What does pre-treatment mean?
Your waste will have been considered as having undergone pre-treatment if it has undergone a physical, thermal, chemical or biological process (including sorting), which changes the characteristics of the waste, in order to:
- reduce its volume, or
- hazardousness nature, or
- facilitate its handling, or
- enhance its recovery
Separating some of your general waste streams for reuse or recycling is therefore an acceptable form of pre-treatment. Note that compaction (for example, squashing a cardboard box) does not qualify as treatment.
Am I affected?
The new requirements apply to anyone that is involved in sending waste to landfill. In the first instance you should find out how your company’s waste is managed and whether any of your waste is sent to landfill.
If you already sort out recyclables, such as glass, paper plastics or metal from your general waste stream, or have a separate collection for such material, then your waste satisfies the pre-treatment requirements. In these cases no further treatment is necessary and no further action is required.
For waste streams where simple segregation for recycling is not possible, other forms of treating your waste include thermal treatment, such as incineration with energy recover, mechanical biological treatment or anaerobic digestion. Your waste management company will be able to advise you on the best option for your waste stream.
If you want to continue sending your waste to landfill, you will have to demonstrate that is has been pre-treated.
What do I need to do?
The legal obligation for ensuring that no waste ends up in landfill which hasn't been pre-treated, lies with the landfill operator. However, as a waste producer, and as part of your Duty of Care, you are expected to either:
- treat your own waste, for example through sorting recyclables out from the mixed waste stream; or
- get your waste management company to do the waste treatment for you.
If you decide to treat your own waste before sending it to landfill you will need to provide written confirmation to the landfill operator that you have treated the waste. You should include the declaration with your waste transfer note, and keep a copy with your waste transfer records.
How will it be enforced?
From April 2008 landfill operators will be required to obtain written evidence from waste producers that their waste has been treated. The Environment Agency will be able to monitor compliance with the rules under its inspection programme and audit of landfills and where necessary, take enforcement action.
Where can I get more information?
The Environment Agency has produced detailed guidance aimed at helping waste producers decide what they need to do to comply with the Regulations.
Waste management companies will provide advice regarding all aspects of the management of wastes. NetRegs run a free online 'Waste Directory', which allows businesses to search for waste services offered in their area. The Environmental Services Association also offer an online Directory allowing you to find a specialist waste contractor in your area.
A new website managed by the Environment Agency called 'Wastematters' offers help and advise to businesses on compliance with waste legislation.
Envirowise offers small business a free and confidential ‘fastrack’ waste minimisation audit.