October 2003

We're Talking Complete Rubbish!

Changes in waste legislation are forcing thousands of businesses to adopt new strategies which take a far more proactive approach to waste management.

According to the Environment Agency's National Waste Production Survey, 50 million tonnes of waste were produced in 1998/1999 by the industrial sector alone. Half of this was sent to landfill. It is clear that, in the current ever-tightening legislative climate, treating and disposing of all this material without harming the environment is a major issue.

The Landfill Regulations (England and Wales) 2002 were used to implement the requirements of the EU Landfill Directive. The Regulations have set out some serious challenges for waste producers. Changes to waste management practices include should be:

Prohibiting the disposal of liquids to landfill,
Categorisation of landfills into hazardous and non-hazardous (likely to result in decreases in hazardous landfill provision) and ending of co-disposal,
Pre-treatment of all hazardous and non-hazardous waste prior to landfill,
Prohibiting the disposal of clinical waste to landfill.

Article 6(1) of the Directive 94/62/EC of the European Parliament and the Council on Packaging and Packaging Waste, lay down increased targets for the recycling of packaging waste. Plastics, paper/card, metals and wood are all featured. Participants, must take responsibility at each stage of the packaging chain, for recycling a percentage of material. 37% of the responsibility for recycling has been assigned to the companies that use the packaging for their products.

Currently the cost of waste disposal to landfill is undervalued. The polluter pays principle is being implemented in the form of taxes or duties on pollution and will affect every business and organisation that creates waste. Landfill tax is set to rise further in the future as government attempts to discourage landfilling of waste. In addition, implementing the requirements of the Landfill Regulations will mean landfill operators will incur increased costs, which will be passed on to customers.

The new legislation, and potential penalties for non-compliance, will require waste producers to re-think, develop more sustainable strategies and deal more effectively with the waste they produce. In this climate, waste minimisation and recycling are becoming more economically feasible.

Non-compliance with regulatory requirements can be expensive and being caught can do significant damage to a company's reputation. In addition, there is the possibility that employees, including directors, may be held personally accountable for their company's actions.

Even companies, which have attempted to minimise waste in the past, can generally make further improvements. A thorough waste audit is the first step to doing this. This should involve the identification of the source, usage and disposal of all waste streams, as well as identification of all relevant legal obligations upon the company. A waste management strategy can then be developed. This should incorporate monitoring and feedback, so continual improvements can be achieved.

By completing an effective waste audit and then implementing the actions it identifies, you can save money and ensure compliance with the law, whilst probably finding ways to re-use or recycle materials. Dedicated waste minimisation and recycling strategies will help industry take steps towards satisfying regulatory requirements.

For further details please contact Galit Hart.