance.Local authorities often act in the capacity of a waste broker. Where departments suchas the waste disposal authority are acting in the capacity of broker they have thesame responsibilities under the Duty of Care as any other party.In summary, as a waste broker or dealer you jointly hold responsibilities with thewaste producer.You have a duty to:• Ensure that any waste in your control is handled and stored safely, without causing harm to the environment and in accordance with the law.• Know the nature of the waste you are in control of, for example, if it is process waste to know its constituents and properties.• Ensure care of the waste while it is stored, so it does not escape.• Ensure that the waste description is accurate and contains all the information necessary for safe handling, transport, treatment, recovery or disposal (especially by landfill) by subsequent holders.• Ensure that you have a valid registration with the Environment Agency.• Ensure the waste is transferred to someone who is authorised to receive it, for example, a registered waste carrier, or waste manager.• Ensure that the transfer of waste is covered by a waste transfer note including a full description of the waste and to retain the transfer note and waste details for two years.• Ensure that the site of destination holds the appropriate environmental permit or exemption to accept the waste. This responsibility extends to destinations in other countries.As a broker you should retain, for two years, a copy of the transfer notes used in anytransfers of waste that you have arranged as evidence of your compliance with theDuty of Care. 61
  • 62. Step 1 - Prevent the Escape of WasteAlthough as a broker you may not physically hold the waste you are regarded by thelaw as having control of that waste. However you should still ensure that the physicalholder of the waste under your direction manages it in order to prevent any wastematerials escaping from their control or the control of others, for example duringstorage or transport.What must I do during waste storage?In your capacity as broker you must ensure that, when waste is being stored atpremises that waste is: • Stored in containers which segregate wastes to facilitate recycling that are clearly labelled with their contents so that people know what can and cannot be placed in them and the next holder of the waste can clearly see what the containers hold. • Stored in a secure location where access to it is limited only to authorised persons. If waste is kept in a less secure location, loose materials or specific objects may be blown or washed away or even stolen. Less secure storage may also attract others to mix their waste with that of your client. If this occurs then the waste carrier or contractor may charge more or refuse to accept the waste at their site. • Stored in locations which will prevent vandalism of the containers, for example setting the waste on fire.Step 2 - Describe Your WasteYou must ensure that the waste being transferred is covered by a completed transfernote which should include an adequate written description that will enable anyonereceiving it to manage it in accordance with his or her own Duty of Care. If somethinggoes wrong and the waste is not described properly or you have not told the nextHolder the properties of the waste, then you may be held responsible together withthe waste producer.What information must I provide?You should ensure that a transfer note and waste description is produced coveringyourself and the party(ies) you are brokering between. The transfer note is yourevidence that the waste was passed on and that it was adequately described.Guidance on the information that a transfer note MUST contain is provided inChapter 9You must keep a copy of the transfer note signed by yourself and the person youtransfer waste to for two years. This can be an electronic copy, including electronicsignatures, provided an enforcement officer can view it. You also need to keep anyadditional information with this note such as any analysis results.In order to reduce administrative burdens a ‘season ticket’ system can be used for aperiod up to 12 months. This prevents the need for a transfer note to be produced forevery waste load transferred. However this ‘season ticket’ can only be used for wasteof the same description transferred to the same transferee. Such a season ticketmight be used, for example, for the weekly collection of waste from shops orrepetitive transport of excavated materials from construction works. 62
  • 63. You should also keep a log of individual loads collected from you under season ticketarrangements. For example, you could request weighbridge tickets from your wastecarrier.If the waste is Special Waste you have the same obligations under the Duty of Care.A consignment note, rather than a transfer note, is required to comply with theSpecial Waste (Scotland) Regulations 1996 together with any additional informationfor Duty of Care.Step 3 - Waste must only be transferred to an Authorised PersonMake sure that any person or business you are transferring waste to or who isorganising waste transfers for you are registered with SEPA to do so. If they are notregistered with SEPA you should confirm that they do not need to be before they takethe waste.What should I do to check authorised persons details?The detail of the checking required will depend on the quantity or nature of the wasteyou produce. For example, if you produce large quantities of waste or waste which isof an inconsistent or hazardous nature, you might satisfy yourself that the wastemanager can accept your waste. It is advisable to check the later stages of themanagement of your waste.As a minimum you should ask for: • a copy of the carrier’s registration certificate and check this against the SEPA’s public registers to confirm that it is genuine and valid. http://www.sepa.org.uk/waste/waste_regulation/waste_carriers_and_brokers/ who_is_registered.aspx • confirmation of the broker/dealers registration and check this against the SEPA’s public register. If you choose to engage a waste broker to identify suitable carriers and/or waste management options for your waste then you will share equal responsibility for how the waste is stored, transported and ultimately managed. You must ensure any broker you use has a valid registration. It is advisable to record any checks you have made. http://www.sepa.org.uk/waste/waste_regulation/waste_carriers_and_brokers/ who_is_registered.aspx • the reference number of the site’s Licence or Permit so that you can, if necessary, check this against SEPA’s public registers to confirm that it is genuine and valid and evidence that it allows for deposit of your type of waste. http://www.sepa.org.uk/about_us/contacting_sepa.aspxIt is advisable to re-check carrier registration from time to time as many carrierregistrations are annually renewable and in some circumstances the registration mayhave been cancelled or revoked by the SEPA.If the waste is destined for a transfer station or MRF it may be sufficient to know whatis going to happen to your waste there. If you produce large amounts of waste orwaste which can be difficult to manage then it might be appropriate to visit the sitewhere your waste is recycled, recovered or disposed of. This might be part of yourenvironmental management system. 63
