Waste Regulation &   Permitting Waste Operations, Activities and Capacities              Andre Akiyode        Waste Regula...
ObjectiveTo help readers understand what is meant by:Waste Operation (Recovery vs Disposal)Waste Facility TypesWaste Ac...
What we will coverObjectiveWaste operationsWaste Activities (R &   D Codes)Waste Facility TypesWaste TypesRegulatory...
Waste Operations Regulation 2 of the Environmental Permitting Regulations 2010 (EPR)  states: waste operation is the reco...
Waste Activities (R & D Codes)A waste operation is defined by the type(s) and quantity of waste it accepts, and the activ...
Waste Recovery and Disposal A waste activity simply involves the management of waste as defined  by the Waste Directive 2...
Waste Recovery and Disposal   Recovery as defined by the waste directive is:       any operation the principal result of...
Waste Types There are 3 main types of wastes depending on their sources:    Household or Municipal waste,    Commercial...
Waste Types Inert waste: is defined by the landfill directive as waste that does not undergo  any significant physical, c...
Classes of Regulated FacilityThere are different classes of regulated facilities: Installations – generally these are fac...
Classes of facilities mobile plant – Non Stationary Technical Units. The most  common are mobile waste plant used in land...
Types of Facilities - Waste StorageWaste Transfer Station    Building or processing site for     the temporary depositio...
Types of Facilities - Waste TreatmentMechanical BiologicalTreatment (MBT)   Integration of several    processes, e.g. sep...
Types of Facilities - Waste TreatmentMaterial Recycling Facility  (MRF) Separating & extracting  mixed waste streams Man...
Types of Facilities - Waste RecoveryWaste Composting Biological process for the  breakdown of organic material. Typical ...
Types of facilities - Waste DisposalLandfillDisposal of waste by burialThree main categories: Inert, Non Hazardous and H...
ExamplesList the typical R and D codes you will use?    Waste Transfer Station accepting mixed waste streams: D15, D14, ...
Regulation of waste activities (Disposal)    Section 5.3 of part 2 of schedule 1 of EPR    a)   The disposal of hazardous...
Regulation of waste activitiesi.    Biological treatment, not being treatment specified in any      paragraph other than p...
Regulation of waste facilities   Hazardous waste: These are waste that posses any of the hazardous properties (H1 to H15)...
Hazardous Waste
Hazardous Waste Capacity Section 5.3 of part 2 of schedule 1 of EPR  a) The disposal of hazardous waste (other than by in...
Waste Oil Capacity Section 5.3 of part 2 of schedule 1 of EPR   b) The disposal of waste oils (other than by incineration...
Waste Oil Capacity The word “processing”, means treatment to enable it’s re-use  (waste recovery). We will look at this l...
Non Hazardous Waste Capacity         Section 5.3 of part 2 of schedule 1 of EPR    c)      Disposal of non-hazardous wast...
Non Hazardous Waste Capacity For section 5.3(c)(i) above - This means any facility where:     more than 50 tonnes of no...
Non Hazardous Waste Capacity For section 5.3(c)(ii) above - This means any facility where:   more than 50 tonnes of non...
Waste Recovery
Regulation of waste activities (Recovery) As the main purpose of recovery is to enable the use of  waste thereby conservi...
Hazardous Waste (Recovery) Section 5.4 of part 2 of schedule 1 of EPRc)   Unless carried on as part of any other Part A a...
Hazardous Capacity The above means any plant where more than 10 tonnes of  hazardous waste is recovered per day (by R1, R...
Non Hazardous Capacity There is nothing in the Regs. that limits the recovery of Non  Hazardous waste. It therefore foll...
Limiting Activities We use the limit of activities table S1.1 to:     specify & restrict the activities (as required by ...
Limiting Activities (contd)   Quantity of waste that can be accepted and stored for disposal    (<10 tonnes/day);   Capa...
Limiting Activities Permits for a facilities accepting, storing and/or treating Non Hazardous waste  will specify:     R...
