Transcript Document

LEGISLATION UPDATE
Tessa Bowering
Senior Environment Officer
Wessex Area
BATTERIES
Tessa Bowering
Senior Environment Officer
Wessex Area
Producer Responsibility
European Initiative
Batteries Directive September 2006 - Batteries
and Accumulators (Placing on the Market)
Regulations 2008 came into force on 26th
September 2008, The Waste Batteries and
Accumulators Regulations 2009 came into force
on 5th May 2009)
BATTERIES: EU Directive
Applies to all types of batteries irrespective of their
shape, weight, composition or use, except those
used in certain military or space applications
Seeks to improve the environmental performance
of batteries and the activities of all those involved in
the battery life cycle
Came into force in September 2006
The Batteries and Accumulators (Placing on the
Market) Regulations 2008 – came into force on 26th
September 2008. Partially implement the Directive.
(Limit the amount of mercury and cadmium in
batteries placed on the market).
Key Provisions
Restrictions on the use of mercury and cadmium
Labelling requirements for new batteries to aid consumer
choice and recycling
25% collection rate for waste portable batteries to be met
by September 2012, rising to 45% by Sept 2016
Prohibition on the disposal by landfill or incineration of
waste industrial and automotive batteries (100% recycling)
Producer responsibility obligations
Recycling efficiencies (to ensure a high proportion of the
weight of waste batteries is recycled)
Waste battery treatment standards
The Waste Batteries and Accumulators
Regulations 2009
Implement the waste provisions of the
Directive and establish the scope of producer
responsibility for batteries in the UK
Require persons placing batteries on the
market to register as a producer of batteries
and report on waste batteries collected and
sent for recycling
Requirements for treatment and recycling of
waste batteries
Portable Batteries
25% of portable batteries placed on the market must be collected
by 2012 and 45% by 2016. Interim targets have also been set –
10% by 2010 and 18% by 2011.
Producers will meet their responsibilities for collection and
recycling by joining a Battery Compliance Scheme (BCS) by 15th
October 2009
Producers who put less than 1 tonne of portable batteries on the
market will register but will not have to fund collection, treatment
and recycling.
From February 2010 retailers who sell more than 32kgs of
household batteries will have to take back these batteries in-store,
free of charge when they become waste
The EA will approve and regulate the BCS who must apply for
approval by 31 May 2009.
Recycling Requirements
Minimum recycling efficiencies have been set
for recycling processes:
65% by average weight of lead-acid batteries
75% by average weight of nickel-cadmium
batteries
50% by average weight of other waste
batteries
Battery Compliance Schemes (BCS)
Schemes need to register members annually
Provide quarterly sales returns broken down into the main
chemistries for portable batteries and type
The Directive requires a collection network that allows end
users to discard portable batteries at an accessible point in
their vicinity
Distributors (shops etc.) will be required to take back waste
batteries and BCS are likely to have to set up their own
collection networks in order to meet their targets. A number
of other options for collecting waste batteries such as
kerbside collection, collection at CA sites, community drop
offs and postal returns.
Links with WEEE
From 1 January 2010 batteries will not be included in
declarations of weight of electrical and electronic products
Producers will declare the weight of such batteries in their
returns on the amount of batteries they have put on the
market.
Industrial Batteries
Producers must take back waste industrial batteries of any
chemistry, on request, from an end user when supplying new
industrial batteries. They must also take back FOC waste
industrial batteries from end users when the end user is not able
to return them to their supplier
Producers of industrial batteries will be required to register with
BERR (unless they are members of a BCS as they also put
portable batteries on the UK market)
Producers must provide estimated tonnages and the chemistry
of industrial batteries placed on the market and which end up as
waste in the UK.
Producers must also supply the tonnage they have collected and
delivered to an approved reprocessor or exporter.
