W3 - WASTE REGULATION Flashcards
(21 cards)
What are the 4 sources of waste and give 2 examples of types
SOURCES
* Domestic
* Agricultural
* Commercial
* Industrial
Types
- Radioactive waste
- Oil and gas production waste
Why is waste regulation needed?
To address risks/harms related to human/environmental health
- Economic/social cost
- Valuable resource/tradeable good
- Tension between the two
How can some of the solutions cause issues?
- Discharging sewage into a private river impacts fish and drinking water (AG vs Birmingham)
Incineration releases GHG emissions
Give an overview of the early developments of UK waste law
Public Health Act
Waste disposal as inspiration for the 1975 EU Waste Framework Directive
What are the 5 iterations of the Waste Framework Directive?
1) Focused on waste disposal regulation to minimise environmental harm, encouraging member states to promote prevention, recycling and reuse
2) Wider regulator controls over waste, establishing waste hierarchy (prevention/recovery > disposal)
3) Waste hierarchy now mandatory, promoted maximising use of resources
4) Circular economy concepts
5) Focus on food and textile waste
What are the 3 functions of the WFD and its obligations?
1) Regulation
2) Policy directing
3) Framework
Obligations
Ensure waste management doesn’t harm human/environmental health
Prohibit uncontrolled waste disposal eg. dumping
Define waste using a case and state the 2 exemption using a case
- any substance or object which the holder discards or intends or is required to discard (ARCO Chemie Nederland v Minister Van Volkshuisvesting , 2000)
By product exception - materials resulting from a manufacturing process may be regarded as a by-product if they intend to market it without further processing, but reuse must be a certainty not a possibility (Palin Granit Oy)
End of waste exception - already undergone recovery operation and use will not damage human/environmental health
Define the holder of waste, why is the definition important? Also how is it linked to PPP?
Holder is the waste producer or natural/legal person in possession of the waste. Waste producer if anyone whose activities produce waste/anyone who carries out operations that change the composition of the waste
Important is the action of the holder constitutes the act of discarding
Extending liability to different actors that originated the waste, reflecting the PPP
What is the waste hierarchy in order of importance? Give overviews of each step
1) Prevention - measures taken before something becomes waste to reduce negative impacts
2) Preparing for reuse - any operation that the non waste components are reused for its initial purpose
3) Recycling - Preparing waste to be reused , most plastic in the UK are just incinerated, landfilled or exported
4) Recovery - Waste reprocessed into products for purpose other than it’s initial purpose
5) Disposal - Main goal is to get rid of, even if you recover some waste
How do you apply the waste hierarchy, what are obligations of member states, what are some issues with waste hierarchy?
In application must
- encourage options resulting in best environmental outcome
- take principles of precaution and sustainability into account
Obligations
- Permits must be issued with conditions by a competent authority in order to carry out waste treatment, and the intended method of treatment should be acceptable from POV of environmental protection
Issues
Clarity between levels? Implementation? Does it promote efficient resource use?
What is Extended Producer Responsibility?
Strengthens waste hierarchy
EPR of anyone that deals with products who must accept and manage waste related to said products
What daughter directives supplement the WFD and their common features?
Industrial Emissions Directive for incineration (waste management)
Waste from Electrical and Electronic Equipment (WEEE)
Common features
- Producer responsible for the costs
- Integrates e waste-minimizing features into product design
Give an overview of the Circular Economy Initiatives
WFD includes recycling targets
EU Circular Economy Action Plan 2020
Focuses on sustainable product policy framework
Creates market for secondary raw materials and addresses waste exports from EU which decreases waste and increases value
What is the UK’s approach to waste regulation? Include definition of waste, 2 examples of relevant legislation and the Judicial approach with case law
Environmental Protection Act
Landfill tax regulations
Same basic definition of waste but potential for divergence from EU in future
Often followed decision from ECJ eg Castle Cement v Environment Agency
Recently shifting approach to go beyond EU by adopting a common sense approach eg. Environment Agency v Thorn International UK
What is the primary mechanism for controlling waste in the UK and give an overview of it
Permitting
Under the EPA 1990
Streamlined system under Environmental Permitting Regulations
Both establish waste offences
Give an overview of waste offences under EPA, with punishments and the principle of strict liability with a case law example
EPA waste offence is a criminal offence with penalties. This overlaps with EPR (failure to obtain or breach of a waste operation permit)
Strict liability offence except where knowledge is required
* Strict interpretation of ‘knowingly’
* Shanks and McEwan (Teesside) Ltd. v Environment Agency (1997)
Give a brief overview of Environmental Permitting Regulations
- Required to obtain a permit to operate a regulated facility unless exempt ( must meet waste framework objectives)
Criminal offense if breached
What does the EPA say about duty of care
Duty of anyone that deals with waste to prevent the escape of waste from his or any others control
Give 2 examples of post Brexit developments
Charges for single use bags
Waste separation
What is the Basel Convention? Give an overview of its aims and issues.
Convention of controlling Transboundary movement of hazardous waste and their disposal
Aims:
Reduce international movement
Commitment to take measures to limit/prevent waste generation
Issues:
Lacks detail on how to achieve commitment
No hazardous waste definition
No cap of global waste transfer
Is it effective? see Ivory Coast toxic waste dump