Question time Question 1 An application for a deposit for recovery permit. The proposal is to accept both  inert and non...
Worked Example Question 2 An application for a waste transfer station has been submitted. Waste  will be stored on site ...
Waste Regulation and Permitting
Waste Regulation and Permitting
Waste Regulation and Permitting
Waste Regulation and Permitting
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Waste Regulation and Permitting

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The Environmental Permitting Regulations (England and Wales) 2010 were introduced on 6 April 2010, replacing the 2007 Regulations.
In 2007 the Regulations combined the Pollution Prevention and Control (PPC) and Waste Management Licensing (WML) regulations.

If you are storing or treating waste and your activity is listed in Schedule 3 of the Environmental Permitting Regulations (EPR) then you do not require a permit but you may need to register an exemption.

If your activity is not exempt then you will require an environmental permit. If you operate or are proposing to operate a facility which meets the criteria below you will need to apply for a waste or installation permit.

You are disposing of hazardous waste (other than by incineration or landfill) in a facility with a capacity of more than 10 tonnes per day.

You are disposing of waste oils (other than by incineration or landfill) in a facility with a capacity of more than 10 tonnes per day.
You are disposing of non-hazardous waste in a facility with a capacity of more than 50 tonnes per day by biological treatment (D8) or physico-chemical treatment (D9).

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  • *See Regulation 15 of the revised Waste Directive *Storage or treatment of waste for disposal (D15) is a disposal operation. Likewise storage of waste for recovery (R13) is a recovery operation.
  • Example: *By activities, we mean the waste management activities that are carried out in the facility, e.g. storage or treatment of waste. *Some waste activities are regulated through registered exemptions and others by permits. This depends on the type of operation, type and quantity of waste. *A facility carrying out storage and recycling of non hazardous organic/putrescible waste is most likely to be a composting facility. *A list of R and D codes can be found in Annex I and II of the Waste Directive 2008.
  • *Installations are activities listed in Schedule 1 of the Environmental Permitting Regulations 2010 *Local Authorities are mainly responsible for waste collection. Waste carriers, dealers and brokers are regulated by other departments in the Agency. *We (NPS) only deal with waste recovery and disposal including storage for recovery and disposal.
  • *Household waste – waste produced in your homes *Commercial waste – waste which results from businesses and it ’s operations, e.g. wholesalers, caterers, shops, offices. This also includes refuse from gardening and building work carried out on a domestic property, if the person carrying out the work is not the homeowner. *Industrial Waste - waste produced by industrial activity, such as that of factories, mines, chemical, power and production plants. Such waste need to be disposed of by commercial operations.
  • The main purpose is to store waste. It has a both logistical and financial advantages as waste can be brought in and stored over a period of time. Once a given quantity is reached, the whole lot can be collected and taken to the appropriate site either for recovery or disposal. This saves the cost of having to travel every now and then. Some transfer stations also carry out waste treatment mainly to facilitate storage and collection.
  • This includes both physical treatment of mixed waste streams and biological treatment of organic waste. Waste can also be stored prior to recovery.
  • This is mainly a physical treatment process. Waste can be stored prior to recovery.
  • Landfill. Solvent emissions. WEEE.
  • When we refer to permitting it could be the determination of applications for any of the above. Explain the meaning of these types of application
  • *Hazardous Properties include Explosive, Toxic, Sensitizing, Carcinogenic, Mutagenic, Infectious, etc *Biological treatment – Composting, Anaerobic Digestion *Physico-chemical treatment – Soil washing with surfactants, shredding, stabilisation/solidification, etc
  • *Incineration and Landfill are listed under sections 5.1 and 5.2 respectively. They are both Installations (based on specified thresholds) and therefore not determined by the waste team. They are also subject to different directives, i.e. the Waste Incineration Directive and the Landfill Directive both of which imposes technical standards far beyond the requirements of the Waste Framework Directive.
