HC Deb 12 March 2004 vol 418 cc1770-2W
Sue Doughty

To ask the Secretary of State for Environment, Food and Rural Affairs what steps her Department has taken to alert producers of hazardous waste to their obligations under the Landfill Directive. [156410]

Mr. Morley

The Department has taken the following actionsconducted six rounds of public consultation on aspects of the Landfill Directive, three of which dealt specifically (although not exclusively) with hazardous waste issues; set up the Hazardous Waste Forum and the Landfill Directive Implementation Group—whose membership includes representatives of hazardous waste producers such as the -CBI and the Chemical Industries Association; published the Hazardous Waste Forum action plan on the reduction and environmentally sound management of hazardous waste; assisted in the issue of guidance material by the Environment Agency, including technical guidance on assessing and classifying hazardous waste; organised seminars and took part in those organised by others (e.g. the Environmental Services Association and the Chemical Industries Association); arranged bilateral meetings with a wide range of industry and other interests; commissioned research and other projects (either direct or though the Hazardous Waste Forum or the Environment Agency).

Sue Doughty

To ask the Secretary of State for Environment, Food and Rural Affairs what limitations on(a) volume and (b) duration apply to on-site storage by producers of hazardous materials before such materials are classified as waste. [156431]

Mr. Morley

The 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."

It rests in the first place with the producer 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.

Whether or not substances, such as hazardous materials, are 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 (ECJ) has issued several judgments on the interpretation of the definition of waste and the meaning of "discard". ECJ judgments are binding on member states and their -competent authorities".

There are no specific limits on (a) volume and (b) duration of storage of hazardous materials to determine whether they have been discarded as waste. However, the long term storage of materials with little intention or certainty of future use, or that no use for the material other than disposal can be envisaged, may be an indication that the material has been discarded as waste.

Where hazardous materials have been discarded as waste, the Government have provided an exemption for the temporary storage of hazardous waste at the place of production in paragraph 41 of Schedule 3 of the Waste Management Licensing Regulations 1994. This allows for the temporary storage at the place of production, pending collection, for a period not exceeding 12 months of: 80 cubic metres of waste in a secure container; or 50 cubic metres of waste in a secure place; or 23,000 litres of liquid waste in a secure container.

Mr. Lindsay Hoyle

To ask the Secretary of State for Environment, Food and Rural Affairs if she will introduce measures to compensate households who suffer noise and smells from landfill sites. [157260]

Mr. Morley

There are no plans to introduce a compensation scheme. Measures are already in place to control noise and smells from landfill sites.

The EU Waste Framework Directive requires member states to put in place necessary measures to ensure that controlled waste is recovered or disposed of without harm to human health and the environment. This is done in the UK by means of a Waste Management licence which is issued and regulated by the Environment Agency. The Environment Agency has a range of enforcement tools which it can use to ensure licence conditions are met.

Also, in order to obtain such a licence for a landfill site, planning permission would be needed which should address the issue of likely nuisance to local residents.