Waste Management

Insert at the end of 5.18.4 on page 238.

One consequence of the Landfill Directive in England and Wales is a threatened waste ‘crisis’. Since more of the waste generated in England and Wales is now classified as ‘hazardous’, this has resulted in a corresponding demand for suitable disposal sites (ie, landfills that can accept such waste). Unfortunately, there has been a significant reduction in the number of landfills licensed to accept such wastes (estimated to be just 10 sites). The relevant rules classifying wastes as hazardous and non-hazardous are the Landfill (England and Wales) (Amendment) Regulations 2004. In accordance with the regulations, if an application for a licence is rejected the site must close. Under the 2004 rules, hazardous wastes must be pre-treated before disposal and this will also add to the financial burdens facing the waste industry. An increase in fly-tipping seems a likely result of these developments.

The government is also planning to introduce a landfill allowance trading scheme, to assist local authorities to meet their Landfill Directive biodegradable waste reduction targets, under the Waste and Emissions Trading Act 2003. Local authorities are to be allocated allowances limiting the amount of biodegradable wastes that can be landfilled. Exceeding the relevant allowance may result in a fine. The allowance limits will be gradually reduced between 2004 and 2020. Whilst the Act is in force, implementation of the scheme requires regulations (which have yet to be enacted)