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Proposals for Amendments to the Waste Management Licensing Regulations: A Consultation Paper

CHAPTER TWO — PROPOSED AMENDMENTS TO EXEMPTIONS

2.1 Small-scale Composting — Paragraph 12

Background

2.1.1 Composting has an important role to play in helping to meet targets on waste diversion from landfill and waste recovery. Composting also reduces the use of natural resources required to produce artificial fertilisers. There are, however, potential risks to the environment and health from composting, e.g. through the release of leachate and potentially harmful bioaerosols or odours.

2.1.2 The current composting exemption restricts the location of composting operations to either the place where the waste is produced or where the final composted material is to be used. Community composters have argued that this restricts their activities unnecessarily and is hampering the development of community schemes.

2.1.3 The proposed revision aims to encourage small scale composting of certain waste types regardless of the source or destination of the waste, while tightening the general rules to protect the environment and human health.

Key proposals

2.1.4 The amending Regulations will remove the current restriction on the location of composting operations. The exemption will allow waste to be collected from numerous sources and, following composting, the distribution of the resultant material to users as required — removing the former import/export restriction on the exemption.

2.1.5 In addition composters often collect waste in batches from householders and store it temporarily before moving it to the place where it will be composted. Although it is preferable to immediately move material directly to the composting site, we have been advised by SEPA that storage, at a place other than where the composting activity is being carried out could be allowed under the exemption, provided it is for less than 48 hours and it involves not more than 10 tonnes of waste. This provision is included within the draft Regulations.

2.1.6 We propose to widen the scope of the composting activities within the exemption to include the all-round composting operation. Therefore, screening, chipping, shredding, cutting, pulverising or storage of the waste will be permitted, as long as they are undertaken before or as part of a composting activity, and are undertaken at the place where the composting is or is to be carried out.

2.1.7 The exemption is designed to mitigate the risks associated with composting in order to comply with the objectives set out in Article 4 of the WFD on the environment and human health. The proposals include four simple quantity limits which apply to four different types of composting activities according to their associated risks. The proposed quantity limits will cover both waste being composted and stored together at one site. This is in recognition of the fact that composting is a continuous process. The proposed quantity limits can be seen in the draft amending regulations at Annex A.

2.1.8 We would welcome views as to whether this exemption adequately covers the "processing" for those types of agricultural waste - animal faeces, urine and manure (including spoiled straw), effluent - prior to their being used to treat land for agricultural benefit?

Amendments to types of waste

2.1.9 The current exemption does not specify what types of waste can be used under the exemption. The proposed draft Regulations, at Annex A, provide a list of specific wastes which may be composted under the exemption whilst still allowing protection of the environment and human health.

Comments are invited on both the limits and waste types proposed.

Composting, land treatment and the animal by-products controls

2.1.10 It should be noted that the composting or subsequent spreading of catering waste under the respective exemptions should take place in compliance with current animal by-products legislation. Under the EC Animal By-Products Regulation, 1774/2002, all catering wastes which contains, or has come into contact with, meat or meat products must be disposed of so that livestock and wild birds cannot gain access to them. This effectively means disposal by incineration or landfill. However, a risk assessment⁶ carried out by the Department of the Environment, Food and Rural Affairs (Defra) concluded that the risks from composting catering wastes are acceptably low, given proper controls. Following that assessment, the Executive is currently preparing Scottish legislation to give effect to 1774/2002, which will permit the composting of catering waste provided that certain treatment standards are met. These controls are expected to be introduced on 1 August 2003.

2.1.11 This issue is separate to the provision of the composting exemption, and we are not seeking to place any separate bar on the composting or spreading of catering wastes under this exemption. However, those carrying out composting activities, and the subsequent land treatment of compost waste under licensing exemptions, will need to comply with relevant animal by-products legislation on catering waste.⁷

Registration obligations

2.1.12 In common with other exemptions under review, the proposals include a notification period of 21 days prior to the start of the composting activity.

2.1.13 The proposals would require the submission of information about the activity so that SEPA can assess whether the operation meets the terms of the exemption. The proposed required information includes:

• a plan of the site showing the boundary of the site and the location where the exempt activity is to take place;

For composting activities where more than 10 tonnes of waste are to be composted annually, additional information is required. These include information relating to the:

• type of waste being composted and the expected duration of the composting;
• proximity to sensitive receptors (e.g. a property where people live or work);
• proximity to public rights of way;
• details of any containment required;
• information of any surface waters and water abstraction points less than 250 metres from the composting facility.

2.1.14 For operations composting over 10 tonnes of waste, we propose that there should be a requirement on SEPA to carry out an initial inspection of the activity and a minimum of an annual inspection thereafter. SEPA may make more frequent inspections if they consider necessary. For smaller scale operations, SEPA would be under a duty to carry out appropriate periodic inspections but should use its own judgement as to when these should take place.