  • 64. Step 4 - Prevent Your Waste Causing HarmWhat is meant by harm?The term ‘harm’ is defined in the glossary. It is caused by the unauthorised orinappropriate deposit, treatment or disposal etc. of waste. However, the burning ofwaste such as packaging will result in harm. It is illegal to burn waste (except in veryrestricted circumstances) and therefore must not take place. In many cases suchwaste can be recycled or recovered. Also, allowing waste to escape from yourcontrol, such as causing litter, allowing liquids to leak from containers and so on areother examples of where harm can be caused whilst you hold the waste.What can I do to check that my waste is correctly managed?If you are acting on behalf of an original producer, it is not possible to draw a line atthe gate of that person’s premises and say that your and their responsibility for thewaste ends there. You will have directed waste toward other holders and share withthe producer all responsibilities required by the Duty of Care.A broker remains responsible according to what he ‘knows or should have foreseen’.You should take account of anything you see or learn about the way in which anyparty is subsequently handling it. For example: • You need to ensure that waste is packaged correctly and that the vehicle is suitable for transport, as if it subsequently falls off the vehicle you could be deemed liable. • You may wish to determine that waste has subsequently arrived at its intended destination especially if the waste has particular problematic properties. You could do this by requesting weighbridge or tip ticket. • You may notice a carrier apparently engaged in the unlawful dumping of someone elses waste. These would be grounds for suspecting illegal handling of your waste by the carrier. Whenever you become aware that your waste is being illegally dealt with you should tell SEPA. 64
  • 65. 8.0 Your Obligations as a HouseholderThis section offers guidance to any person who is a householder.What are my responsibilities?As a householder, you have a duty to:• ensure that any waste that you produce is handled and stored safely, without causing harm to the environment and in accordance with the law.• ensure that any household waste produced on your property is only transferred to a carrier that is appropriately registered with SEPA.You have a duty to take all reasonable measures to comply with the Duty of Carewhilst the waste is in your possession and to enable other holders in the chain tocomply with the Duty. Breach of the Duty of Care may result in enforcement actionbeing taken against you.What does this mean?It is your responsibility to ensure that any waste produced on your property is onlytaken by someone who is authorised to carry that waste. In order to do this youshould ask that person/company if they are a registered waste carrier. You may wishto confirm the registration is valid and this can be done by checking the SEPA publicregister on its’ website -http://www.sepa.org.uk/waste/waste_regulation/waste_carriers_and_brokers/who_is_registered.aspx. Only after you have confirmed such proof should you give yourwaste to them. It is advisable to ask where your waste is going.When your waste is collected by your local authority or their contractor they willalready be registered as a waste carrier, you do not therefore need to check theirdetails. You are also not required to exchange paperwork with them.You still have responsibility to store your waste safely, without causing harm orpollution to the environment and in accordance with the law while it is awaitingcollection.If you give your waste to a friend or neighbour to dispose of then you need to ensurethat they will be taking the waste to a site with an environmental permit, for examplethe local civic amenity site. A civic amenity site is provided by the local authority onlyfor householders to deposit their own household waste. Each local authority operatessuch sites differently.However; • If you take a large van full of waste, the operator of the site would have the right to ask you to prove that the waste is from your own household so take some evidence with you. • If you visit the site regularly the site operator may suspect that you are producing waste as part of a business and as a result may request payment, or refuse entry until they see some proof of carrier registration. 65
  • 66. If you contract a builder or tradesperson such as a landscape gardener, plumber,kitchen contractor, glazier, carpet fitter etc to undertake work that results in theproduction of waste then they will normally be considered to be producing that waste.However, as it has been produced on your property you have a responsibility tomake reasonable checks to ensure that the waste will be carried by appropriatelyregistered people.If they carry this waste away from your home themselves, then it is likely that they willneed to be registered with SEPA as a carrier of waste. You should ask them forevidence of their registration.If they say that they are not registered to carry that waste you should check with theSEPA whether they are required to be.If you have not made reasonable checks to ensure that waste produced onyour property is carried by appropriately registered people and that waste issubsequently found to have been fly-tipped you may share liability with the fly-tipper and be subject to enforcement action. 66
  • 67. 9.0 Transfer NotesWhat information must be present on the transfer note?The transfer note is your evidence of proper transfer of waste including theinformation that was passed on. You will have to produce it when asked by anenforcement officer. An example note is provided below. The transfer note must: • Contain the name and address of transferor and transferee. • State whether or not the transferor is the producer or importer of the waste. • Contain the Standard Industrial Classification (SIC) code for the transferor. • Identify the waste by reference to its six digit code in the European Waste Catalogue. • State whether the waste consists of wastes listed for source segregation and presented separately by the waste producer. • State whether the waste in intended to be incinerated or co-incinerated, and if so whether it has been sufficiently pre-treated. • State whether the waste is intended for landfill, and if so whether it complies with the landfill bans. • Identify the quantity of the waste in tonnes. • Record the place, date and time of transfer. If you are using a season ticket the period for which it is valid. • State whether the carrier is required to be registered with SEPA and, if so, the registration number. • State the initial destination of the waste including address, site name and number of any relevant licence or permit issued by SEPA or Environment Agency. • Be completed and signed by both parties (electronically is acceptable).What is an adequate waste description?An adequate description will depend upon the nature of the waste. It should,however, include mention of any special problems associated with the waste. Inlooking for ’special problems’ associated with the waste it may help to ask yourselfand record answers to such questions as:- • Does the waste require particular treatment, e.g. clinical waste which requires sterilisation, batteries or WEEE? • Does the waste need a special container to prevent its escape or to protect it from the elements, e.g. loose waste? • Do you need to advise the producer on what type of container suits the waste and what material the container can be made of? • Do you need to advise on labelling and other requirements for transport? • Can it safely be mixed with any other waste or are there wastes with which it should not be mixed, for example at a waste transfer station? • Can it safely be crushed and/ or transferred from one vehicle to another? • Can it be disposed of safely in a landfill site with other waste? • Is it likely to change its physical state during storage or transport e.g. might it give off gas or become liquid? 67
