flytipping question
Discussion
say someone was to dump construction waste on my land with my permission, and i then went out one night and dumped a few barrels of toxic waste in amongst the construction waste, what would happen and who would be to blame?
No i havent done this, its a question and i cant for the life of me work out what legislation applies and how it applies to me and to the other person
No i havent done this, its a question and i cant for the life of me work out what legislation applies and how it applies to me and to the other person
Start with this lot:
Landfill Regulations
On 16 July 2004 the full requirements of the Landfill Regulations 2002 come into force. In effect, this stops the practice of ‘co-disposal’ of hazardous and non-hazardous waste in the same landfill. It also requires that the hazardous wastes identified in the European Waste Catalogue must be pre-treated, according to a three-point test, to reduce their quantity and hazard before they are landfilled (unless this is of no practical environmental benefit). Landfill sites are being re-permitted to reflect these changes.
Waste Acceptance Criteria (WAC)
Used by landfill operators to decide whether they can accept hazardous waste into their landfill. They should be made into UK law by July 2004, for implementation on 16 July 2005. The criteria are predominantly leaching limit values for waste going to landfills, setting the limits of contaminants permitted in waste going to landfill, together with testing standards and procedures that must be used.
Hazardous Waste Regulations
These will replace the Special Waste Regulations 1996 (as amended) in 2005. They will apply controls on movements of hazardous waste to the revised Hazardous Waste List. The regulations will introduce revised and more streamlined procedures for monitoring movements of hazardous waste. The draft regulations will be issued for consultation shortly and are expected to come into force on 16 July 2005.
Waste Oil Directive (WOD)
The current regulations have been in force since 1987 and contain a series of requirements to ensure safe management of waste lubricating oils. EU States are required to give priority to the regeneration of these oils, where technically, economically and organisationally feasible. Where regeneration into base lubrication oil is not feasible, States are required to ensure that combustion is carried out under environmentally acceptable conditions.
The UK collects over 80 per cent of recoverable waste oil - amongst the best collection rates in Europe. Almost all the 370,000 tonnes of waste oil recovered annually is recycled to meet a specification as a recovered fuel oil, which replaces the virgin heavy fuel oil that would otherwise be used. No waste oil is currently regenerated for use as lubrication oil in the UK. Government is continuing to look at ways of encouraging waste oil regeneration in the UK, while preserving its excellent collection rate. There is a need for a range of recovery routes for waste oil in the UK and regeneration has an important role to play.
End of Life Vehicle (ELV) legislation
The regulations came into effect on 3 November 2003 and apply to sites used for the storage and treatment of ELVs. The regulations require operators working under a registered exemption to apply for a site licence (if accepting vehicles that have not been de-polluted) and set new minimum technical standards for all sites that store or treat ELVs.
Waste Electrical and Electronic Equipment (WEEE) legislation
Restriction of Hazardous Substances (RoHS) legislation
Both the WEEE and the RoHS Directives were published on 13 February 2003. The Directives affect producers, sellers and recyclers of electrical and electronic equipment - including household appliances, IT and telecoms equipment, audiovisual equipment (TV, video, hi-fi), lighting, electrical and electronic tools, toys, leisure and sports equipment. Consultation on the regulations and guidance will begin at the end of July 2004.
Waste Incineration Directive (WID)
This sets stringent requirements on all emissions from incineration. It applies to all new installations from December 2002, and to installations that already existed at that date from December 2005. Many installations will be impacted, for example those cement kilns burning waste solvents and those recovering waste oil through burning.
Agricultural Waste Regulations
Present waste controls do not apply to the management of agricultural waste. However, new regulations will extend to include agricultural waste, except specific wastes excluded from the scope of the Waste Framework Directive, where they are covered by other legislation. This means that relevant waste disposal or recovery on farms will no longer be possible without a waste management licence or exemption. The regulations are due in 2004.
Streaky
Landfill Regulations
On 16 July 2004 the full requirements of the Landfill Regulations 2002 come into force. In effect, this stops the practice of ‘co-disposal’ of hazardous and non-hazardous waste in the same landfill. It also requires that the hazardous wastes identified in the European Waste Catalogue must be pre-treated, according to a three-point test, to reduce their quantity and hazard before they are landfilled (unless this is of no practical environmental benefit). Landfill sites are being re-permitted to reflect these changes.