2.1.15 We propose that the requirement for a fee will only apply to activities composting more than 10 tonnes of waste per annum. In any case, fees will not apply to composting activities where the waste consists wholly or mainly of agricultural waste.

2.1.16 We also propose that operators composting over 10 tonnes of waste per annum will be required to maintain records of the quantity, nature, origin, destination and method of composting, and to make this available to SEPA. These records must be kept for two years.

Given the environmental risks associated with composting, views are invited as to whether these proposals should be extended to those operations composting more than 0.5 tonnes per annum of waste.

2.2 Land treatment (Paragraph 7)

2.2.1 This exemption allows spreading of certain wastes (listed in Table 2 of the exemption, and shown below for convenience) for agricultural benefit or ecological improvement.

The current limits for the spreading of waste under this exemption are 250 tonnes per hectare or 5,000 tonnes per hectare in the case of dredgings from inland waters, in any period of twelve months. In the light of the evidence of abuse of this exemption, we are seeking views on the proposal to reduce these limits to 100 tonnes per hectare in any period of 12 months (or 1,000 tonnes in the case of dredgings from inland waters). We would welcome comments on these levels. Are they too high, or too low or should they remain at their current levels?

Paragraph 7 - TABLE 2

Codes referred to in the European Waste Catalogue.
** Wastes containing dangerous substances are not included.
*** The wastes listed do not include all of the wastes specified in the European Waste Catalogue under the code referred to.

2.3 Storage & Spreading of Sewage Sludge (Paragraph 8)

Background

2.3.1 In recent years, there have been major changes to the ways in which sewage sludge is treated and subsequently used in agriculture. The industry is moving towards spreading de-watered sludge, and treated sludge. These changes have already been agreed with industry and published in the Safe Sludge Matrix⁸. The Sludge (Use in Agriculture) Regulations 1989 are being revised to incorporate these changes.

2.3.2 It is proposed that the exemption for the storage of sludge prior to spreading is updated in order to comply with the proposed amended Sludge (Use in Agriculture) Regulations. We also propose to update the exemption to allow for the storage and spreading of sludge on non-agricultural land in two circumstances:

• for spreading to industrial crops, where agricultural benefit is conferred,
• where ecological improvement is conferred by the spreading.

Possible quantity limits on storage & spreading

2.3.3 The current exemption does not contain a quantity limit on the amount of waste that can be stored or spread under the exemption. The draft regulations do not change this. However, we are considering introducing a limit to ensure full compliance with Article 11(1)(b) of the WFD (requiring a quantity limit as one of the general rules). We would welcome views on what the limits should be for the storage of sludge, spreading for ecological improvement and spreading to industrial crops. Comments on this proposal would be welcome.

Key proposals

2.3.4 The sludge must be stored at the place where it is to be spread. Operators who transport sludge to another place for spreading will be required to obtain a waste management licence.

2.3.5 The following storage requirements are proposed to prevent harm to the environment or human health:

Sludge should be stored at least:

• 10 metres away from inland or coastal waters (this is consistent with the Executive’s PEPFAA⁹ code of good agricultural practice);
• 50 metres away from a well, or borehole or similar work sunk into underground strata for the purpose of water supply other than a domestic water supply(this is consistent with the Executive’s PEPFAA code of good agricultural practice);
• 250 metres from any well, borehole or similar work sunk into underground strata for the purpose of a domestic water supply;
• no sludge may be stored to the extent that the volume stored exceeds 90% of the available capacity of the container or lagoon in which the sludge is stored;
• sludge may only be stored for up to 6 months.

2.3.6 We propose to allow the spreading of sludge on non-agricultural land where it results in ecological improvement and where the spreading "does not cause the concentration in the soil of any of the elements listed in column 1 of the soil table set out in Schedule 2 to the 1989 Regulations to exceed the limit specified in column 2 of the table". This latter provision is consistent with the Sludge (Use in Agriculture) Regulations 1989.

2.3.7 We are also proposing to allow the spreading of sludge to industrial crops. Industrial crops are used in the production of energy from biogas. We wish to encourage such activities and it is thought that sludge can be spread for these purposes safely under the terms of an exemption. Industrial crops fall outside the definition of agriculture as defined by the 1989 Sludge (Use in Agriculture) Regulations. However, controls are needed in order to protect the environment and human health. It is therefore proposed to require operators carrying out the spreading to be required to fulfil the criteria for agricultural benefit, detailed in the Waste Management Licensing Amendment (Scotland) Regulations 2003. The operator must provide evidence of this benefit, which must be based on properly qualified advice.

Comments are invited on these proposals.

Registration obligations

2.3.8 It is proposed that SEPA be notified in writing at least 21 days before storage or spreading, as is consistent with other exemptions in this review.

