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A FUTURE FOR LANDFILL ?

Dave Dingle – Cannon Hygiene Ltd

After discussions in Europe throughout the 1990’s, the EC Landfill Directive was finally agreed by the European Parliament on 26 April 1999.  This requires UK legislation to be made to bring it into force in the UK by 16 July 2001.  A Department of The Environment , Transport and the Regions (DETR) Consultation Paper in October 2000 indicated that this will be brought about by amendments to the Pollution Prevention and Control Regulations 2000 (PPC).  Although some industry representatives believe that the timescale is now too tight for that date to be met (especially if a General Election takes place, preventing any Government action on new Regulations for six weeks beforehand), DETR say they are confident it can be done.

The main aim of the Directive is

In practical terms, this will be brought about by a reduction in the landfilling of certain wastes, and prohibition of other wastes. In summary these are:

	Progressive reduction over five, eight and fifteen years of the amounts of biodegradable municipal waste which can be landfilled
	Prohibition on landfilling infectious wastes arising from medical veterinary premises, liquids, tyres and wastes which are explosive, corrosive, oxidising or flammable
	Requirement to treat all waste before landfilling
	Classification of sites into inert, non-hazardous, or hazardous
	Testing of wastes before acceptance to meet Europe wide criteria on what is acceptable as sites under each classification

In some cases, these measures are being phased in over some years, and will affect new landfill sites initially, and older sites later (potentially not until 2009 in some cases).

The ways in which this legislation will affect the disposal of separately collected feminine hygiene, nappy and incontinence (human hygiene) wastes and clinical waste are at this stage still uncertain.  However SMDSA were invited to participate in the discussions, and are represented on the DETR/Industry Working Group dealing with the implementation. This has meant we have been able to keep members informed as to likely developments.

The targets on reduction of biodegradable municipal waste will have little effect, as that is only waste which is collected by or on behalf of local authorities.  Whilst some separately collected waste of this type originates with Councils, a great proportion of it arises in retail premises, leisure premises, industry and offices and is not therefore affected by the targets.

Of the prohibited wastes human hygiene wastes and similar wastes classed as clinical (Group E) often do not arise from premises that are classed as medical.  Also in view of the definition of ‘infectious’ in European legislation, current Environment Agency/SEPA policies, and in the DETR’s view, most clinical waste would not fall within this category.

Again, as few clinical wastes are classified as ‘hazardous’ within the Directive definition, the classification of sites as suitable for non-hazardous biodegradable wastes would not prevent their landfilling of human hygiene and Group E wastes.

The requirement to establish Europe wide criteria for classification and testing of wastes will result in the need for analysis and classification of wastes before they can be accepted at non-hazardous landfill sites however, and it is anticipated that Companies involved in the collection and disposal of such wastes will have to undertake both basic characterisation testing (referred to as Level 1 testing) and ongoing periodic compliance testing (Level 2 testing).  In view of the nature of the wastes however, and the way they are contained it is likely that on site testing (Level 3 testing) will be unnecessary.

The greatest are of uncertainty at this stage lies in the requirement for all wastes to be treated before landfilling.  The Directive allows for this to not apply where treatment does not contribute to the protection of the environment or human health by reducing the quantity of waste or its hazards.  Treatment may involve physical/thermal/chemical or biological processes, it must change the characteristics of the waste, and it must do so in order to reduce its volume or hazardous nature, facilitate its handling or enhance its recovery.  Much debate has already taken place, as to whether or not simple physical sorting (or by implication, segregated collection) will constitute treatment. In the case of human hygiene/clinical wastes, treatment is often carried out by the placing of germicides in the waste collection units at customers premises and this practice may go some way to waste being considered as treated for the purposes of landfilling.

In their October 2000 consultation paper, DETR indicated that to prevent endless discussions and disputes between the waste holder and The Environment Agency, The Agency (and presumably SEPA in Scotland) would issue draft guidance in January 2001. They also suggested industry groups could liase with The Agency to develop an agreed set of lists.  Unfortunately, as of March 2001 draft guidance has not appeared, and SMDSA have not been contacted by The Agency regarding this issue.

As outlined earlier, where existing sites have been classified as non-hazardous, the prohibited wastes, classification / testing of wastes, and requirement for treatment may not take effect until 2009 at the latest, although new sites would be affected from 2002.  The date at which requirements apply to each existing site would however be site specific, dependent upon progress by The Agency during the re-application process.

In summary it would appear that the future for landfilling human hygiene and low grade clinical wastes may not be as bleak as some have anticipated, particularly where they do not arise as municipal wastes, subject to the requirements of classification / testing, and agreement on what constitutes treatment.  SMDSA representatives will continue to participate in DETR Working Group meetings, and Member Companies will therefore be kept informed, and able to advise customers of the way the UK legislation implementing the Landfill Directive will affect them.