Legislation and Your Business

New Rules on Non-Hazardous Waste from October 30th 2007

waste liquids are banned from landfill;
solid waste must be treated prior to landfilling. This means that your business has to re-think its waste choices. It is by far easier,more statisfying and above all environmentally focussed to make some provisions for separating wastes at source or asking for a mixed recycling scheme now that landfill rules have changed. Let's avoid landfilling where possible.
For more information about how to improve your recycling and be compliant, contact us or the Environment Agency on 08708 506506
www.environment-agency.gov.uk/landfilldirective


Environmental Protection Act (1990) including - What is the Duty of Care?


This essentially covers the disposal of waste and in particular, Section 34, The Duty of Care, applies to everyone who produces, imports, carries, treats or disposes of 'controlled' wastes, which includes all household, commercial and industrial wastes, liquid or solid. Everyone subject to the Duty of Care must ensure that their waste is kept in a secure container so none can escape and that it is transferred to authorised carriers. A transfer note must be completed, signed and kept for two years by the parties involved. Holders must provide copies of these records if requested by the Agencies. This is a requirement of the Environmental Protection (Duty of Care) Regulations 1991. ("the 1991 Regulations"). Any breach of the 1991 Regulations is an offence. London Recycling has the appropriate documentation to handle your waste and also provides compliance information regarding your waste so that you meet the duty of care requirements. This service gives you peace of mind that you are fully compliant and no paperwork needs to be dealt with in-house.
 
Under Review: The Government has issued a consultation paper for England and Wales looking at reviewing the Duty of Care, registration of waste carriers and waste brokers. The consultation will be looking at how the current systems can be improved to reduce the opportunities for waste crimes.  The Duty of Care review includes new proposals covering the handling of non-household WEEE ie (business WEEE).

Landfill Tax Regulation and the Finance Act 1996

On 1 October 1996, a tax of £7 per tonne was introduced for active waste (the majority of waste produce is active), and £2 per tonne for inactive waste (for example rubble). 2007: This years Budget by the Chancellor Gordon Brown has announced an increase from April 2008 in the standard rate of Landfill Tax by £8 to £32 per tonne per annum; (currenty at £24). This is a 32% increase and will continue at this rate until at least 2010/11. An increase in the lower rate of Landfill Tax from £2 per tonne per annum in April 2007 to £2.50 per tonne per annum in April 2008. Although the tax is collected from the landfill site operator, the cost is passed through the collection chain to the waste generator - your business.

The Producer Responsibility Obligations (Packaging Waste) Regulations 1997

By adopting the principle of 'producer responsibility', the UK Government has implemented the EC Directive on Packaging and Packaging Waste (94/62). The environmental costs of packaging are placed on those who produce and use it. Currently, this affects only businesses with a financial turnover of £2 million or more or those who produce 50 tonnes of packaging waste per annum. The regulations set out recovery and recycling targets for manufacturers (6%), converters (9%), packers and fillers (37%) and sellers (48%).
 Waste Electrical and Electronic Equipment (WEEE) legislation July 1st 2007

WEEE is currently the fastest growing waste stream in the UK. Volumes for business WEEE in London alone are estimated to be around 100,000 tonnes per annum. By using London Recycling Limited services, your organisation can provide  demonstrable compliance to the WEEE Directive. 

What Your Business Needs to Know

The WEEE Directive introduces new responsibilities for businesses when they dispose of their WEEE. Businesses need to ensure all separately collected WEEE is treated, recycled and recovered. Whether the business  or the producer of the electrical and electronic equipment (WEEE) pays for  this depends on the circumstances.

Business WEEE from products put on the market after 13 August 2005
WEEE producers are responsible for financing the collection, treatment, recovery and disposal of WEEE from business users.

Business WEEE from products put on the market before 13 August 2005 
Different arrangements apply for WEEE arising from products put on the  market before 13 August 2005 (known as historic WEEE).  If historic WEEE from  businesses is being replaced by new equivalent products, the WEEE producer is  responsible for financing the collection, treatment, recovery and disposal when  supplying new products.  If historic WEEE is not being replaced, the end user  (the business) has to pay for its safe disposal. Duty of Care regulations are currently under review and part of the review will include new proposals covering the handling of non-household WEEE. Guidance is to be issued soon regarding business waste commonly found in the consumer waste stream for example kettles under WEEE law. 

Reporting

If businesses have obligations for the treatment, recycling and recovery of  WEEE they will need to report evidence of this to the Environment AgencyLondon Recycling Limited can provide this documentation on behalf of your  business. 

If you are still unsure as to what wastes constitute WEEE and/or would like to know more about how the WEEE Directive may effect you contact London Recycling Ltd, the Environment Agency on 08708506506 or the Department for Trade and Industry (DTI) regarding the regulations on 02072155000.

Hazardous Waste Regulations

Hazardous Waste News: From May 15th 2007 you will have to register with the Environment Agency if you are have Agricultural Waste - details on the EA website.

On 16th July 2005 new regulations on hazardous waste came into force.
 These regulations make it an offence to collect hazardous waste from any  premises
 in England and Wales that is not either exempt or registered with  the Environment Agency.

The new Hazardous Waste guidelines 2005 have been extended to include items commonly found in offices such as fluorescent lighting tubes, televisions, fridges, batteries and computer equipment. To see a full list of all wastes  covered under the new regulations please see The Environment Agency website listed below.

These items should now be collected separately from non-hazardous waste.  London Recycling Limited can arrange collection of these items for, recycling or  disposal, so  just call us on tel: 020 7511 8000 for advice. 

Sites that are exempt from registering with the Environment Agency include  shops, offices, vets and medical practices, providing that they produce  less than 200kgs a year.

200kg equates to approximately:

  • 10 small TV’s
  • 14 lead acid batteries
  • 500 flourescent tubes
  • 5 small domestic fridges
If you initially consider that your business will produce less than 200kg of  hazardous waste, but later it appears that you will exceed this limit, the Agency must be notified immediately and before the limit is exceeded. London  Recycling Limited will be able to provide you with reports to keep you informed of what wastes and amounts we have removed from your premises.

Our advice as waste managers and carriers would be that irrespective of the quantity of hazardous waste that you anticipate that you will be generating over the following twelve months, you should register with the Environment Agency as soon you can.

The Registration Process

Registration
with the Environment Agency can be done online, by telephone or by mail. The most economical and efficient method is online, with a cost of  £18 per premises, followed by telephonic registration at £23 per premises, and  the most expensive by mail, at £28 per premises. Bulk registrations for multiple sites. Ensure you get permission before you register a site. The cost for bulk registrations is also £18. Full details on the registration process is given on the Environment Agency website:  www.environment-agency.gov.uk/newrulesonwaste