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International Review of Waste Management Policy - Department of ...

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719<br />

The introduction <strong>of</strong> this measure in 2013 would give greater certainty that<br />

targets under Article 5 <strong>of</strong> the Landfill Directive – especially for 2013, but also<br />

for 2016 - would be met.<br />

This sequencing would recognise the fact that in the short-term, the potential for<br />

radical change is limited, but that as soon as is prudent, the requirement to pre-treat<br />

waste to ensure that the required stability threshold is met is introduced.<br />

51.5.3 Statutory Instrument<br />

In August 2009, DoEHLG published a Draft <strong>of</strong> a Statutory Instrument the <strong>Waste</strong><br />

<strong>Management</strong> (Food <strong>Waste</strong>) Regulations 2009. Regulation 7 states:<br />

7. (1) Subject to paragraphs (3) and (4) and without prejudice to the power <strong>of</strong><br />

any local authority to provide for additional policy objectives under a relevant<br />

waste management plan or to apply more onerous conditions under a waste<br />

collection permit or under a waste presentation bye-law, a producer shall<br />

ensure, as a minimum, that -<br />

(a) food waste arising on the producer’s premises is source segregated<br />

and kept separate from non-biodegradable materials, other waste and<br />

contaminants, and<br />

(b) source segregated food waste arising on the producer’s premises is<br />

-<br />

<strong>International</strong> <strong>Review</strong> <strong>of</strong> <strong>Waste</strong> <strong>Policy</strong>: Annexes<br />

(i) collected by an authorised waste collector and transferred to<br />

an authorised biological treatment facility, or<br />

(ii) subjected to biological treatment in an authorised facility on<br />

the premises where the food waste was produced, or<br />

(iii) transferred directly by the producer to an authorised facility<br />

for the purposes <strong>of</strong> biological treatment, subject to the producer<br />

being able to produce satisfactory documentary evidence, in the<br />

reasonable opinion <strong>of</strong> the local authority, <strong>of</strong> the acceptance <strong>of</strong><br />

the food waste at the facility.<br />

For the purposes <strong>of</strong> this Regulation, producers are defined under Schedule 1 <strong>of</strong> the<br />

Draft Regulations.<br />

The Regulations are due to come into operation in January 2010, but the Regulations<br />

<strong>of</strong> greatest relevance (including Regulation 7) will take effect from 1 July 2010. These<br />

Regulations are clearly well-intended, but the challenge will be to ensure both that the<br />

roll-out <strong>of</strong> food waste collection is sufficiently rapid, and that the require treatment<br />

capacity will be in place. The latter is the more worrying. In this respect, it is worth<br />

noting that ‘biological treatment’ is defined as:<br />

“biological treatment”, , for the purposes <strong>of</strong> these regulations, refers to -<br />

(a) an aerobic process, or<br />

(b) an anaerobic process, or<br />

(c) any heat induced digestion process

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