Waste Acceptance Criteria (WAC)
Used by landfill operators to decide whether they can accept hazardous waste into their landfill. They should be made into UK law by July 2004, for implementation on 16 July 2005. The criteria are predominantly leaching limit values for waste going to landfills, setting the limits of contaminants permitted in waste going to landfill, together with testing standards and procedures that must be used.
Hazardous Waste Regulations
These will replace the Special Waste Regulations 1996 (as amended) in 2005. They will apply controls on movements of hazardous waste to the revised Hazardous Waste List. The regulations will introduce revised and more streamlined procedures for monitoring movements of hazardous waste. The draft regulations will be issued for consultation shortly and are expected to come into force on 16 July 2005.
Waste Oil Directive (WOD)
The current regulations have been in force since 1987 and contain a series of requirements to ensure safe management of waste lubricating oils. EU States are required to give priority to the regeneration of these oils, where technically, economically and organisationally feasible. Where regeneration into base lubrication oil is not feasible, States are required to ensure that combustion is carried out under environmentally acceptable conditions.
The UK collects over 80 per cent of recoverable waste oil - amongst the best collection rates in Europe. Almost all the 370,000 tonnes of waste oil recovered annually is recycled to meet a specification as a recovered fuel oil, which replaces the virgin heavy fuel oil that would otherwise be used. No waste oil is currently regenerated for use as lubrication oil in the UK. Government is continuing to look at ways of encouraging waste oil regeneration in the UK, while preserving its excellent collection rate. There is a need for a range of recovery routes for waste oil in the UK and regeneration has an important role to play.
End of Life Vehicle (ELV) legislation
The regulations came into effect on 3 November 2003 and apply to sites used for the storage and treatment of ELVs. The regulations require operators working under a registered exemption to apply for a site licence (if accepting vehicles that have not been de-polluted) and set new minimum technical standards for all sites that store or treat ELVs.
Waste Electrical and Electronic Equipment (WEEE) legislation
Restriction of Hazardous Substances (RoHS) legislation
Both the WEEE and the RoHS Directives were published on 13 February 2003. The Directives affect producers, sellers and recyclers of electrical and electronic equipment - including household appliances, IT and telecoms equipment, audiovisual equipment (TV, video, hi-fi), lighting, electrical and electronic tools, toys, leisure and sports equipment. Consultation on the regulations and guidance will begin at the end of July 2004.
Waste Incineration Directive (WID)
This sets stringent requirements on all emissions from incineration. It applies to all new installations from December 2002, and to installations that already existed at that date from December 2005. Many installations will be impacted, for example those cement kilns burning waste solvents and those recovering waste oil through burning.
Agricultural Waste Regulations
Present waste controls do not apply to the management of agricultural waste. However, new regulations will extend to include agricultural waste, except specific wastes excluded from the scope of the Waste Framework Directive, where they are covered by other legislation. This means that relevant waste disposal or recovery on farms will no longer be possible without a waste management licence or exemption. The regulations are due in 2004.
Streaky
if you're bored enough to still be wanting to lend a hand, which legislation outlines the liabilities (i.e committing an environmental offence on the land) of a commerical/industrial landowner and his leaseholder (who commits the act). im sniffing around the law of property act and aren't getting very far
>> Edited by paulhol on Sunday 15th January 23:44
>> Edited by paulhol on Sunday 15th January 23:44
paulhol said:Should be covered by one of the above, but I have no specific details to hand - Streaky
if you're bored enough to still be wanting to lend a hand, which legislation outlines the liabilities (i.e committing an environmental offence on the land) of a commerical/industrial landowner and his leaseholder (who commits the act). im sniffing around the law of property act and aren't getting very far
>> Edited by paulhol on Sunday 15th January 23:44
My initial response is that you would then be the proud owner of land affected by hazardous waste and you would obviously be to blame because you had dumped it.
My second answer is as above plus a further explanation that you would not be able to blame the person that dumped the earlier waste because it is your land and you have responsibility for what happens on it.
My second answer is as above plus a further explanation that you would not be able to blame the person that dumped the earlier waste because it is your land and you have responsibility for what happens on it.
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