  • 68. Section A – Description of WasteA1 – Describe the waste being transferred A2 – How is the waste contained Source Segregated Recyclables Unsorted Waste Loose Sacks Skip Drum Pre-Treated for Landfill Residual for Incineration Other OtherDescription A3 – How much waste? For example,European Waste Catalogue Code A4 – Standard Industrial ClassificationSection B – Current holder of the waste - TransferorB1 – Full name B2 – Are you the; Producer of the waste? Importer of the waste? Local Authority?Address The holder of a waste management authorisation? Licence No. A registered waste carrier Postcode Registration No.Section C – Person receiving the waste - TransfereeC1 – Full name C2 – Are you the; Producer of the waste? Importer of the waste? Local Authority?Address The holder of a waste management authorisation? Licence No. A registered waste carrier Postcode Registration No.Section D – The transferD1 – Address of transfer D2 – Broker who arranged this transfer Postcode PostcodeTransferor’s signature Transferee’s signature Name Representing Name Representing 68
  • 69. Zero Waste Plan – Implementation Guidance Guidance on inputs to Energy from Waste Facilities 69
  • 70. 1.0 GlossaryEnergy from Waste (EfW) - A process where waste is thermally treated to produceenergy in the form of electricity and/or heat. It includes incineration and co-incineration, pyrolysis and gasification technologies.Unsorted waste - The fraction of waste remaining after recyclable materials havebeen separated at source.Materials Recycling / Recovery Facility (MRF) - A facility which sorts co-mingledcollections of dry recyclates into their separate components (sometimes called a“clean MRF”)Mixed Waste Processing Facility (MWPF) - A facility which treats unsorted wasteprior to further recovery and disposal (sometimes called a “dirty MRF”)Mechanical Biological Treatment (MBT) - A type of MWPF incorporating acombination of mechanical and biological treatment steps to stabilise and separatethe waste into various fractions.Mechanical Heat Treatment (MHT) - A process where unsorted waste is shreddedand steam treated to extract recyclates and reduce the volume of the waste forfurther recovery or disposal (sometimes called autoclaving).Residual Waste - Wastes which have been subject to all reasonably practicableefforts to extract recyclable material prior to incineration or co-incinerationSource Segregated Waste - Materials, such as paper, plastic, metal, glass andbiowaste (food and garden waste), which have been segregated at source forrecycling. 70
  • 71. 2.0 Strategic and policy objectivesScotland has already embarked on the journey towards a more sustainable approachto waste and resources. Recycling rates continue to rise, volumes of waste beingsent to landfill are declining, and as a society we are increasingly aware of theenvironmental impact of our activities.However, despite this progress, materials which could be recycled or recoveredcontinue to be landfilled. The Zero Waste Plan is underpinned by a determination toachieve the best overall outcomes for Scotland’s economy and environment bymaking the best practical use of the approach in the waste hierarchy: prevention,reuse, recycling and recovery.The Zero Waste Plan sets out Government’s intention to develop regulatorymeasures to drive source segregation of recyclables, implement a phasedprogramme of landfill bans and ensure that only waste which could not have beenrecycled is incinerated.Zero Waste Plan Action 14: The Scottish Government will introduceregulatory measures to support the delivery of landfill bans, by ensuringenergy from waste treatment is only used to recover value from resources thatcannot offer greater environmental and economic benefits through reuse orrecycling. These measures will supersede the current 25% cap whichcurrently applies only to municipal waste, and are likely to result in similaramounts of resources being available for energy from waste treatment.The priority action is the requirement to source segregate and separately collectcertain recyclable materials and food. Source segregation is a crucial component ofa successful recycling strategy because the quality of the resource is maintained.Making this a statutory duty aims to maximise the quantities of high quality materialsavailable for reprocessing. This, in turn, provides support to the recycling industry byhelping to secure high and stable levels of supply.As energy is mainly generated from fossil fuel sources, recycling reduces the climatechange emissions associated with production and manufacture from primary rawmaterials. Therefore, increasing recycling helps Scotland achieve the emission 71
  • 72. reduction targets under the Climate Change (Scotland) Act 2010 and plays a part inthe transition to a low carbon economy.Even at high levels of recycling, an unsorted fraction of waste will remain. ScottishGovernment considers that solutions for unsorted waste should aim to recover theremaining value from recyclable materials contained in the unsorted waste andreduce the volumes of residual waste requiring further recovery and final disposal.EfW has an important contribution to make in managing unsorted waste andproviding electricity and heat. However, this must not be at the expense of efforts toprevent and recycle waste which have higher overall climate change and resourceefficiency benefits. As waste prevention measures are introduced and recyclingincreases, the amount of residual waste available for energy generation will, overtime, be reduced.Therefore, the reasons for introducing regulatory measures to restrict inputs toenergy from waste treatment are to: • support the long term upstream efforts to increase recycling and to ensure that investment in waste management infrastructure in Scotland does not simply move one step up the hierarchy from landfill to incineration; and • conserve resource value by ensuring that waste materials which could have been reused or recycled are not incinerated; • replace the 25% energy from waste cap for local authority collected municipal waste with an approach that requires equivalent treatment standards for all waste streams and sectors (household, commercial and industrial waste), irrespective of which party collects the waste.2.2 What is restricted from EfW under the Zero Waste Plan? 72
  • 73. For Energy from Waste technologies to be truly sustainable they should only be usedfor resource streams which cannot practicably offer greater environmental oreconomic benefits through reuse or recycling. The Zero Waste Plan vision forScotland is that most waste is sorted into separate streams for reprocessing andrecycling, leaving only limited amounts for treatment in EfW facilities and finaldisposal.Rather than placing a cap (or target) on the amount of waste which can be treated inEfW plants, the Government is proposing a regulatory approach which restricts wasteinputs at the gate.EfW plants are regulated under the Pollution Prevention and Control Regulations2000 (PPC Regulations) by SEPA. Scottish Government proposes to amend thePPC Regulations to place a clear duty on SEPA to set and enforce appropriate PPCpermit conditions limiting EfW inputs to: • residual wastes. – wastes which have been subject to all reasonably practicable efforts to extract recyclable materials prior to incineration or co- incineration, and • other suitable waste types. For example, treated wood, sewage sludge and waste oil.That EfW facilities inputs should be restricted to residual waste only is not a newpolicy. What is proposed here is that implementation will move from the land useplanning system to active regulation of day to day operations. There will be norequirement to make a demonstration that the facility will treat only residual waste inorder to obtain planning permission. SEPA will address this issue when they providecomments to the planning authority in relation to consentability under the PPCpermitting regime.It is important to note that the purpose of this restriction is to conserve resourcesrather than add to current stringent environmental protection measures. The existingWaste Incineration Directive standards provide robust controls designed to protectthe environment and human health. 73
