LAWR

LEGISLATION The impact of forthcoming legislation Phil Conran looks at the legislative agenda for 2014 and how it will affect the waste and resource management sector. T he waste regulatory framework has on the one hand, seen very little change over the last few years but on the other hand, seen a massive change in culture. Waste regulation has traditionally been about protecting the environment rather than necessarily protecting natural resources. But all that is changing and the requirements of the circular economy and the EU Waste Framework Directive now demand a rethink. Zero to landfill still seems to be the key aspiration, but behind that is a growing realisation of the need to create less waste out of what we use. One of the problems for the waste industry and indeed, for multi-site companies is the increasing disparity between the different parts of the UK. Not only is key risk management legislation diverging – Hazardous Waste, Permitting etc – but strategies are becoming increasingly divorced. 2014 promises to be an interesting year. With Defra declaring time out, Scotland starting their Zero Waste Regulations and Wales finalising theirs, this divergence of strategy and the impact on resource performance will be starkly brought into focus. On a UK-wide basis, the main changes relate to producer responsibility. The new Waste Electrical and Electronic Equipment (WEEE) Regulations give more powers to local authorities to retain WEEE revenue but are aimed at reducing cost to industry – which inevitably means that WEEE will have less value. Local authorities (LAs) will 6 Local Authority Waste & Recycling January 2014 have some tough decisions to consider by the end of January as to whether they want to be more actively involved or whether to essentially leave things as they are. New glass targets under the packaging regulations should see evidence costs to industry reduced with the resultant decline in material value for LAs. The biggest single issue facing all parts of the UK is the EU Waste Framework Directive requirement for separate collection of recyclables by the beginning of 2015. Scottish Regulation is in place and the Scottish Government has invested heavily to ensure that their early start of Jan 1 is effective. From this date, all organisations in postcodespecific areas will be required to put out recyclables for separate collection with local authorities under pressure to ensure all households have the same ability to recycle. Key to ensuring the success of this is the definition of 'separately collected' within the context of TEEP (Technically, Environmentally and Economically Practicable). The Government was successful in defending the Judicial Review of their regulatory definition of 'separately collected' that allowed commingled collection where quality standards were maintained. But in England and Wales, at the moment, there has been no further clarification on the definition of TEEP. Guidance was expected earlier this year, but the recent letters from Lord de Mauley and Dan Rogerson have suggested this may not be forthcoming. The market is also awaiting the MRF Code of Practice which will be enshrined in the English Environmental Permitting Regulations. Delays caused by the need for the Environment Agency to work out its auditing fee structure have meant this is unlikely to be finalised until the spring. 2014 will also see pressure on the regulators. With the EA due to lose 15% of its staff by 2015, there is concern as to whether they will be able to apply effective enforcement. Delays have also occurred in the publication of the Duty of Care Code of Practice and the waste transfer note consultation, both of which are inextricably entwined in TEEP. The outcome of these could have a huge impact across all sectors and potentially lead to some fundamental changes in the way waste has to be collected with regulatory quality overriding cost. Hovering above basic waste legislation, the circular economy and the drive to waste prevention must also start to see some Government leadership in 2014. Wales has issued a challenging Waste Prevention Programme. As LAWR went to press, the industry expressed disappointment over Defra's Prevention Plan. Firm targets were left out of the plan and some said that it lacked ambition. Clearly, prevention will be the priority moving forwards which must somehow see the alignment of waste legislation to encourage discarded materials out of the waste stream. Phil Conran is director of 360 Environmental.

• Cover