The next step

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Confused about waste legislation

Confusion reigns

Over the last five years or so many new pieces of environmental legislation have been introduced. Many of these new laws cover the same areas, and this is especially true for waste disposal. So rather than improving waste handling etc., the constant barrage of new legislation has left many stumped as to what they should actually be doing.

Which regulations?

The BIS survey highlighted that four pieces of legislation in particular are causing problems. These are the:

• Waste Electronic and Electrical Equipment Regulations

• Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations

• Producer Responsibility Obligations (Packaging Waste) Regulations 2007; and

• Waste Batteries and Accumulators Regulations 2009.

What’s causing confusion?

There are a number of issues. To start with they’re all extremely complicated. To someone who isn’t an expert in the law, understanding what’s actually required of them is tough going. To make matters worse, even those who can get their heads around the various regulations are struggling, as in many instances they overlap. This means that even small businesses may have to comply with similar obligations under different regulations.

Help is coming

Fortunately, surveys such as this one, and the fact that many have been caught out for failing to comply with their legal duties, have highlighted these problems. Prior to the General Election, the government stated that it would call on the Department for Environment, Food and Rural Affairs (Defra) and the Environment Agency to work harder to offer more clarity on what businesses should be doing.

Note. This additional guidance is due to be published in July. However, with a new government in place, this is likely to drag on.

What to do in the meantime?

Obviously, reading Tips & Advice Environment will help you to decipher what’s required of you. In addition:

Tip 1. Your waste contractor is a good source of advice on these matters. As part of its duty of care, it must ensure that waste is collected, treated and disposed of in accordance with the law. Often, to enable it to do this, it will guide its clients on what they should be doing, for example which waste streams are appropriate. Contact details for the advice service your contractor offers is usually to be found on their website.

Tip 2. Alternatively, you could use the services of an environmental consultant. There are many in the market who are in a position to offer advice on compliance with these, and many other, pieces of legislation (seeThe next step).

For further information on environmental consultants, visit http://environment.indicator.co.uk (EN 05.01.05).