  • 74. For the purposes of the restrictions, Energy from Waste plant includes incineration,gasification, pyrolysis and other Advanced Thermal Treatment technologies. It doesnot include Anaerobic Digestion plants which treat either source segregated biowasteor the biological fraction of unsorted waste to produce a biogas which issubsequently used to generate energy.To support the regulatory requirements this document provides guidance on thepractical implementation of these measures. This will assist operators of EfWinstallations to establish whether the waste arriving at their gate has undergonesufficient pre-treatment to be considered residual.A flow diagram illustrating how the residual waste material will flow through the wastemanagement system to EfW facilities is shown at figure 1. 74
  • 75. 75
  • 76. 3.0 Proposed Regulations and Definitions3.1 Proposed Regulatory AmendmentScottish Government proposes to amend Regulation 9 of the PPC Regulations. Itplaces a clear duty on SEPA to include in Permits such conditions as necessary toensure that only residual waste and other suitable wastes are incinerated or co-incinerated.9B.—(1) SEPA shall ensure that any permit granted or varied on or after……for awaste incineration installation contains such conditions as it considers necessary toensure that wastes accepted for incineration or co-incineration comprise only residualwastes or [other suitable wastes- to be defined] or both.3.2 Definition of ResidualThe proposed definition of “residual wastes” to be included in regulation is;“residual wastes” means wastes which have been subject to all reasonablypracticable efforts to extract recyclable material prior to incineration or co-incineration. 76
  • 77. 4.0 Implementation.4.1 Timeline for IntroductionFrom the date that the Regulations come into force, SEPA will have statutory powersto include conditions in PPC permits to require that only residual waste and othersuitable waste streams can be accepted for thermal treatment. Therefore, from thatdate, permit applications for EfW installations will have to demonstrate to SEPA thatthe waste they will treat complies with the regulatory requirements.There are a number of existing EfW facilities in Scotland. Transitional arrangementswill be put in place to give operators reasonable time to establish the necessary pre-treatment infrastructure.4.2 What is Residual Waste?“Residual waste” is to be defined in regulation as “wastes which have been subject toall reasonably practicable efforts to extract recyclable material prior to incineration orco-incineration”. The following section sets out what is meant by this in practice4.3 Source Segregated Recyclables and “Clean MRF” RejectsSource segregated recyclable waste is not ‘residual waste’ for the purpose ofthe definition. Therefore, such waste cannot go to EfW. EfW facilities will beprohibited from accepting such waste for incineration and co-incinerationthrough the PPC Permit.However, the rejects from Material Recovery Facilities handling sourcesegregated recyclables can be considered as ‘residual waste’ purpose of thedefinition.Under the Zero Waste Plan it is proposed to place a duty on any person whoproduces controlled waste (other than an occupier of domestic property in respect ofwaste produced on that property) to present the following wastes for collectionseparately from all other wastes:- 77
  • 78. • food • glass; • metals; • plastics; • textiles; • paper; and • card (including cardboard).There will also be a statutory requirement on local authorities to provide separatecollection services to households for these key materials where this is technically,economically and environmentally feasible. These separately collected wastes arenot ‘residual wastes’ either individually or co-mingled. It will be an offence under thePPC Permit to incinerate or co-incinerate them.Although the evidence shows that sorting recyclables at the producer site or kerbsideresults in fewer rejects, it is likely that some sorting will be carried out at a MaterialsRecovery Facility (“MRF”). The MRFs sorting these recyclables will produce rejectedmaterial for which recycling is not feasible. These rejects will be considered asresidual waste and will be suitable for incineration and co-incineration..4.4 Unsorted WasteUnsorted (i.e. black bag) waste is not ‘residual waste’ for the purpose of thedefinition. Therefore, unsorted waste can not go directly from the producer toEfW. EfW facilities will be prohibited from accepting such unsorted wastedirectly for incineration and co-incineration through the PPC Permit. Effortsmust be made to extract as much remaining recyclable material as is 78
  • 79. reasonably practicable prior to incineration for unsorted waste to beconsidered ‘residual’.Although the priority action is to require source segregation of recyclables it is likelythat unsorted waste from all sources will also contain recyclable material.A specific example of this is highlighted in Zero Waste Scotland’s report “TheComposition of Municipal Solid Waste in Scotland” from April 2010. The surveyresults show that whilst there has been a significant increase in recycling municipalwaste - from 5% to almost 36% nationally in 10 years - many common recyclablematerials such as newspapers and magazines, cans and glass bottles are still put inhousehold rubbish bins. Although specific to household waste only, it shows thatsource segregation measures will not extract all recyclable waste.Scottish Government recognises that, with existing waste management technologies,it is unlikely that textiles, paper and card and organic biowastes can be separatedfrom mixed waste in such a way that the quality of the material will be acceptable toend users. Upstream source separation remains the optimal management methodfor these materials.However, modern separation technologies can extract some recyclable materialsfrom the unsorted waste stream, the most obvious examples being ferrous and non-ferrous metals and dense plastics. As stated above, there are resource recovery andclimate change benefits from taking steps to remove recyclable materials from theunsorted waste stream. Life cycle studies indicate that the climate change benefit isespecially pronounced for plastics.Under these proposals no unsorted waste will be transported directly to incinerationfacilities. Unsorted waste must be pre-treated to extract any materials which can becost effectively recycled. Further information about this is provided in section 4.5.In the future, if source segregation becomes a normal part of life in society and thecomposition of unsorted waste changes, this position may change. However, it is theintention of the Scottish Government that all unsorted waste must undergo pre-treatment to remove recyclable material when the residual fraction is destined forincineration. 79
