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Developments in waste regulation 2014 - Scotland
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Developments in waste management
regulation and practice โ Scotland
14 November 2014 1
Warren Percival
Director
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What we will cover in this session
๏ง Waste information versus waste
transfer notes
๏ง Electronic duty of care (edoc)
programme
๏ง Professional collectors and transporters
of waste
๏ง Scrap metal
๏ง Waste exemptions
๏ง SEPA sustainable reuse of greenfield
soil in construction
๏ง Zero Waste Scotland
๏ง Landfill tax
๏ง Energy Saving Opportunity Scheme
(ESOS)
๏ง Changes to ISO 14001
214 November 2014
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Waste information versus waste transfer
notes (WTN)
๏ง From 6 April 2014, WTNs were renamed โwaste informationโ under the Waste
(England and Wales) (Amendment) Regulations 2014
๏ง This was to accommodate the electronic duty of care (edoc) programme
๏ง edoc extends to Scotland and is approved by SEPA; however, no change was
made in the Environmental Protection (Duty of Care) (Scotland)
Regulations 2014 to rename WTNs
๏ง The Scottish regulations allow the preparation of a written description that may
be electronic. However, Regulation 5 states:
โThe transferor and the transferee must keep the written description and the
transfer note (or copies of them) for a period of two years from the date of transfer
of the waste.โ
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Waste transfers
Must contain
๏ง A written description of the waste
๏ง The European Waste Catalogue
(EWC) code
๏ง The Standard Industry Classification
(SIC) code
๏ง A waste hierarchy declaration
๏ง The waste carrierโs name and
registration No.
๏ง The address of the receiving site
(i.e., landfill) and the environmental
permit or exemption number
๏ง Signatures of the site representative
and the carrier
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Electronic duty of care (edoc) programme
The electronic duty of care (edoc) programme
was launched January 2014 and provides
๏ง Online waste tracking to enable monitoring
of waste flows throughout the UK
๏ง A national, Internet-based store for waste
transfer note records
๏ง A system businesses can adopt in place of the
paper-based WTNs.
The edoc web portal simplifies the completion of a waste transfer records
and includes
๏ง Auto-populating fields, e.g., address and postcode
๏ง Restricting values for a field, e.g., selections from a dropdown list or a user-
configured subset of values
๏ง A keyword search, e.g., use-type matching options are displayed
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edoc โ Summary of features
You can
๏ง Create a WTN that can be shared between parties
๏ง Review, edit, sign and store WTNs online
๏ง Receive automatic email notifications when there is an action for your attention
๏ง See a log of the actions performed, by whom and when
๏ง Create a season ticket with the option to include multiple waste types,
containers and collection frequencies
๏ง Receive email alerts if a season ticket is about to expire
๏ง Search and retrieve records quickly and easily
๏ง Create downloadable business reports on the waste transfers you have been
involved in
๏ง Use an optional tracking system to see the fate of the waste.
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Professional collectors and transporters of
waste
Certain businesses are required to register as professional collectors and
transporters of waste, as specified in the Waste Management Licensing
(Scotland) Regulations 2011.
These are operations that are not required to register under the Controlled Waste
(Registration of Carriers and Seizure of Vehicles) Regulations 1991.
The categories of organisation are
๏ง Charitable and voluntary organisations
๏ง Businesses that normally and regularly transport their own waste,
excluding construction and demolition waste
๏ง Carriers of animal by-products.
๏ง Carriers of mine and quarry wastes
๏ง Carriers of agricultural waste
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Scrap metal dealers
๏ง Similar proposals to those introduced in
England and Wales have been under
consultation in Scotland
๏ง Proposals to remove current exemptions
for business with a turnover greater than
ยฃ1 million
๏ง Document retention requirements for records
๏ง Compulsory requirement for CCTV proposed
๏ง Current requirement for metals to be retained
for 48 hours under consideration for removal
owing to site size, etc.
๏ง Ban on cash payments
๏ง Will be introduced in Scotland through the Air
Weapons and Licensing Bill, which is
currently at Stage 1 of its progression through
the Scottish Parliament
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Waste exemptions
Several different types of exemption
are available, depending on your
operation
Common exemptions for construction
include Paragraph 19: Waste for
construction and other relevant work:
๏ง Complex exemption and requires a
fee to be paid to SEPA
๏ง 21 days notice is required before
work commences
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SEPA sustainable reuse of greenfield soil in
construction
๏ง Relates to the use of naturally occurring topsoil and
subsoil from greenfield sites
๏ง Soil may be used for engineering purposes, providing
there is a capping layer on a brownfield site, in sustainable
urban drainage systems and in the construction of roads
and road verges
๏ง Does not cover the reuse of
๏ง Peat
๏ง Contaminated soil
๏ง Secondary aggregate
๏ง Soil from land that is or was occupied by a permanent
structure and/or associated fixed infrastructure; soil from
land previously classed as industrial; soil for military use;
or general construction and demolition waste
๏ง Does not cover storage of soil at third-party sites awaiting use
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Zero Waste Scotland
๏ง Since 1 January 2014, businesses have had to present โdry
recyclablesโ for separate collection
๏ง Dry recyclables includes
๏ง Metal
๏ง Plastic
๏ง Glass
๏ง Paper
๏ง Card
๏ง Food businesses that produced more than 50 kg of food waste per week
have had to present food waste for separate collection
๏ง From 1 January 2016, businesses producing more than 5kg food waste
per week must present it for separate collection
๏ง There will be a ban on food waste deposited in drains or sewers from 1 January 2016
๏ง There will be a ban on biodegradable waste going to landfill by 1 January 2021
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Landfill Tax
From 2015, the Scottish government
will be able to levy Landfill Tax directly:
๏ง As of the 1 April 2015, the standard
rate will be ยฃ82.60 per tonne
๏ง The lower rate, for materials listed in
the Scottish Landfill Tax (Qualifying
Material) Order 2014, will be ยฃ2.60
per tonne
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Using the SWMP Monitoring ToolWRITING A SWMP!INTRODCTION
Other key changes
1314 November 2014
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Energy Savings Opportunity Scheme (ESOS)
The ESOS regulations extend to all large enterprises:
those
๏ง Employing at least 250 persons or
๏ง Having an annual turnover in excess of โฌ50 million and
an annual balance sheet in excess of โฌ43 million.
