Flashcards in L5 - Waste Management Deck (30):
What are the 2 arms to waste management?
Give a generic definition of waste
"Any materials unused and rejected as worthless or unwanted"
What is the legal definition of waste and where is it outlined?
"Any substance or object in the categories set out in Annex I, which the holder discards or intents or is required to discard"
Article 3 (1) of the Waste Framework Directive 2008/98/EC
How many categories of waste are there in Annex I?
What are the 2 problems associated with waste?
1. When does it become waste?
2. When does it cease to be waste?
Which case confirmed that waste remains waste if the intention is to discard?
Which case led to the creation of the End of Waste Test?
Scottish Power Generation Ltd. v. SEPA
What did Lord Reed say had to be the case for waste to be at the end of waste?
The material can be used without further processing under the same conditions of environmental protection and without any greater danger of harm to human health or the environment
What is a residue or byproduct?
Waste is what falls away when one processes material, is not the end product and so residences would always constitute waste
What 5 criteria have to be met for the primary production purpose test?
1. Intentionally produced
2. Certain Use
3. No Further Processing Required
4. Has to be reused as an integral part of the production process
5. Remains on site
Under the waste framework there are 3 categories with specific directives, what are they?
1. Special Wastes
2. Processing and Disposal Facilities
What does Article 4 of Directive 2008/98/EC refer to?
What does Article 5 of Directive 2008/98/EC refer to?
By Product Criteria
What does Article 6 of Directive 2008/98/EC refer to?
End of Waste Criteria
What does Article 11 of Directive 2008/98/EC refer to?
Promotions of re-using and recycling waste by 2020
What does Article 17 of Directive 2008/98/EC refer to?
Control of Hazardous Waste
What does Article 23 of Directive 2008/98/EC refer to?
Permitting of waste disposal and recovery operations
What are the 5 tiers of the waste hierarchy (starting with the most sustainable)?
2. Preparing for Re-Use
4. Other recovery/consumption
What are the 2 aims of the waste management regime?
1. Control Waste Pollution
2. Change Behaviour
Which section of EPA 1990 outlines waste offences?
Which section of EPA 1990 outlines the meaning of deposit?
Section 33 (1)
Which section of EPA 1990 outlines the meaning of knowingly?
Section 33 (3)
Give 2 defences
1. Permitted Activity
2. All reasonable precautions taken
What is the maximum penalty from the Magistrates Court?
12-month imprisonment/£50,000 fine
What is the maximum penalty from the Crown Court?
5-year imprisonment/unlimited fine
Which 2 penalties are outlined in the Clean Neighbour Hood Act (2005)?
1. Order Clean Up Costs
2. Confiscation of Vehicles
What is duty of care?
It applies to any person who produces, imports, carries, keeps or disposes of controlled waste or who, as a broker has control of it
What is carriage of waste connected to?
Duty of Care
What 5 things must be done for duty of care?
1. Prevent Intervention by Others
2. Ensure waste is dealt with properly by others down the chain
3. Prevent escape of waste
4. Transfer only to an authorised person
5. Give a written description of the waste when transferring it