Introduction
1.1 This document describes the regulatory requirements set out in the Landfill Directive 1999/31/EC, and considers the likely impact upon both landfill operators and waste producers. It describes how we intend to implement the Directive, inviting views where there appear to be options for national controls.
1.2 This document is aimed at the waste management industry, waste regulators and waste producers, all of which will be affected by the implementation of the Landfill Directive. The sections that are particularly relevant to waste producers are discussed in Paragraph 1.10 below. This document is also aimed at waste and environmental interest groups who have an interest in environmentally sound regulation. Consultees are asked for their views on a number of issues throughout the document, and these questions are summarised in Chapter 14. Details of how to respond can also be found in this Chapter.
1.3 The Landfill Directive 1999/31/EC was agreed in Europe on 26 April 1999 and the final text was published in Europe's Official Journal in July 1999. It must be transposed into national legislation by 16 July 2001. The full text of the Directive is available on the internet on europa.eu.int/eur-lex/en/oj/1999.
1.4 The main aim of the Directive is to prevent or reduce as far as possible the negative effects of landfilling waste on the environment and human health. It will ensure that landfill sites across the European Union face strict regulatory controls on their operation, environmental monitoring and long-term care after closure.
1.5 Whilst the Scottish Executive recognises that landfill has an important role to play in waste management both now and in the future, it is committed to reducing Scotland's reliance on landfill, which makes little practical use of waste and could be a missed opportunity to recover value from waste. The Scottish Executive's views on the relative merits of different waste management options are discussed further in the National Waste Strategy: Scotland 1. However, landfill may remain the Best Practicable Environmental Option (BPEO) for certain wastes in certain circumstances, and it will continue to play a role in waste management in the foreseeable future. The Executive welcomes the Landfill Directive as an instrument which can serve to ensure that landfill activities throughout the European Union are well regulated and managed.
1.6 Another main objective of the Directive is to reduce the emission of methane, a powerful greenhouse gas, from landfill sites. Where methane is produced, the Directive aims to ensure that it is used productively. Climate change is one of the most serious environmental threats facing the world today, and the UK Government and the Scottish Executive published their final climate change programmes in November 2000. These programmes set out far reaching strategies for tackling climate change. Currently, more methane gas collected at landfills is burnt as flares rather than used to produce energy. Using methane from landfills to produce energy will displace carbon dioxide emissions from the burning of fossil fuels to produce energy. The Directive will require the collection, treatment and use, where possible, of the gas from all landfills receiving biodegradable waste.
1.7 Also, to help fulfil its objective of reducing methane emissions, the Landfill Directive introduces progressively diminishing limits on the landfill of biodegradable municipal waste. These were the subject of a consultation paper entitled "The Landfill Directive: A consultation Paper" released by the Scottish Executive in November 1999. The targets are therefore not dealt with in this consultation paper.
1.8 Many of the Landfill Directive's regulatory requirements are similar to those already in operation in Britain under the Waste Management Licensing Regulations (WMLR) 1994 and the Environmental Protection Act (EPA) 1990.
1.9 The Landfill Directive will nevertheless introduce some key changes to current UK landfill practice. These include:
- The separation of landfills into three types: for only hazardous, non-hazardous or inert waste
- The requirement to treat most wastes before disposal to landfill
- A ban on the disposal of certain wastes to landfill, for example liquid waste, certain hazardous wastes and tyres
These requirements and their implications will be explained in more detail later in this consultation paper.
1.10 However, the prohibition of certain wastes to landfill will mean that alternative recovery/disposal routes need to be sought, and the requirement to treat waste before disposal could be fulfilled before the waste reaches the landfill operator, i.e. by the waste producer/waste holder. The waste acceptance criteria and procedures will also affect waste producers/holders, and the obligation to carry out a basic characterisation of waste could fall to the waste producer.
1.11 This consultation paper covers Scotland. The powers under the PPC Act to be used to implement the elements of the Landfill Directive discussed in this paper have been devolved to the Scottish Ministers
1.12 Draft regulations to implement the Landfill Directive will be prepared following this consultation. We will consult on these later this year.