  • *Waste shall not be stored for more than 1 year for disposal or 3 years for recovery
  • *Waste shall not be stored for more than 1 year prior to disposal or 3 years prior to recovery
  • Waste Regulation and Permitting

    1. 1. Waste Regulation & Permitting Waste Operations, Activities and Capacities Andre Akiyode Waste Regulation Consultant A.AKIYODE@ABBYOO.CO.UK
    2. 2. ObjectiveTo help readers understand what is meant by:Waste Operation (Recovery vs Disposal)Waste Facility TypesWaste Activities (R & D codes)Limit of Activities
    3. 3. What we will coverObjectiveWaste operationsWaste Activities (R & D Codes)Waste Facility TypesWaste TypesRegulatory LimitsUsing R & D codesLimit of Activities Worked ExamplesSummary/CloseQuestions
    4. 4. Waste Operations Regulation 2 of the Environmental Permitting Regulations 2010 (EPR) states: waste operation is the recovery or disposal of waste. All waste activities, other than temporary storage of waste at the place of production, are classified as either disposal or recovery operations*. Where waste is not being recovered it is deemed to be part of a disposal operation. The landfill or incineration of waste is a disposal operation. The deposit of waste to land for recovery is a recovery operation.
    5. 5. Waste Activities (R & D Codes)A waste operation is defined by the type(s) and quantity of waste it accepts, and the activities* carried out within the facility*.A facility carrying out a waste recovery operation will have Recovery (R) codes in it’s permit and facility carrying out a waste disposal operation will have Disposal (D) codes.
    6. 6. Waste Recovery and Disposal A waste activity simply involves the management of waste as defined by the Waste Directive 2008. A Waste activity will generally be a waste operation if not defined as an installation; Paragraph 9 of Article 3 of the Waste Directive 2008 defines waste management’ as the collection, transport, recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as a dealer or broker. For the purpose of regulating these facilities, the EA National Permitting Service determines permit application for waste recovery and disposal operations.
    7. 7. Waste Recovery and Disposal Recovery as defined by the waste directive is:  any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Disposal is also defined as:  any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy. Annex I and II sets out a non-exhaustive list of disposal and recovery operations;
    8. 8. Waste Types There are 3 main types of wastes depending on their sources:  Household or Municipal waste,  Commercial Waste and  Industrial Waste. Following assessment, each of these must be characterised as: Inert, Hazardous or Non Hazardous Waste.
    9. 9. Waste Types Inert waste: is defined by the landfill directive as waste that does not undergo any significant physical, chemical or biological transformations. Inert waste will not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm human health. The total leachability and pollutant content of the waste and the ecotoxicity of the leachate must be insignificant, and in particular not endanger the quality of surface water and/or groundwater; Hazardous waste: Some types of waste are harmful to human health, or to the environment, either immediately or over an extended period of time. These are called hazardous wastes. e.g, lead acid batteries or fluorescent tubes; Non Hazardous waste: is waste which is not on the Hazardous Waste List, and includes municipal waste and inert waste;
    10. 10. Classes of Regulated FacilityThere are different classes of regulated facilities: Installations – generally these are facilities at which industrial, waste and intensive farming activities falling (mainly) under the Integrated Pollution Prevention and Control Directive are carried out. The activities are listed in Schedule 1 to the Regulations. Any other waste activity (recovery or disposal) will generally be a waste operation if not defined as an installation;
    11. 11. Classes of facilities mobile plant – Non Stationary Technical Units. The most common are mobile waste plant used in land reclamation; mining waste operations - managing extractive waste; water discharge activities - these can be stand alone or part of one of the above; groundwater activities - these may be stand alone or part of any of the other facilities; radioactive substances activities - these can never be part of another facility.
    12. 12. Types of Facilities - Waste StorageWaste Transfer Station  Building or processing site for the temporary deposition of waste.  Storage prior to off-site removal for disposal or recovery, e.g. incineration, landfill, hazardous waste facility, recycling
    13. 13. Types of Facilities - Waste TreatmentMechanical BiologicalTreatment (MBT) Integration of several processes, e.g. separation, screening, composting, heating treatment Less harmful and / or more beneficial output waste streams.
