2.3 The European Union Landfill Directive

The Landfill Directive is one of the key drivers behind the National Waste Strategy: Scotland. The main Directive requirements are as follows:

• Increased environmental and engineering standards for all landfills and classification of sites to limit acceptance to certain specified waste types.
  

• Banning of specific substances to landfill that are disposed of in this way at present, including liquids and tyres.
  

• Pre-treatment of wastes before landfilling, to both reduce waste volume and minimise the environmental impact of disposal. Article 2 of the Directive defines treatment as a “physical, thermal, chemical or biological process, including sorting which changes the characteristics of the waste in order to reduce its volume or hazardous nature, facilitate its handling or enhance recovery”. In developing this AWP the assumption has been made, on consultation with the Scottish Executive, that the 4-year delay will be taken. However, the intention is to reach these targets earlier wherever possible.
  

• A progressive reduction in the landfilling of Biodegradable Municipal Waste (BMW), which decomposes and produces pollutants when landfilled.

These requirements will affect the ability of existing landfill sites to accept certain waste types, increase the cost of landfill and could potentially shorten the lifespan of some sites. Until a full assessment of the Lothian and Borders landfill sites against the Landfill Directive criteria has been made, the full impact of the Directive will not be understood. It should be noted therefore, that the Area Waste Plan and Best Practicable Environmental Option (BPEO) were developed using the best available current information.

2.3.1 Diversion of Biodegradable Municipal Waste (BMW)

The Directive establishes national targets and timescales for the reduction of BMW to landfill. Member states that are particularly dependent on landfill a delay the implementation dates by up to 4 years will be allowed. It is expected that the UK will take advantage of this derogation. The UK has to report to the European Commission by 16 July 2003 giving details of how the targets will be met and a decision on whether to extend the target dates will be taken then. The intention is to reach these targets earlier than derogation wherever possible.

From a baseline of 1995, the amount of BMW permitted to be landfilled will be:

• 75% of 1995 levels by 2006, or 2010 including derogation
  

• 50% of 1995 levels by 2009, or 2013 including derogation
  

• 35% of 1995 levels by 2016, or 2020 including derogation.

Table 7 sets out the 1995 MSW Arisings as identified by the Lothian and Borders Local Authorities, the most current recorded arisings in 2001 and growth projections thereafter that vary throughout the area from 1.5%–3.5% giving an average of 2.62% for Lothian and Borders.

Table 7 - MSW Arisings with Continuation in Growth Projections

• The growth rates in MSW arisings are estimations taking not account of future waste awareness or waste minimisation actions.
  

• Growth rates are projected from 2001 onwards.
  

• The 1995 MSW Arisings are based on data provide by the Local Authorities. A decision is still awaited from the Scottish Executive on the determination of the 1995 allocation method. This may alter the 1995 baseline figure and therefore the BMW targets depending on the method used.
  

• All arisings figures are rounded up to the nearest ‘000 tonnes
  
  

Table 8 - Estimated BMW Diversion Requirements to meet the Landfill Directive with Continued Growth

• BMW is assumed to be 60% of MSW
  

• All tonnages are to the nearest ‘000 tonnes

The BPEO for MSW aims to meet all diversion targets. In the case of Midlothian, it is anticipated that the final diversion target will be achieved before the first review date. As the projections of waste arisings, waste growth and waste composition are based on very broad assumptions, with no future impact of waste minimisation factored in at present, this BPEO may change as better information becomes available. In recognition of this and considering the rapid changes in waste-treatment technologies, the BPEO for the Lothian and Borders will be kept under regular review.

2.3.2 Landfill Permits

A key mechanism in controlling the amount of Biodegradable Municipal Waste (BMW) each Local Authority will be allowed to landfill in future will be controlled through a system of Landfill Permits. The Scottish Executive will decide if Local Authorities will be able to trade their allowances. This would allow Local Authorities in areas where the additional costs of BMW diversion from landfill are disproportionately high to purchase permits from other Local Authorities that are exceeding their individual BMW landfill diversion target. It should be noted, as interpreted by the UK Government, that only commercial waste collected by the Local Authority comes within the scope of this aspect of the directive. It is the responsibility of each Local Authority within the Waste Strategy Area Group to determine how to use the permits allocated to them by the Scottish Executive. Until the working detail of the tradable permit system is known and the1995 baseline figures allocated to each local authority are known, the impact on the Lothian and Borders can only be estimated.