  • 80. 4.5 LimitationsDue to the inherent variability in unsorted waste, Scottish Government will not set aminimum recovery rate for waste treatment facilities. Each technology is capable ofrecovery at different rates and will be treating different inputs.Further, the characterisation of Refuse Derived Fuel is in its infancy as regardsindustrial quality standards. Scottish Government will therefore not prescribe an RDFstandard to be used as a proxy for ‘residual’.4.6 What will constitute sufficient pre-treatment - First StepsScottish Government will accept that ‘residual waste’ includes unsortedwastes which have undergone mechanical processing. Mechanical processingmeans an automated technique or sequence of techniques designed to removedesignated materials from the unsorted waste stream.The objective of pre-treatment is to extract recyclable and valuable resources.As a first step, it is proposed that pre-treatment should extract ferrous and nonferrous metals, plastic and items containing valuable materials such as WasteElectrical and Electronic Equipment (WEEE).The unsorted waste fraction can be treated to split the waste into the followingcomponents: • marketable recyclables • a high calorific value (CV) stream • a biological fraction • non-combustibles / inertsMany separation processes are increasing in terms of their efficiency and thismeasure supports development of these treatment technologies. The ScottishGovernment expects unsorted waste treatment to extract at least metals and plasticsfrom the unsorted waste stream where that material is of adequate quality forrecycling. This will be where the mechanical process has separated materials which 80
  • 81. can be cost effectively recycled and the extracted materials have been supplied to alicensed recycling facility.There may also be other materials which, although not present in large volumes, arevaluable and should be recycled. Such an example is Waste Electrical andElectronic Equipment (WEEE). Electronic gadgets may contain small quantities ofvaluable raw materials such as gold and other metals and the elements referred to asthe “rare earth metals”. These are essential in a range of high technologyapplications such as super-conductors, lasers, medical equipment and, in particular,are a key component in many renewable energy technology developments. Europe’sclean technology sector is currently dependent on imports to supply its requirements.In addition, the mining and processing of these metals can have seriousenvironmental consequences. Therefore, taking action to recover these essential rawmaterials is considered to be an important component of pre-treatment.It remains unlikely that textiles, paper, card and organics separated from unsortedwaste will be of an acceptable quality to end users. Scottish Government considersthis approach to be complementary to quality source separation schemes.Glass can also being separated off from unsorted waste but the quality is low andrecycling back into container glass is not usually possible. Glass separated in thisway usually comprises part of a non-combustible inert waste stream which may findsome limited use as aggregate replacementA typical pre-treatment process is illustrated here: 81
  • 82. If unsorted waste has undergone mechanical processing to remove the priorityrecyclables listed above, it will be possible to describe the waste as ‘residual’ on theWaste Transfer Note. It will be an offence under the Duty of Care to describe as‘residual’ waste which has not been subject to the required mechanical treatment.SEPA, when regulating the inputs to incineration and co-incineration plants willperiodically audit waste processors to ensure that the required mechanical treatmentis carried out.It will be an offence under the PPC Regulations to incinerate or co-incinerate wastewhich is not residual waste. It is expected that operators of EfW facilities will ensurethat their suppliers either carry out this treatment or they will do it in-house. 82
  • 83. 4.7 Future WorkAs unsorted waste treatment and incineration of residual waste becomes establishedin Scotland, Scottish Government will investigate measures to increase the efficiencyof unsorted waste treatment are required. Currently there are very few Mixed WasteProcessing Facilities in Scotland which treat unsorted waste in this way. As thenumber increases, a survey of all waste facilities supplying residual waste forincineration would be carried out to baseline recovery rates across Scotland.If the survey shows that marketable recyclable material continues to be incinerated orco-incinerated, steps will be taken to drive up processing efficiency. This could bethrough direct regulation or through an accreditation scheme for waste treatment.Scottish Government proposes to carry out the initial survey in 2014. In themeantime, it is advisable for those carrying out waste treatment to ensure that theabove noted recyclables and valuable resources are extracted. 83
  • 84. 5.0 What are other suitable waste types?5.1 Other Suitable WastesSEPA will consider the suitability of single stream wastes for incineration on a caseby case basis. EfW facilities will demonstrate either at the Permit application stage orthrough Regulation 13 Variation to existing Permits that the waste is suitable forincineration.Examples of single stream wastes which would be considered suitable forincineration are; • Contaminated/treated wood • Waste oil • Poultry litter • Tyres / rubber • Solvents • Industrial filters, protective clothing and absorbents • Other unrecyclable textiles 84
  • 85. 6.0 What does this mean for operators of EfW6.1 Acceptance at the gateAt the gate of the EfW facility any unsorted waste (black bag type waste) would berejected and directed to pre-treatment. Otherwise, all waste accepted for processingin an EfW plant would be expected to: a) have come from a compliant mechanical treatment process b) have come from a compliant materials recycling facility (as rejected material) c) be one of the suitable waste types in nature (and declaring itself to be so)Operators of EfW facilities will be expected to inspect both the Waste Transfer Note(WTN) and the waste visually at the gate to ensure that incoming waste complieswith the new requirements.6.2 Duty of Care Audit TrailOperators of EfW facilities must be able to refuse incoming loads on the basis of theinformation provided on the Waste Transfer Note (WTN). The notes must clearlyshow that the waste has been pre-treated to comply with the restrictions onincinerating recyclable materials or that the waste comprises one of the specifiedsuitable waste types.In order to strengthen the enforceability of these new policies, changes to the Duty ofCare Regulations are proposed to include appropriate information on waste transfernotes.The information required to be provided on the WTN is laid out in the draftEnvironment Protection (Duty of Care) (Scotland) Regulations 2010 and the draftDuty of Care statutory Code of Practice, both of which form part of this consultation.A suggested format for a revised WTN is contained in the draft Duty of Care Code ofPractice and is also reproduced here in Appendix A. It includes an additional tick boxto provide a quick and easy way for operators to be reassured that the waste can beaccepted at their EfW facility. This will require waste treatment operators to declare 85
