Recycling and waste management policy in the UK is driven by legislation, largely from European Union directives. The key directive is the Waste Framework Directive which was revised in 2008. The revised Directive entered into force on 12 December 2008.
EU Waste Framework Directive
A consultation to transpose the revised Waste Framework Directive (rWFD) was held in 2010 and a draft of the revised regulations (England and Wales) was laid before Parliament on 8 February 2011. The aim of these draft regulations is to transpose the rWFD and it is subject to debate and approval by both Houses of Parliament and the National Assembly of Wales.
Under revisions the Waste Hierarchy will become a legal requirement – meaning that the prevention or reduction of waste needs to be considered first, before recycling, re-use or reclamation. The national planning policy will be updated and local authorities will need to ensure they have taken measures to consider the five-step hierarchy when preparing waste development frameworks.
http://www.defra.gov.uk/environment/economy/waste/eu-framework-directive/
Duty of Care
The Duty of Care is set out in section 34 of the Environmental Protection Act 1990 and associated regulations. It applies to anyone who is the holder of waste.
Persons concerned with waste must ensure that the waste is managed properly, recovered or disposed of safely, does not cause harm to human health or pollution of the environment and is only transferred to someone who is authorised to receive it. The duty applies to any person who produces, imports, carries, keeps, treats or disposes of controlled waste or as a broker has control of such waste.
Breach of the Duty of Care is an offence, with a penalty of up to £5000 on summary conviction or an unlimited fine on conviction on indictment.
Under the Duty of Care Regulations 1991 ('the 1991 Regulations'), parties transferring waste are required to complete and retain a 'transfer note', containing a written description of that waste.
The 1991 Regulations require waste to be described on the transfer note by reference to the European Waste Catalogue (EWC) and its appropriate code number. These amendments to the 1991 regulations were brought in to meet the Landfill Directive’s requirements on monitoring the acceptance and treatment of waste, and will also help to fulfil the UK’s obligation to implement the EWC.
http://www.environment-agency.gov.uk/business/topics/waste/40047.aspx
Waste Carrier registration
The Waste Framework Directive requires that establishments and undertakings who collect or transport waste on a professional basis or which arrange for the disposal or recovery of waste (dealers or brokers) to be registered. This is implemented in domestic legislation by the Control of Pollution (Amendment) Act 1989. Persons who carry waste as part of their business are required to be registered with the Environment Agency.
Businesses that transport their own construction and demolition waste must also register as a waste carrier, under new regulations introduced on 29 March 2011. From the end of December 2013 businesses will also need to register if they normally and regularly carry controlled waste produced by the business.
Carrying waste without a relevant authorisation is an offence. Those found guilty on summary conviction are subject to a fine up to £5,000.
http://www.environment-agency.gov.uk/business/sectors/wastecarriers.aspx
Packaging, Packaging Waste and the Packaging Waste Regulations
This Directive aims to harmonise national measures concerning the management of packaging and packaging waste. Specific material recycling and recovery targets are set to reduce packaging waste and increase recycling.
http://www.environment-agency.gov.uk/business/topics/waste/32214.aspx
Landfill Directive
This Directive aims to prevent or reduce as far as possible negative effects on the environment from the landfilling of waste, by introducing stringent technical requirements for waste and landfills and setting targets for the reduction of biodegradable municipal waste going to landfill.
http://www.environment-agency.gov.uk/business/regulation/31867.aspx
