February 2004

Are Waste Costs Set to Increase?

There are going to be significant changes in the way hazardous waste is managed and disposed of in 2004. These changes are likely to have financial implications for waste producers.

Background

At present, hazardous waste is controlled in accordance with the Special Waste Regulations 1996 (as amended), which implement the requirements of the European Commission's Hazardous Waste Directive. However, the European Commission recently revised its list of hazardous waste and incorporated these changes into the European Waste Catalogue 2002. The revised list includes more than 200 wastes which were not previously considered to be hazardous, including televisions, computer monitors, fluorescent lighting and end-of-life vehicles. This could double the amount of hazardous waste requiring management in the UK. Unfortunately, the number of landfills that can accept hazardous waste may reduce. The Landfill (England and Wales) Regulations 2002 (as amended) require all landfill operators to submit plans to the Environment Agency to register their sites as either:

Hazardous - those landfills able to accept only hazardous waste after July 2004
Non-hazardous - those landfills that will not be allowed to accept hazardous waste after July 2004
Inert - those landfills that are only allowed to accept waste that is not biodegradable.

Proposals for replacing the SWR

As a result of the amendment to the European Waste Catalogue, the Government decided to review the Special Waste Regulations (SWR). Consultations on amendments to the SWR are expected in early 2004. However, it is likely that the SWR will be revoked and replaced by the Hazardous Waste Regulations. According to the Government, the new regulations are likely to come into force in the summer of 2004 and will make significant changes to the current system for managing hazardous wastes.

What do the proposed changes to the SWR mean for waste producers?

Shifts focus away from recycler/disposer to the waste producer.

Producer registration - on a site basis. The waste producer will be required to register the premises on which the hazardous waste is produced with the Environment Agency.

Consignment notes as now, but no pre-notification to the Environment Agency required.

All consignees (waste producers) will be required to send a quarterly return to the Environment Agency.

Charges will be based on the quarterly returns.

There will probably be a fee associated with registration of the premises to cover the administration, and possibly audit, costs of the Environment Agency.

What do the Landfill Regulations mean for waste producers?

Reduction in the number of landfills that will accept hazardous waste. It is expected that the number of landfills able to accept hazardous waste will be reduced to a handful of sites after July 2004.
Increased transportation distances (due to fewer hazardous waste landfills)
Laboratory testing of waste to determine its composition. The Landfill Regulations require waste to be characterised before it is sent to landfill so that the landfill operator is able to ascertain whether they are allowed to accept the waste.
The requirement for the waste to be pre-treated. The Landfill Regulations require all hazardous waste being disposed of to landfill after July 2004 to be pre-treated to reduce either the volume or the hazardous nature of the waste.
Hazardous waste producers are responsible for making sure that the landfill site receiving their waste has an appropriate licence or permit for receiving that type of waste.

All of the above means that disposal costs for hazardous waste are likely to increase.

Reducing the effects

In order to reduce the effects of these legislative changes, hazardous waste producers should:

Eliminate the use of hazardous materials where possible; thereby eliminating the production of hazardous waste. If companies eliminate the production of hazardous waste, then they will not need to register as a hazardous waste producer under the new Hazardous Waste Regulations, and additional costs can be avoided.
Substitute the use of hazardous materials with non-hazardous or less hazardous materials.
Minimise the quantity of hazardous waste produced by altering the process producing the waste.
Reduce the hazard of the waste by treating it on site prior to disposal. If the hazardous nature is reduced sufficiently it may become non-hazardous.

If one or more of the above actions can be carried out before July 2004, hazardous waste producers should be able to reduce any price increases for the disposal of hazardous waste.

For more information on the potential impact of the new regulations and comprehensive waste audits, please contact Aneeta Patel on 024 76 279 006.