Prohibition on landfilling of industrial and automative batteries
from 1 January 2010
Automotive Batteries
Producers must offer take back of waste
automotive batteries FOC on request from
final holders such as garages, scrapyards and
CA sites
Producers must register with BERR
Producers to report to BERR on the tonnage
of automotive batteries placed on the UK
market and that which they have collected and
delivered to an approved reprocessor or
exporter
HAZARDOUS WASTE
Hazardous Waste
• Waste materials that are potentially toxic and
dangerous to the human and natural
environment
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Hazardous Waste Regulations (England) 2005
The List of Wastes (England) Regulations 2005
Came into force on 16th July 2005
Amended on 6th April 2009
Common Types of Hazardous Waste
Definition of Premises
Amendment – Reg 5 – “premises” include
LAND, any ship and any other means of
transport from which a mobile service is
operated
Factory, Office, Shop, Hospital, School,
Doctors, Vets etc.
NOT Premises:- Highways, Rail Tracks,
Waterways, Lamp Posts, Pylons, AA/RAC
Vehicles, Flytipped waste
Exemptions from Registration
Amendment – Reg 30 Qualifying Limitation
Available for all premises up to 500kg/year (ships
any amount)
Amendment – Reg 23 Exempt premises need
not be notified to the EA
However, consignment notes must be completed
for all the above movements of hazardous waste
Registration of Premises
Registration of hazardous waste producers for
a nominal fee :£28 paper application
£23 telephone - Tel 08708 502 858
£18 internet or bulk disc
A unique premise code – e.g. ABC123
Annual registration, Code will not change?
Registration can be made on behalf of the
producer by waste carrier/consignor provider
Domestic Premises
Domestic waste can be hazardous, but
generally exempt from the regulations
However, Reg 13 applied to domestic
asbestos waste
Amendment – Reg 13 – Asbestos Waste
Clarifies that occupiers of domestic premises
are not subject to the 2005 Regs, but that
contractors dealing with asbestos waste are
treated as the producer and consignor
Domestic Waste
Amendment - Separated Domestic Fractions Regulation 14 and Part 4 – Mixing Haz Waste
Makes it clear that separate domestic
hazardous waste cannot be mixed at the point
of collection or delivery to CA site
Amendment Reg 14A - Shop Premises
Hazardous waste produced at shop premises
by customers of the occupier shall be treated
as being produced by the occupier
Enforcement - Fixed Penalties
Fixed penalty notices for some offences:failure to register premises
removal of waste from premises without a
registration or exemption
wrong consignment codes or incomplete
consignment notes
failure by consignee to make quarterly returns
failure to supply information
£300
Hazardous!
ENVIRONMENTAL DAMAGE (PREVENTION AND
REMEDIATION) REGULATIONS 2009
The Regulations
On 1 March 2009 the Environmental Damage
(Prevention and Remediation) Regulations brought
into force for England new rules (the Environmental
Liability Directive) to force polluters to prevent and
repair environmental damage that they have caused the ‘polluter pays’ principle.
If you or your business carry out an activity that
causes environmental damage you will have to remedy
the damage
If there is a risk of damage from your business
activities, you must prevent such damage occurring.
Overall, the regulations are likely to be used only for
the most serious cases of damage.
What is Environmental Damage?
damage to surface or underground water
contamination of land where there is a
significant risk to human health
damage to natural habitats and species
and protected sites.
Who do the regulations affect?
private businesses
farming
manufacturing
construction and demolition
waste management
forestry
public sector – schools, hospitals and
government departments or agencies
individuals and voluntary organisations.
Roles and Responsibilities: Operators
Take steps to prevent damage or further damage and notify the
authority
Provide information and undertake preventative and remedial
measures as required by the authority
submit proposals for remediation
Pay costs claimed by the authority in relation to ‘environmental
damage’
Roles and responsibilities: Authorities
Establish if damage is environmental damage
and identify a responsible operator
Serve a remediation notice taking account of
any measures proposed by the operator
May take steps to prevent or remedy damage
May require information or action from
operators
Further Information
Netregs (www.netregs.gov.uk)
Defra
(http://www.defra.gov.uk/environment/liability/p
df/quick-guide-regs09.pdf)
OPSI
(http://www.opsi.gov.uk/si/si2009/uksi_200901
53_en_1)
Thank You
[email protected]
Direct dial: 01258 483416
Mobile: 07770 476629