    14. 14. Types of Facilities - Waste TreatmentMaterial Recycling Facility (MRF) Separating & extracting mixed waste streams Manual/mechanical separation techniques Conveyor systems to carry, sort, screen, separate waste into components, e.g. plastics, metals, papers, etc.
    15. 15. Types of Facilities - Waste RecoveryWaste Composting Biological process for the breakdown of organic material. Typical waste include, green & putrescible wastes Usually requires pre-sorting and screening to remove non- compostables.
    16. 16. Types of facilities - Waste DisposalLandfillDisposal of waste by burialThree main categories: Inert, Non Hazardous and Hazardous LandfillsInert Landfill are waste facilities.
    17. 17. ExamplesList the typical R and D codes you will use?  Waste Transfer Station accepting mixed waste streams: D15, D14, R13, R3, R4, R5  Mechanical Biological Treatment Facility mixed waste streams: R13, R3, R4, R5  Physical Treatment Facility accepting inorgic waste only (excluding metals): D15, D14, D9, R13, R05,  Physical Treatment Facility accepting mixed waste streams (excluding metals): D15, D14, D8, D9, R13, R3, R5)  Waste Composting Facility: R13, R3  Material Recycling Facility: R13, R3, R4, R5
    18. 18. Regulation of waste activities (Disposal) Section 5.3 of part 2 of schedule 1 of EPR a) The disposal of hazardous waste (other than by incineration or landfill) in a facility with a capacity of more than 10 tonnes per day. b) The disposal of waste oils (other than by incineration or landfill) in a facility with a capacity of more than 10 tonnes per day. c) Disposal of non-hazardous waste in a facility with a capacity of more than 50 tonnes per day by –
    19. 19. Regulation of waste activitiesi. Biological treatment, not being treatment specified in any paragraph other than paragraph D8 of Annex IIA to the Waste Framework Directive, which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D2 in that Annex (D8), orii. Physico-chemical treatment, not being treatment specified in any paragraph other than paragraph D9 in Annex IIA to the waste Framework Directive, which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 in that Annex (for example, evaporation, drying, calcination, etc (D9). To better explain this section, it’s important to look at some of the terms used:
    20. 20. Regulation of waste facilities Hazardous waste: These are waste that posses any of the hazardous properties (H1 to H15) in the Hazardous Waste Directive. They are harmful to human health or the environment, either immediately or over an extended period of time, e.g, lead acid batteries or fluorescent tubes. Non Hazardous waste: is waste which is not on the Hazardous Waste List, and includes municipal waste and inert waste; Inert waste: is defined by the landfill directive as waste that does not undergo any significant physical, chemical or biological transformations. Inert waste will not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm human health. The total leachability and pollutant content of the waste and the ecotoxicity of the leachate must be insignificant, and in particular not endanger the quality of surface water and/or groundwater; Waste Oil: Within the meaning of the EPR include mineral oil such as gear box oil, engine oil, lubricating oil, etc. They do not include fuel oil or edible oil. Biological Treatment: Treatment process which involves the breakdown of organic or biodegradable waste; Physico-chemical Treatment: Physical and/or chemical treatment processes. Physical treatment will not change the chemical propeerties of the waste, e.g. breaking and separation. Chemical treatment changes the chemical and sometimes physical nature of the waste, e.g. solidification. ‘treatment’ means recovery or disposal operations, including preparation prior to recovery or disposal. So treatment would include screening, shredding, crushing, compaction, etc prior to recovery/recycling or disposal; Capacity: this refers to potential capacity and not historical or actual production levels or throughput. That is what the facility is able to accept or treat as prescribed by the regulation. This will be explained in more details. Incineration & Landfill are both waste disposal activities through the burning/destruction and deposit on or into land of waste respectively. These are listed separately in sections 5.1 and 5.2 of EPR.