2.3.9 The notice must be supplied on a form supplied by SEPA for the purpose and in accordance with the requirements set out at Annex A, the form shall contain the following information:

• the names, addresses, telephone and fax numbers and email address of the establishment or undertaking that is to store or spread the sludge;

• the quantity and origin of the sludge and how it has been treated;

• the location of storage and spreading, including a description of any container or lagoon used;

• location of any buildings, public rights of way, abstraction points or surface waters above ordnance datum which are situated within 400 metres of the site;

• names and addresses of the establishments or undertakings supplying the sludge;

• where sludge is to be spread, the spreading should be accompanied by a certificate based on properly qualified advice to show that the activity results in benefit to agriculture or ecological improvement.

2.3.10 For the storage only of sludge we are not proposing that this exemption attract any fees, since the controls on the spreading of the sludge are primarily controlled within the Sludge (Use in Agriculture) Regulations, which is also enforced by SEPA. However, for spreading activities inspections and registration application assessment by SEPA a fee will be payable (see Annex B).

Other administrative arrangements

2.3.11 The operator would be required to keep a record of the quantity, nature, origin, destination and treatment method of any waste, which is recovered, and to make that information available, on request, to SEPA. Records must be kept for two years. Views are invited as to whether operators should be required to provide these records to SEPA on a regular basis (e.g. every six months).

2.4 Sewage Treatment Works (Paragraph 10)

Background

2.4.1 The current exemption for the recovery of sludge at a sewage treatment works provides a quantity limit of 10,000 m³ of sludge per annum. The Executive and industry consider that this volume is too low to act as an incentive for recovery of these wastes. There has been an increasing demand for the recovery of sewage sludge and septic tank sludge at sewage treatment works. This demand is expected to rise further once the ban on the land spreading of untreated sewage sludge and septic tank sludge comes into effect through an amendment to the Sludge (Use in Agriculture) Regulations 1989. The Executive has recently consulted on these provisions and the revised regulations should come into force in 2003.

2.4.2 It is proposed to revise this exemption to increase the volume of waste that can be recovered at a sewage treatment works. This should act to further encourage waste recovery, while ensuring protection of the environment and human health.

Key proposals

2.4.3 To increase to the maximum quantity of sludge allowed to be stored and treated from 10,000 cubic metres to 100,000 cubic metres in any 12-month period.

2.4.4 In view of this increased limit, we propose that the following tighter rules are provided to protect the environment and human health:

• A requirement to ensure the secure storage of the waste, as defined in Regulation 17(5) as "storage in a secure container lagoon or place;
• The area where the waste is received will be required to have an impermeable surface with connected drainage system (applying the conditions for a "sealed drainage system" contained in the scrap metal exemption) to ensure the protection of groundwater.

Notification, inspection & record Notification, Inspection and Record Keeping

2.4.5 We propose that notice of the activity must be sent to SEPA. This will include a plan of the site where the activity is carried out, and details of the required drainage systems and hard standings. An annual fee will be required to cover SEPA’s inspection costs.

2.4.6 An inspection by SEPA will be required on start-up of the operation with subsequent inspections at intervals of no longer that 12 months. SEPA could carry out more frequent inspections if considered to be appropriate.

2.4.7 The operator will be required to keep records of the quantity, nature, origin and destination of any waste recovered and to make these available to SEPA. Records must be kept for two years.

2.5 Burning of Dunnage — New Exemption (Paragraph 46)

Background

2.5.1 Many imported goods are shipped in wooden packaging such as pallets, boxes, crates etc, or are secured with loose wood, known as dunnage. Under the Plant Health Order (1993)¹⁰ there are a number of landing requirements for imported wood and wood products that are regulated and monitored by the Forestry Commission. Forestry Commission inspectors consider, on occasions, that such material may contain pests. They can then require the suspect material to be destroyed under the terms of a Plant Health notice usually served on the owner or person in charge of the premises where the material is located. This notice requires the destruction by burning of the relevant material (dunnage) but it does not authorise the way in which it is carried out, or provide conditions to protect the environment in the process. This is a matter for the waste management licensing regime. In certain circumstances where, for example, the risk of accidental escape of pests is high, the inspector may destroy the material.

2.5.2 Uncontrolled burning of waste can lead to environmental problems and nuisance through smoke, dust and odours. As a result, the activity needs to be controlled to protect the environment and human health.

2.5.3 Although this activity is not a waste recovery operation, it is allowed to be exempt from waste management licensing as a result of Article 11(1)(a) of the Waste Framework Directive which allows an exemption for "establishments or undertakings carrying out their own waste disposal at the place of production".

2.5.4 Regulation under an exemption would provide the appropriate protection for the environment and human health. Paragraph 30 of Schedule 3 exempts burning in the open of certain wastes. However, this exemption would require significant modification to cover the burning of dunnage at docksides. A new exemption is therefore proposed.

