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Regulation and Licensing : Waste


Regulating Waste Management

SEPA has available a wide range of statutory provisions to ensure that waste is not treated, kept or disposed of in a way that is likely to cause pollution of the environment or be harmful to human health. Among the most important are Waste Management Licences, the conditions that SEPA sets in them, their supervision and surrender. Additional effort was again directed towards improving the consistency and frequency of inspections and to target those sites considered to pose the greatest environmental risks.

Waste Management Licensing Operational Activity

 
1998/99
1999/00
2000/01 
Number of licences in force at end of year
987
974
 1039
Applications
 
 
Number of applications in hand at start of year
109
88
102
Number of applications recieved in year
89
119
102
Number of applications determined in year
110
109
108
Number of applications outstanding
88
98
96
Percentage of applications determined within minimum statutory period
39%
41%
43%
   
 
Inspections
 
 
Number of inspections completed
14,225
15,779
14,487
Reviews
 
 
Number of reviews completed
193
177
162

Monitoring and Inspection in 1999

 
Planned
Completed
Number of inspections/audits of registered companies
75
53
Number of inspections/audits of reprocessors / exporters
22
31
Number of routine compliance inspections / audits of reprocessors / exporters
22
12
Number of freeloaders pursued between 7 April 1999 and 31 January 2000 (telephone call, letter site visit etc)
350
350
 source : Annual Report 2000

nwsNational Waste Strategy

Section 92 of the Environment Act 1995 requires SEPA to prepare a national waste strategy for Scotland. This was published in December 1999. The strategy was adopted by the Scottish Executive. The target of preparing 11 Waste Strategy Area Plans proposed in the NWS - the target for preparing these was set for the end of 2000.

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Producer Responsibility Packaging Waste

SEPA is responsible for enforcing the Producer Responsibility Obligations (Packaging Waste) Regulations 2005 in Scotland. These regulations implement some of the requirements of the EC Directive on Packaging and Packaging Waste and are intended to ensure that Great Britain meets the objectives of the Directive.

Companies with a turnover exceeding £2 million and handling more than 50 tonnes of packaging are affected by the regulations and are required to register with either SEPA or the Environment Agency or join an agency-registered compliance scheme. Registered companies and compliance schemes must submit data on packaging handled and ensure that a certain amount of packaging waste is recovered or recycled.

During 2005, there were 92 companies or company groups registered with SEPA and four compliance schemes with a membership of 1007 UK companies or company groups. The total recovery obligation of these companies was 721,000 tonnes of packaging waste.

SEPA is responsible for monitoring obligated companies. For the purposes of monitoring, SEPA and the Environment Agency base their targets on the location of obligated companies; thus SEPA is responsible for all Scottish companies regardless of which agency or scheme they are registered with. SEPA is also responsible for monitoring accredited reprocessors and exporters in Scotland. For 2005 there were 27 reprocessors and 9 exporters. Other Producer Responsibility initiatives include end of life vehicles and waste electrical and electronic equipment.

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wastemin logoWaste Minimisation

SEPA's Waste Minimisation Initiative is a three year project started in 1998 to encourage systematic reduction of all forms of waste at source, whether discharged to air, water or land.

The main objectives are to:

  • build on the variety of valuable waste minimisation projects in Scotland;
  • provide a focus to disseminate information;
  • encourage a cohesive development strategy, particularly for areas and business sectors where activity is limited; and
  • help to meet the solid waste eduction targets of the National Waste Strategy: Scotland.

Outputs from the initiative have included:

  • a dynamic internet information site for waste minimisation information in Scotland at www.sepa.org.uk/wastemin;
  • a comprehensive training programme for SEPA officers;
  • Environmental Opportunities in Agriculture projects in the Tweed and Argyll areas — results to be published early 2001;
  • a waste minimisation forum in Dumfries and Galloway; and
  • partnership projects such as the East of Scotland Waste Minimisation Project, a series of
    UK-wide demonstration projects for the construction industry and a Highlands waste minimisation initiative.

Disposal of PCB's

In 1990, at the Third International North Sea Conference, the UK and other North Sea states agreed to phase out and destroy identifiable Polychlorinated Biphenyls (PCBs) by the end of 1999. Following this, the Paris Commission, which is responsible for measures to tackle land based sources of pollution of the North East Atlantic, agreed a Decision on PCBs in 1992. This confirmed the end of 1999 as the date for phase-out by North Sea countries and set a target date of 2010 for those non-North Sea countries which were party to the Paris Convention. In September 1996, the EC Directive 96/59/EC on the disposal of PCBs and Polychlorinated Terphenyls (PCTs) was adopted. This Directive required the preparation of inventories, labelling and disposal / treatment of all significant PCB holdings. The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000 (“The Regulations") is the mechanism for compliance in Scotland.

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Activities exempt from Waste Management Licensing

Some activities involving waste materials are exempt from licensing if they meet the requirements detailed in Regulation 17 and 18 of the Waste Management Licensing Regulations 1994, as amended by the Waste Management Licensing Amendment (Scotland) Regulations 2003. Although an activity may be exempt from licensing, it is still subject to statutory controls to prevent environmental pollution and harm to human health. The controls under Regulation 18 relate to registration of exempt activities. The controls under Regulation 17 relate to certain conditions being met in order for the activity to be exempt, which includes the requirement that the activity must not endanger human health or harm the environment by: presenting a risk to water, air, soil, plants or animals; causing nuisance through noise or odours; or adversely affecting the countryside or places of special interest. It is an offence to carry out an exempt activity without it being registered or to carry out an activity in breach of registration obligations.


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