§ Mr. WigginTo ask the Secretary of State for Environment, Food and Rural Affairs if she will make a statement on the definition of coal fired power station ash as waste. [133254]
§ Mr. MorleyThe definition of waste in force in the United Kingdom is the definition in Article 1(a) of the Waste Framework Directive (as amended). It provides that waste means,
…any substance or object…which the holder discards or intends or is required to discard.Whether or not a substance such as power station ash is discarded as waste is a matter which must be determined on the facts of the case and the interpretation of the law is a matter for the Courts. The European Court of Justice has issued several judgments on the interpretation of the definition of waste and the meaning of "discard".
383WIt rests, in the first place, with the producer or holder of a substance to decide whether it is being discarded as waste. The Environment Agency is designated as a "competent authority" for the purposes of the Directive and is responsible for the application of its controls to substances discarded as waste. Power station ash discarded as waste is discussed in the Government's "Waste Strategy 2000" (paragraphs 8.139-8.143) (Cm 4693-2).