2.5.5 The intention is for the exemption to be relatively simple. We are seeking to strike a balance to ensure the burning is carried out promptly when the Plant Health notice requires it, but also in a way that will protect the environment and human health.

Key proposals

2.5.6 The burning of waste timber or bark or other plant matter will be allowed under the exemption only if an inspector (under the Plant Health regime) has served a notice requiring the material to be destroyed, or notifying that the inspector will destroy it.

2.5.7 The exemption includes both the wood and plant matter for which the Plant Health Inspectors may serve a notice.

2.5.8 The Executive proposes a maximum limit for the storage and burning of 15 tonnes of dunnage within 24 hours. This limit has been set to comply with the requirements of the Waste Framework Directive while catching the upper amounts for which a notice for burning is likely to be served. In addition, the waste must be contained on a hard standing at a secure location at the dock where it was unloaded.

2.5.9 SEPA will provide further guidance on the containment of the residues and the maintenance of plant and equipment.

Notification, inspection and record keeping

2.5.10 Operators will be required to notify SEPA as soon as practicable once a notice is served by the Forestry Commission. A specified pre-notification period is not proposed, as the dunnage will often be required to be burned at short notice.

2.5.11 Notice to SEPA should include a plan of the site, including the locations and specifications of the hard standing, secure storage and drainage systems as necessary.

2.5.12 An initial inspection shall be carried out within 2 months of SEPA having received a notice, then at intervals no longer than 12 months. SEPA may carry out more frequent inspections if it considers necessary. A fee will be payable to cover the costs of inspection and consideration of the information in the notice.

2.5.13 The Port Authority will be required to keep records of the quantity, nature, origin destination and method of disposal of the waste. These records must be kept for two years and be made available to SEPA on request.

2.6 The Remediation of Contaminated Land

2.6.1 The Executive has been considering the provision for an additional exemption to cover a range of land remediation activities. This could cover small-scale activities, such as the treatment of former petrol stations.

2.6.2 The Executive has decided that this review of exemptions should not cover any exemptions containing special waste. For this reason, a proposal for a new remediation exemption relating to contaminated soil that meets the definition of special / hazardous waste has not been included. However, comments are invited on the usefulness of a specific exemption for remediation of contaminated soil activities (that does not cover special waste), and any supporting information on the number and type of sites that might benefit from such a proposal.

2.7 Burning Waste in the Open (Paragraph 30)

2.7.1 We are proposing to make minor amendments to paragraph 30.

2.7.2 Burning waste in the open is currently subject to an exemption in paragraph 30 Schedule 3 to the Regulations which allows burning of wood, bark or other plant matter in the open subject to certain conditions. It is considered that this exemption is inappropriate for the purposes of burning dunnage, without tightening up the conditions under which the burning is allowed. We are therefore proposing a new exemption for dunnage, which will clarify the situation, by providing a new exclusive exemption for this operation.

2.7.3 British Waterways, as part of their statutory navigation duties, accumulate a considerable volume of waste of which they need to dispose. Some of this waste is spread to land, for example, under the land treatment exemption. Some of it is disposed of by burning on the bank side in a controlled manner. SEPA advises that it would be appropriate to burn this waste under paragraph 30. We are therefore proposing to add the British Waterways Board to the list of organisations in paragraph 30 (1) (b) to allow the dredgings to be burnt under the terms of this exemption.

2.7.4 It is not proposed that registration under this paragraph be accompanied by a registration fee.

2.8 EC Decision 96/350/EC

2.8.1 The Decision adapts Annexes IIA and IIB to Council Directive75/442/EEC (as amended) and inserts new lists of disposal and recovery operations covered by the Directive. It is appropriate to enact this Decision with the current amendments.

2.9 Used Cooking Oil

2.9.1 This review of exemptions has not provided for an exemption for the storage of used cooking oil (or recovered vegetable oil) prior to the recovery of the material. The European Commission has implemented a ban on the use of used cooking oil in animal feed. The UK has secured a delay in the implementation of that provision which has been agreed by the Commission. The ban on the use of used cooking oil in animal feed will therefore come into effect on 30 October 2004.

2.9.2 As a result it is even more vital to encourage the recovery of such waste. For economic purposes, it is important to allow used cooking oil to be bulked up prior to transporting for recovery. This could be achieved under the terms of a registered exemption from licensing. Given the scale and nature of the activities, it is not proposed to change the current requirement for a waste management licence for those involved in processing and recovering waste.

2.9.3 There is currently an exemption for the storage of oil (which includes some special waste). However, this currently does not include used cooking oil. The Executive are considering a number of amendments to the special waste exemptions. This review will be looking to amend the exemption from licensing for oil storage. It is considered more appropriate to provide an exemption for used cooking oil within this review, and so it has not been considered in this consultation paper.

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