๏ง Determine your total energy consumption over a consecutive 12-month period:
the reference period
๏ง This period must overlap with the qualification date (31/12/14); the end date for
reference period must be before the compliance date (05/12/15)
๏ง You must be certified to ISO 50001 for full operations or
๏ง Have an โapproved assessorโ confirm 90% of your organisationโs total energy
consumption
๏ง The four-yearly compliance periods end on 5 December 2019, 2023, etc.
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Changes to ISO 14001
January 2015: Final draft international standard
May 2015: The revised ISO 14001 will be adopted and published, and the
transitional period for organisations with certifications will begin.
Key changes in the revised draft standard include
๏ง Understanding the organisationโs strategic context and engagement with
interested parties
๏ง Greater focus on environmental performance improvement across the value
chain
๏ง Evaluating organisational risks and opportunities in the context of external
environmental conditions, e.g., adapting to climate change and resource
availability
๏ง Strengthening requirements on the involvement of top management and the
integration of environmental management/sustainability into core business
processes and alignment with business strategies
๏ง Greater clarity on external communication, including emphasis on data quality
and assurance
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Notes to presenter:
However, Waste Information has not been given a formal definition within the amendment regulations.
4
Currently each year 23 million paper based waste transfer notes are produced in the UK. Waste producers currently have to have archive paper storage for approximately 150 million waste transfer notes.
The optional tracking system requires the business to agree to additional scrutiny of their waste transfers
Briefly discuss the changes and possible consequences
9
Notes to Presenter:
The quantity of material that can be moved is determined by the upper limits listed below. These must be followed for approved uses of soil in construction projects. Uses at depths greater than these must be carried out under a relevant exemption.
Soil type Depth (mm)
Topsoil 100โ150
Subsoil 300โ450
Prior to the commencement of excavation the person responsible for the excavation must establish that there is an identified and certain end use for the Greenfield soil. All uses must be in accordance with current planning permission including approved drawings. The guidance only applies to use of Greenfield soil in construction and development projects.
Greenfield soil reused under the guidance are unlikely to be subject to waste controls, and the soil can be reused without a waste management licence or exemption in place. The producer or the receiver of the soil must sign a one page declaration and send it to SEPA before soil is removed from site.ย
Scotland introduced first Zero waste plan in 2010
Scotlandโs vision for zero waste society (targets: 70% recycled & max 5% to landfill by 2025)
Full implementation of Waste Hierarchy, shift to top tiers & altering of mind-set regarding waste as valuable resource
Waste (Scotland) Regs 2012 aim at tackling recycling of โhigh-qualityโ waste streams within waste hierarchy
Passed by Scottish parliament 9 May 2012 & amends Sec 34 of Environmental Protection Act 1990
Scotlandโs implementation of the revised EU Waste Framework Directive (2008/98/EC)
regards waste as valuable resource providing raw materials in sustainable economy
Regulation defines โdry recyclablesโ as: metals, glass, plastics, paper, card and cardboard
Co-mingling systems can be used in some circumstances but only when:
Quantity & quality is not compromised,
Not mixed with un-recyclable waste & waste that would compromise quality (i.e. Wet waste),
Waste meets relevant quality standards, and
Waste is managed in manner to promote high quality recycling
Food business defined as:
โan undertaking, whether for profit or not, and whether public or private, carrying out any activity related to the processing, distribution, preparation or sale of foodโ.
Target significant food waste producers
Not takeaways or premises where food is brought elsewhere to be consumed
Exemptions include:
Rural food businesses (rural defined by Scottish Government- document โDefining rural and non-rural areas to support zero waste policiesโ produced giving postcodes)
Food businesses producing <5kg per wk
Food waste that has arisen from international transport
Food waste can be mixed with other biodegradable wastes provided that:
Quantity and quality presented for recycling is equivalent than if it were collected separately
Other biodegradable waste listed in Publically Available Specification documents (PAS100: Composting & PAS 110: Anaerobic digestion)
Food waste disposers such as macerators can not be used to discharge food waste to drains or sewers from 1st Jan 2016. De-watering systems can be used.