  • 86. that the waste has been “pre-treated for incineration” and make this statement on theWTNIt is for the operator, as part of their waste acceptance procedures, to keep evidenceas to what pre-treatment has been undertaken. SEPA will inspect for complianceusing the audit trail provided by WTNs. 86
  • 87. Section A – Description of WasteA1 – Describe the waste being transferred A2 – How is the waste contained Source Segregated Recyclables Unsorted Waste Loose Sacks Skip Drum Pre-Treated for Landfill Residual for Incineration Other OtherDescription A3 – How much waste? For example,European Waste Catalogue Code A4 – Standard Industrial ClassificationSection B – Current holder of the waste - TransferorB1 – Full name B2 – Are you the; Producer of the waste? Importer of the waste? Local Authority?Address The holder of a waste management authorisation? Licence No. A registered waste carrier Postcode Registration No.Section C – Person receiving the waste - TransfereeC1 – Full name C2 – Are you the; Producer of the waste? Importer of the waste? Local Authority?Address The holder of a waste management authorisation? Licence No. A registered waste carrier Postcode Registration No.Section D – The transferD1 – Address of transfer D2 – Broker who arranged this transfer Postcode PostcodeTransferor’s signature Transferee’s signature Name Representing Name Representing 87
  • 88. Zero Waste Plan – Implementation Guidance Guidance on Landfill Bans 88
  • 89. 1.0 GlossaryEnergy from Waste (EfW) - A process where waste is incinerated to produceenergy in the form of electricity and/or heat. It includes incineration and co-incineration, pyrolysis and gasification technologies.Unsorted waste - The fraction of waste remaining after recyclable materials havebeen separated at source.Materials Recycling / Recovery Facility (MRF) - A facility which sorts co-mingledcollections of dry recyclates into their separate components (sometimes called a“clean MRF”)Materials based ban – Relates to all, or part, of a certain type of material or productMeasurable property based ban – Refers to a test or other form of measurementthat determines whether or not the waste is of a particular type or has a value for thatproperty which is within a certain threshold limit of whatever characteristic the testrelates to e.g. biodegradability or density. The ban would apply to waste with acharacteristic that falls outside whatever threshold is set.Mixed Waste Processing Facility (MWPF) - A facility which treats unsorted wasteprior to further recovery and disposal (sometimes called a “dirty MRF”)Mechanical Biological Treatment (MBT) - A type of MWPF incorporating acombination of mechanical and biological treatment steps to stabilise and separatethe waste into recyclate, a biological fraction and a Refuse Derived Fuel.Mechanical Heat Treatment (MHT) - A process where unsorted waste is shreddedand steam treated to extract some recyclates and reduce the volume of the waste forfurther recovery or disposal (sometimes called autoclaving).Source Segregated Waste - Materials, such as paper, plastic, metal, glass andbiowaste (food and garden waste), which have been sorted into their separatefractions for recycling. 89
  • 90. 2.0 Strategic and policy objectivesScotland has already embarked on the journey towards a more sustainable approachto waste and resources. Recycling rates continue to rise, volumes of waste beingsent to landfill are declining, and as a society we are increasingly aware of theenvironmental impact of our activities.However, despite this progress, recyclable materials continue to be landfilled. TheZero Waste Plan is underpinned by a determination to achieve the best overalloutcomes for Scotland’s economy and environment by making best practical use ofthe approach in the waste hierarchy: prevention, reuse, recycling and recovery.The Zero Waste Plan sets out Government’s intention to develop regulatorymeasures to drive source segregation of recyclables, implement a phasedprogramme of landfill bans and ensure that only waste which could not have beenrecycled is incinerated.Zero Waste Plan Action 4: The Scottish Government will introduceprogressive bans on types of materials that may be disposed of in landfill, andassociated support measures, to ensure that no resources with a value forreuse or recycling are sent to landfill by 2020.The reasons for introducing landfill bans on recyclable and biodegradable waste aretwofold: • to increase the efficient use of resources by supporting recycling efforts • to reduce the environmental impact of disposal by reducing greenhouse gas emissions from landfilled wasteThe regulatory amendments suggested have been informed by research work carriedout by Eunomia Consulting on landfill bans25. The work focuses on defining waste bymaterial type (to conserve resources) or property (to protect the environment fromthe impacts of disposal).25 http://www.wrap.org.uk/downloads/FINAL_Landfill_Bans_Feasibility_Research.f66a6ebf.8796.pdf 90
  • 91. The research indicated landfill bans, when coupled with a “requirement to sort”,would deliver net environmental and financial benefits. Therefore, the priority actionis the requirement to source segregate and separately collect certain recyclablematerials and food. Source segregation is a crucial component of a successfulrecycling strategy because the quality of the resource is maintained. The materialbased landfill bans therefore support the upstream requirements to sort the keyrecyclable materials.Landfilling biodegradable waste also results in emissions of greenhouse gases, suchas carbon dioxide and methane, into the atmosphere. The Landfill Directive requiresMember States to draw up strategies to reduce the amount of biodegradable wastegoing to landfill. Therefore, making sure that biodegradable waste does not end upin landfill prevents the release of GHGs and fulfils the requirements of the Directive.Under these proposals, much less waste will be transported directly from producer tolandfill. Source segregated recyclable materials will be kept completely separate fromother wastes and/or materials to support high quality recycling. The remainingunsorted wastes must be pre-treated prior to landfill. This pre-treatment will extractrecyclable material, and produce a combustible fraction called Refuse Derived Fuel(RDF) destined for Energy from Waste (EfW) facilities. The other two main fractionsarising from treatment are an inert fraction (primarily aggregates and glass) and abiodegradable fraction which will require further treatment to reduce levels ofbiological activity prior to landfill.2.2 What is banned from landfill under the Zero Waste Plan?The Zero Waste Plan proposes regulatory change to deliver the two types of landfillban described above: • a material based ban based around source segregated key recyclable materials • a measurable property based ban based on biodegradable content 91
  • 92. This implementation guidance has been produced to assist landfill operatorsestablish whether the waste arriving at their gate can be accepted in compliance withtheir environmental permit. A flow diagram illustrating how waste will flow through thewaste management system to landfills after all of the bans are in force is shown atfigure 1. 92
  • 93. 93