    21. 21. Hazardous Waste
    22. 22. Hazardous Waste Capacity Section 5.3 of part 2 of schedule 1 of EPR a) The disposal of hazardous waste (other than by incineration or landfill) in a facility with a capacity of more than 10 tonnes per day. This means any facility where more than 10 tonnes of haz waste is disposed of per day (other than by incineration [D10] or landfill [D01/D05]) will be an Installation. So disposal of less than 10 tonnes of hazardous waste per day (other than by incineration or landfill) would be a waste activity. Note the Disposal codes in Annex I of the WFD. Look at D15. What comes to mind? The main disposal codes that you will come across when dealing with a permit for hazardous waste disposal will include D8, D9, D13, D14 & D15. The other Disposal codes apply to other regimes, e.g. D01 for landfills.
    23. 23. Waste Oil Capacity Section 5.3 of part 2 of schedule 1 of EPR b) The disposal of waste oils (other than by incineration or landfill) in a facility with a capacity of more than 10 tonnes per day. “Disposal” means the processing or destruction of waste oil as well as it’s storage and tipping above ground. For “storage” (for disposal) this means any facility where more than 10 tonnes of waste oil is disposed of per day (other than by incineration or landfill) will be an Installation. So disposal of less than 10 tonnes of waste oils per day (other than by incineration [D10] or landfill [D01/D05]) would be a waste activity. Disposal codes that you will come across when dealing with a permit for waste oil disposal will be D15. The other Disposal codes apply to other regimes, e.g. D01 for landfills.
    24. 24. Waste Oil Capacity The word “processing”, means treatment to enable it’s re-use (waste recovery). We will look at this later on. “Destruction”, means incineration. Waste oils are considered to be hazardous waste. Incineration of hazardous waste is listed in section 5.1(A1)(a) of schedule 1 of EPR. So this will be an installation and does not fall under waste regulation. As for “tipping” the Landfill Directive prohibits the tipping of liquid waste in a landfill. So tipping or landfilling of waste oil is illegal and not permitted. Any tipping whether accidental or intentional must be remedied. Sites where this occur may be classed as Contaminated lands also known as Part 2A sites which are regulated by Local Authorities.
    25. 25. Non Hazardous Waste Capacity Section 5.3 of part 2 of schedule 1 of EPR c) Disposal of non-hazardous waste in a facility with a capacity of more than 50 tonnes per day by – i. Biological treatment, not being treatment specified in any paragraph other than paragraph D8 of Annex IIA to the Waste Framework Directive, which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D2 in that Annex (D8), or ii. Physico-chemical treatment, not being treatment specified in any paragraph other than paragraph D9 in Annex IIA to the waste Framework Directive, which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 in that Annex (for example, evaporation, drying, calcination, etc (D9).
    26. 26. Non Hazardous Waste Capacity For section 5.3(c)(i) above - This means any facility where:  more than 50 tonnes of non hazardous waste is disposed of per day (by biological treatment [D8]) will be an Installation. So disposal of less than 50 tonnes of non hazardous waste per day (by biological treatment [D8] would be a waste activity. Disposal codes that you may need to use when dealing with a permit for disposal (storage or treatment) of non hazardous waste consisting of organic wastes will be D15 and D08. The other Disposal codes apply to other regimes, e.g. D01 for landfills.
    27. 27. Non Hazardous Waste Capacity For section 5.3(c)(ii) above - This means any facility where:  more than 50 tonnes of non hazardous waste is disposed of per day (by physico-chemical treatment [D9] will be an Installation. So disposal of less than 50 tonnes of non hazardous waste per day (by physico-chemical treatment [D9] would be a waste activity. The main disposal codes that you may need to use when dealing with a permit for disposal (storage or treatment) of non hazardous waste consisting of in-organic wastes will be D15 and D09. The other Disposal codes apply to other regimes, e.g. D01 for landfills. Where there is a mixture of both, i.e. organic and inorganic waste, all codes (D15, D8 & D9) may be used.
