Hazwaste proposals provide 'incentive to fly-tip'

Waste companies have criticised the Environment Department's proposals to overhaul the "special waste" regulations for providing an incentive to small producers to dispose of their hazardous waste illegally. Concerns have also been raised about the electronic payment system and how the scheme will operate across the Scottish border.

DEFRA is consulting until 29 October on its proposed changes to the special waste regulations, which were formally unveiled in July and will take effect next summer.

The draft legislation abolishes the requirements placed on companies to pre-notify the Environment Agency before consigning hazardous waste and for waste managers to notify the Agency of receipt of waste. Instead, companies producing "significant" quantities of hazardous waste will have to register with the Agency, consignees will have to submit quarterly returns detailing their activities, and all waste producers must be prepared to face Agency inspections.

At a conference in September organised by the Chartered Institution of Wastes Management, Keith Roberts of Safety Kleen expressed concern about the proposed changes to the system of "carriers' rounds", under which separate paperwork and fees would now apply to each collection point on the round.

The changes would generate a significant rise in costs for Safety Kleen's 8,000 customers - from £3.75 to £10.25 per collection for garages, for example - taking into account the costs of site notification and consignment notes, and the problem of only being able to collect one type of waste at a time due to the ban on mixing.

"Why replace carriers' rounds?" Mr Roberts asked. "They've been going for eight years and have brought in small producers into the enforcement regime. By tightening this legislation, compliance will drop."

He also complained that producers of low-risk hazardous waste would be paying the same fees as companies producing "20 tonnes of sulphuric acid". Speaking after the conference he said the fees should be made proportionate to risk.

Mr Roberts also raised concerns about whether "the proposals include 100% cradle-to-grave control", and he suggested that they might in fact lead to a drop in compliance. Under the new system, the Agency will not receive notification of consignments until up to three months after the event, he pointed out, and there will be no requirement for waste producers to act if they receive no notification of receipt of their wastes. Only "significant" producers will have to register with the Agency.

Concerns were raised by other waste businesses regarding the Agency's ability to enforce the regulations. The Agency says it will ensure compliance by getting "bums off seats and on the streets" to carry out routine inspections of producers, but there are fears that these officers will be inadequately trained and not suited to inspection duties.

The Agency's Roy Watkinson said that staff training would occur in time for implementation of the new regime next year - but he sounded less certain that the Agency would be able to deal with illegal disposal - inadvertent or not - by small producers.

"Our friends - the SMEs - have low awareness [of the proposed changes]," he said at the conference. "And there is potential for them to break the regulations unintentionally, especially in the first two years, so awareness needs to be raised and inspection of producers is part of that."

As to the concerns over multiple collections becoming uneconomic because of the ban on waste mixing, Andy Howarth of DEFRA said the Government is looking for a "pragmatic and sensible" solution to the issue, one that is likely to allow some mixing, at least of wastes of the same type.

Cross-border issues were also raised, in the light of decisions by the administrations in Scotland and Northern Ireland to retain the existing special waste regime, including the pre-notification requirements. For transfers from England to Scotland, the Scottish Environment Protection Agency will have to be pre-notified, but the Agency in England will not.

"It all leads to extra costs and uncertainty," said Sam Corp of the Environmental Services Association. "We want to see one approach."

Concerns were also raised about the lack of guidance for firms and local authorities about making their computer systems suitable for the regulations, and on the internet system that can be used to submit and pay for site notification and consignment documents.

When it was announced that there would not be a receipt for a transaction, only a unique number, disbelief in the audience was palpable.

Important clarifications at the conference included advice to local authorities that they would not be charged for fly-tipped waste and that the local authority waste depot would be identified as the "site of production" for such waste, as with household wastes.

Those dealing with medical waste were also informed that only cytotoxic and cytostatic medicines were likely to be classified as hazardous wastes and not all prescription-only medicines.

Republished with permission of ENDS Report