  • 94. 3.0 Proposed Regulations3.1 Proposed Regulatory AmendmentScottish Government proposes to amend Regulation 6 of the Landfill (Scotland)Regulations 2003. It establishes a clear ban on both particular materials – thematerials based ban - and waste with a high biodegradable content – the measurableproperty based ban.6.—(1) The Landfill (Scotland) Regulations 2003( 26) are amended as follows. (2) After regulation 11(1)(fa) insert— ì(fb) as from…., any waste which has been collected and carried separately from other waste types in accordance with section 34(2C) or section 45C(4) of the Environmental Protection Act 1990; (fc) as from…….., any waste with an organic content greater than three percent of the total content;î.26( ) 94
  • 95. 4.0 ImplementationThe following section provides advice on how the proposed regulations could beimplemented in practice.4.1 Timeline for introductionAdditional waste management infrastructure and different types of collection systemswill be needed to manage recyclate and the remaining unsorted waste. This willinclude recycling plants for sorting and baling source segregated recyclables andmechanical, biological and incineration treatment plants for the remaining waste. Anappropriate lead in time must be allowed for the required infrastructure to be builtbefore the ban comes into effect, including collection systems to enable separatecollection of recyclable materials (paper and card, metals, plastics, glass, textiles andfood waste). This is illustrated in the timeline diagram below:For the material based bans, the extended Duty of Care to sort (segregate at sourceand separately collect) the recyclable materials will come into effect before the ban,meaning that the ban itself is not the primary driver to increase recycling. Makingsure that progress is being made towards high recycling rates through mandatorysource segregation means that the necessary treatment infrastructure is already inplace before the ban comes into effect. Therefore the material based landfill banswill be implemented in 2015, a full two years after the source segregationrequirements. 95
  • 96. The infrastructure required to meet the measurable property based ban requiresmore significant investment and can take longer to build, including the length of timetaken to obtain planning permission. Therefore, this ban will be introduced in 2017, afull two years after the material based bans.4.2 Material Based Ban – What does this mean in practice?Source segregated glass, metal, plastic, textile, paper, card and food will bebanned from disposal at landfill from the appropriate dates. Therefore, it will bean offence for landfill operators to accept these source segregated wastes fordisposal.The key recyclable materials targeted by the Zero Waste Plan are paper and card,plastics, metals, textiles, glass and food waste. These are the materials identified ashaving the greatest climate change benefits and resource efficiency gains where thelandfill ban is accompanied by a “requirement to sort”.In this regulatory model, the “requirement to sort” is achieved by placing a statutoryduty under an extended Duty of Care on any person who produces controlled waste(other than householders) to present the following wastes for collection separatelyfrom all other wastes:- • food • glass; • metals; • plastics; • textiles; • paper; and • card (including cardboard).There will also be a statutory requirement for local authorities to provide separatecollection services to households for these key materials where this is technically,economically and environmentally feasible. These two regulatory measuressupported by education and enforcement will, over time, drive increased levels ofsource segregation and remove the listed wastes from the unsorted waste stream. 96
  • 97. To complement these requirements, these separately collected wastes cannot belandfilled either individually or when co-mingled with each other. SEPA will includeconditions in landfill permits which will ban the listed recyclable materials from beingaccepted for disposal the landfill.The material based landfill ban applies only to materials which have already beensegregated for recycling as part of the new duty or by householders, supporting theirefforts. The ban does not, by itself, increase recycling rates for recyclable materials.It is important to understand that the ban does not apply to unsorted wastescontaining the banned materials. The intention is not to ensure that unsorted wastearriving at landfills is completely free from the listed items.Although the evidence shows that sorting recyclables at the producer site or kerbsideresults in fewer rejects, it is likely that some sorting of co-mingled waste will becarried out at a Materials Recycling / Recovery Facility (“MRF”). Sorting co-mingledrecyclables at MRFs results in rejected material which cannot be recycled. It will beacceptable to landfill these rejects directly despite the materials based ban. Rejectsfrom MRFs will also be considered to be “residual” waste and this classificationtogether with the landfill tax escalator might direct them towards incineration. Oncethe biodegradability ban comes into force, a proportion of these rejects will requireadditional treatment, such as thermal or biological treatment, in order to meet thethreshold.4.3 Biodegradable Waste – What does this mean in practice?Unsorted waste (i.e. black bags, litter bins, skips etc) is not specifically bannedfrom landfill, even where it contains the materials listed for mandatory sourcesegregation. However, after 2017, all waste sent for landfill must havemeasurable biodegradable content below the set threshold. That threshold andthe measurement method will be determined through the consultation.Therefore, in practice, unsorted waste will not be able to go directly from theproducer to landfill. Efforts to reduce biodegradability to below the thresholdmust be taken. 97
  • 98. This ban is the one which will make the biggest difference to how Scotland treats itswaste. Historically, Scotland has relied heavily on landfill to dispose of waste whichwas not collected for recycling. Under the new proposals, very little of this waste willbe transported directly from the producer to the landfill site.Limiting the biodegradable content of waste is intended to protect the environmentfrom greenhouse gas emissions and is not linked to the benefits of getting specificmaterials away from landfill. The emphasis of this ban is to address theenvironmental problems associated with landfill; emissions of greenhouse gases andleaching of substances into the water environment. This ban will shift unsortedwastes away from landfill and into other treatment routes such as MechanicalBiological Treatment (MBT) or Energy from Waste (EfW).Although the priority action is to require source segregation of recyclables it is likelythat unsorted waste from all sources will also contain recyclable material. Abiodegradability ban will perform the role of a ban on “unsorted waste”. A ban onbiodegradability, when matched with source segregation, performs two key functions; • acts as a requirement to pre-treat all unsorted wastes, and • protects the environment from the harmful effects of greenhouse gas emissions.The expected outcome would be to shift unsorted waste away from landfill and intoalternative treatments. Under this framework, it is possible for unsorted wastetreatment operators to produce a ‘residual’ waste stream for incineration (RDF) byremoving recyclable materials and a stabilised fraction for landfill. If these effortshave not been made and the biodegradability is not below the measurable thresholdprocessors will not be able to describe the landfill fraction as “pre-treated prior tolandfill” on the Waste Transfer Note.It is likely that Energy from Waste and Mechanical Biological Treatment (MBT) willprovide the bulk of this treatment. These processes are regulated by SEPA. Plantswhich seek to meet this threshold through biological treatment will be required tohave a testing plan in place which demonstrates that the stabilised waste meets thestandard under standard operating conditions. 98