    28. 28. Waste Recovery
    29. 29. Regulation of waste activities (Recovery) As the main purpose of recovery is to enable the use of waste thereby conserving natural resources, the EA takes a lighter regulatory touch on waste recovery operations Waste recovery include:  Energy Recovery - treatment of waste to generate energy, e.g. A.D  Composting – treatment of waste for agricultural purposes, i.e. to produce manure  Deposit for recovery – use of waste for construction, e.g. land levelling
    30. 30. Hazardous Waste (Recovery) Section 5.4 of part 2 of schedule 1 of EPRc) Unless carried on as part of any other Part A activity, recovering hazardous waste in a plant with a capacity of more than 10 tonnes per day by means of the following operations- i. The use principally as fuel or other means to generate energy (R1) ii. Solvent reclamation/regeneration (R2) iii. Recycling/reclamation of inorganic materials other than metals and metal compounds (R5) iv. Regeneration of acids or bases (R6) v. Recovering components used for pollution abatement (R7) vi. Recovery of components from catalysts (R8) vii. Oil re-refining or other reuses of oil (R9)
    31. 31. Hazardous Capacity The above means any plant where more than 10 tonnes of hazardous waste is recovered per day (by R1, R2, R5, R6, R7, R8 & R9) will be an Installation. So the recovery of less than 10 tonnes of hazardous waste per day by R1, R2, R5, R6, R7, R8 & R9 activities would be a waste/recovery operation. For all other Recovery codes not listed above, there are no limits on the quantity that can be accepted/recovered The main recovery codes that you will come across when dealing with a permit for hazardous waste recovery will include R13, R3, R5, R9 and in some rare cases, R10.
    32. 32. Non Hazardous Capacity There is nothing in the Regs. that limits the recovery of Non Hazardous waste. It therefore follows that any quantity of Non hazardous waste can be recovered provided it’s in line with the aim of article 13 of the Waste Framework Directive which states: Waste management is carried out without endangering human health, without harming the environment and, in particular  without risk to water, air, soil, plants or animals;  without causing a nuisance through noise or odours; and  without adversely affecting the countryside or places of special interest.
    33. 33. Limiting Activities We use the limit of activities table S1.1 to:  specify & restrict the activities (as required by the Regs) carried out onsite;  Show whether the permitted site is a Waste Facility or an Installation. Depending on the type of operation (Disposal or Recovery) a permit for a facility storing and/or treating Hazardous waste will specify the:  Recovery & Disposal codes (R & D);  Authorised treatment activities, if allowed, e.g. dismantling, screening, etc
    34. 34. Limiting Activities (contd) Quantity of waste that can be accepted and stored for disposal (<10 tonnes/day); Capacity of the plant/site used for recovery & Other relevant limits such as time limits* for the storage of waste for recovery and disposal if facility is permitted to store for recovery (R13) as well as for disposal (D15).
    35. 35. Limiting Activities Permits for a facilities accepting, storing and/or treating Non Hazardous waste will specify:  Recovery and/or Disposal codes;  Authorised treatment activities if allowed, e.g. dismantling, screening, etc  Quantity of waste that can be treated for disposal (<50 tonnes/day);  Other relevant limits such as time limits* on the storage of waste for recovery and disposal if facility is permitted to store for recovery (R13) as well as for disposal (D15).
    36. 36. Question time Question 1 An application for a deposit for recovery permit. The proposal is to accept both inert and non hazardous waste onsite. Non hazardous waste will be treated by screening, crushing and soil washing. Once treated, suitable waste along with imported inert waste will be spread/used for site levelling/development. Waste which are not suitable will be taken off-site for disposal. What type of waste operation will this be? Recovery or Disposal? Have they applied for the correct permit? If not, what should they be applying for? List the appropriate R and/or D codes for the waste operation.
    37. 37. Worked Example Question 2 An application for a waste transfer station has been submitted. Waste will be stored on site prior to recovery and disposal. The waste types to be accepted include waste oil, contaminated soil and some inert wastes.  What are the restrictions you will use in table S1.1? The applicant called and asked if they could increase the quantity of waste oil to 11 tonnes per day.  What will you advise?

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