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Landfill Regulations
Regulatory Regime
The Landfill (England and Wales) Regulations 2002 implement the EC landfill Directive in the England and Wales. The aim of the Regulations is to 'reduce as far as possible negative effects on the environment during the lifecycle of landfill'. Similar Regulations apply in Scotland and Northern Ireland.
The Regulations require
• Sites to be classified into one of three categories: hazardous, non-hazardous or inert according to the type of waste they will receive.
• Higher engineering and operating standards to be followed.
• Hazardous liquids, flammable, corrosive, explosive, oxidising and infectious wastes have been banned from landfill from July 2002.
• Non hazardous liquids will be banned before 2007.
• Co- disposal will be banned from 16 July 2004.
• Whole tyres were banned from 2003, and shredded tyres will be banned from 2006.
• Waste will be required to be pre-treated prior to landfilling.
• Operators must demonstrate that they and their staff are technically competent to manage the site, and have made adequate financial provision to cover the maintenance and aftercare requirements.
Implications of the Regulations Requirements
Non-Hazardous Waste Landfills
From July 2002 these sites were permitted only to accept non-hazardous liquid and solid wastes. Stabilised non-reactive hazardous waste will be permitted in separate cells provided the leaching characteristics are similar to non-hazardous wastes. From an as yet undecided date before 2007 pre-treatment will be required and liquid waste will be banned.
Non-hazardous waste/ Implementation dates
The government has announced that it will give two years notice of the date on which all non-hazardous waste must be pre-treated and on which non-hazardous liquids would be banned from existing landfills. A phased implementation programme would almost certainly have encouraged waste to be directed away from Landfill Directive compliant sites operating to higher environmental standards.
Hazardous Waste Landfills
From July 2002 these sites ceased to accept liquid, flammable, corrosive, explosive, oxidising and infectious wastes. Hazardous waste is any waste on the EU Hazardous Waste List. Hazardous waste destined for landfill must be pre-treated from July 2004 and from 16 July 2005 must be treated to meet the Waste Acceptance Criteria (WAC) specified in amendments to the Landfill (England and Wales) Regulations 2002.
Hazardous cells in non-hazardous sites
The regulations allow separate cells to be engineered in non-hazardous sites for the management of stable, non-reactive hazardous wastes. It is likely that such wastes will have to be solidified to "lock in" the hazardous components. These wastes must be kept separate from other wastes and display leaching characteristics no worse than non hazardous waste.
Interim Classification
Sites classified as hazardous from 2002 have been able to accept both hazardous and non-hazardous waste until 2004. From July 2004 these sites can either remain hazardous and cease to accept non hazardous waste, or be re-classified as 'non-hazardous', and cease to accept hazardous waste.
Waste Treatment
The Directive requires that almost all waste must be treated prior to landfilling with treatment being defined as a physical, thermal, chemical or biological process that must change the characteristics of the waste in order to reduce its volume or hazardous nature, or facilitate its handling, or enhance its recovery.
Landfill Engineering, Emissions and Risk Assessment
Minimum requirements of geological and artificial barriers to protect soil and groundwater are prescribed in the Regulations but the Agency can exercise discretion to modify the lining and gas and leachate management requirements on the basis of risk assessment. Under the Regulations, all sites accepting biodegradable wastes will have to install gas collection and utilisation systems (or flaring where utilisation is not technically practicable).
Inert sites
Inert waste sites will only accept wastes that meet the new more stringent definition of inert waste.
European Waste Catalogue (EWC)
The Landfill Regulations require that waste is described by EWC codes on the Transfer Notes required under the Duty of Care Regulations. The EWC categorises wastes into 20 main groups and approximately 900 codes. The EWC also identifies Hazardous Wastes, many of which are currently Special Waste and dealt with by the Special Waste Regulations, but some of which are not, such as fluorescent tubes, certain batteries and Cathode Ray Tubes.
Landfill Amendment Regulations including the Waste Acceptance Criteria
The WAC set minimum numeric criteria for each classification of landfill based on leaching tests, compressive strengths, pH and acid neutralising capacity.
On 25 March 2004, Government announced that:
• The WAC will be implemented in England and Wales in July 2005;
• A site specific risk assessment approach will apply to wastes destined for hazardous waste sites from 16 July 2004;
• The limit values for Cadmium and Mercury will mirror those in the EU decision;
• High sulphate bearing wastes will not be permitted to be disposed of with biodegradable wastes;
• Compliance with less stringent WAC values will be possible for individual waste streams destined for specific mono-cells, based on site specific risk assessment.
March 2004
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