  • 99. As a result of this ban, the Landfill Allowance Scheme may be revoked as the banwould ensure that the targets to divert biodegradable waste from landfill requiredunder the Landfill Directive will be met through pre-treatment to achieve low levels ofbiological activity. Mass balance type calculations would no longer be necessary asoperators would just have to demonstrate that the output met the threshold, ratherthen reporting “loss”.There may be a few specific waste types which cannot be treated to meet thebiodegradability threshold but which require to be disposed of in landfill. Such anexample might be contaminated soils, although this will depend on what level ofbiological activity is set as the threshold. There might also be circumstances whererecyclable materials are temporarily stored at landfill sites if, for example, there was asevere downturn in the market for recyclable material. SEPA will take these types ofissues into consideration when drafting landfill permit conditions. 99
  • 100. 5.0 What does this mean for landfill operators?5.1 Acceptance at the GateAt the landfill gate any unsorted waste (black bag type waste) would be rejected anddirected for pre-treatment. Otherwise, after all the bans have been implemented, allwaste accepted for landfilling would be expected to; d) Have come from a compliant MBT plant. e) Have come from a compliant incinerator or gasifier. f) Be non-biodegradable in nature (and declaring itself to be so).Landfill operators will be expected to inspect both the Waste Transfer Note and thewaste visually at the gate to ensure that the incoming waste complies with the newrequirements.5.2 Duty of Care Audit TrailLandfill operators must be able to refuse incoming loads on the basis of theinformation provided on the Waste Transfer Note (WTN). From 2017, the notes mustclearly show that the waste has been pre-treated to comply with the biodegradabilityban.In order to strengthen the enforceability of these new policies, changes to the Duty ofCare Regulations are proposed to include appropriate information on waste transfernotes.The information required to be provided on the WTN is laid out in the draftEnvironment Protection (Duty of Care) (Scotland) Regulations 2010 and the draftDuty of Care statutory Code of Practice, both of which form part of this consultation.A suggested format for a revised WTN is contained in the draft Duty of Care Code ofPractice and is also reproduced here in Appendix A. It includes an additional tick boxto provide a quick and easy way for landfill operators to be reassured that the wastecan be accepted at their landfill site. This will require waste treatment operators to 100
  • 101. declare that the waste has been “pre-treated for landfill” and make this statement onthe WTNIt is for the landfill operators, as part of their waste acceptance procedures, to keepevidence as to what pre-treatment has been undertaken. SEPA will inspect forcompliance using the audit trail provided by WTNs.5.3 Non-biodegradable wastesThere are a number of wastes which can meet the biodegradability ban without pre-treatment and may be sent directly to landfill. Examples of single stream wasteswhich may not need to go through a pre-treatment stage: • Asbestos • Bricks, tiles and concreteThis list is not exhaustive and waste streams declaring themselves to meet thethreshold should be scrutinised by landfill operators as part of their waste acceptanceprocedures. These wastes streams must be declared as non-biodegradable on thetransfer note. Once the measurement method and threshold level has been decidedupon, SEPA will develop guidance for landfill operators on those wastes likely tomeet the requirements of the ban without pre-treatment. 101
  • 102. Section A – Description of WasteA1 – Describe the waste being transferred A2 – How is the waste contained Source Segregated Recyclables Unsorted Waste Loose Sacks Skip Drum Pre-Treated for Landfill Residual for Incineration Other OtherDescription A3 – How much waste? For example,European Waste Catalogue Code A4 – Standard Industrial ClassificationSection B – Current holder of the waste - TransferorB1 – Full name B2 – Are you the; Producer of the waste? Importer of the waste? Local Authority?Address The holder of a waste management authorisation? Licence No. A registered waste carrier Postcode Registration No.Section C – Person receiving the waste - TransfereeC1 – Full name C2 – Are you the; Producer of the waste? Importer of the waste? Local Authority?Address The holder of a waste management authorisation? Licence No. A registered waste carrier Postcode Registration No.Section D – The transferD1 – Address of transfer D2 – Broker who arranged this transfer Postcode PostcodeTransferor’s signature Transferee’s signature Name Representing Name Representing 102
  • 103. RESPONDENT INFORMATION FORMRegulations to Deliver Zero Waste – A Consultation on the Proposed Zero Waste(Scotland) Regulations 2011Please complete the details below and return it with your response. This will help ensure wehandle your response appropriately. Thank you for your help.Name/organisation:.......................................................................................................................................Postal Address:…………………………………………………………………………………………………..…………………………………………………………………………………………………..1. Are you responding: (please tick one box)(a) as an individual ( go to Q2a/b and then Q4 )(b) on behalf of a group/organisation ( go to Q3 and then Q4 )Individuals2a. Do you agree to your response being made available to the public (in ScottishGovernment library and/or on the Scottish Government website)? Yes ( go to 2b below ) No ( We will treat your response as confidential )2b. Where confidentiality is not requested, we will make your responseavailable to the public on the following basis: (please tick one of the followingboxes)Yes, make my response, name and address all availableYes, make my response available, but not my name or addressYes, make my response and name available, but not my address
  • 104. On behalf of Groups or Organisations3. The name and address of your organisation will be made available to the public (inthe Scottish Government library and/or on the Scottish Government website).Are you also content for your response to be made available?YesNo ( We will treat your response as confidential )Sharing Responses4. We will share your response internally with other Scottish Government policyteams who may be addressing the issues you discuss. They may wish to contactyou again in the future, but we require your permission to do so. Are you content forthe Scottish Government to contact you again in the future in relation to thisconsultation response?YesNoPlease return this information form with your comments by 28 February 2011.Your comments with this form may be sent by post, e-mail or fax to:-Postal address: Zero Waste Delivery Team Scottish Government Area 1-H Victoria Quay Edinburgh EH6 6QQE-mail: EQCAT@scotland.gsi.gov.ukFax: 0131-244 0245
  • 105. © Crown Copyright 2010ISBN: 978-0-7559-9845-6 (web only)APS Scotland GroupDPPAS11043 (11/10) w w w . s c o t l a n d . g o v . u k

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