Thinking Outside of the [Cardboard] Box!

After a busy three days at the RWM show with The Skip I thought I would take time this month to reflect on the recurring theme of the questions asked during the show.  Unfortunately for the Environment Agency many of those questions started like “The EA have told me…….are they right?”  I could fill in the gap with a dozen questions, most of which were about my old favourites the Duty of Care and exemptions.  It never ceases to surprise me that the Agency don’t spend more time training officers on the real basics, or is it that there is an underlying dislike of exemptions and a leaning towards permits for every activity?  Ignorance is bliss.  Or is that officers don’t get into the regulations in detail these days, unlike sad people like myself with nothing better to do.  Many officers that I deal with are very knowledgeable but this sort of stuff is so basic that I’m still shocked to see requirements incorrectly quoted without getting the exemption listing out and discussing it with the site operator over a coffee.  After all exemptions are perfectly legal and not loopholes, as I have said many times in the past.

Cardboard quandary!

One of our guests at the show explained that he had a permit and was storing bales of cardboard on permeable ground within the permit boundary for his transfer station.  The inspecting Agency officer insisted that the cardboard should be stored on an impermeable hardstanding in accordance with the permit conditions.  Sadly no one was there to shout “EXEMPTIONS”.  Cardboard storage and baling is also covered by several exemptions, which can be carried out within the permit boundary and do not have to be the same operator as the permit either, as follows:

Exemption T4.- Preparatory treatment i.e. baling, sorting, shredding, pulverising, densifying, crushing or compacting of non-hazardous paper and cardboard.  The waste can be stored prior to treatment (15,000 tonne limit [indoors] for up to 12 months) and is subject to limits on throughput per 7 days’ treatment i.e. 500 tonnes outdoors and 3,000 tonnes indoors.  Treatment and storage must be at a secure place.  The waste must be unmixed if from more than one category in the table so paper and cardboard can be mixed.  If the cardboard is stored outdoors it must be in baled form or in a container and the outdoor storage limit is 1,000 tonnes for 12 months as long as the waste is in an enclosure designed to prevent the escape of litter.  The waste codes permitted are:

03 03 07          mechanically separated rejects from pulping of waste paper and cardboard

03 03 08          wastes from sorting of paper and cardboard destined for recycling

15 01 01          paper and cardboard packaging [from commerce/industry]

19 12 01          paper and cardboard [from waste transfer etc. sites]

20 01 01          paper and cardboard [municipal waste]

So no mention of a concrete hardstanding then. I’ve read the Agency guidance note on this exemption which can be found at the link below and found that it was accurate.  It’s a shame the guidance notes hadn’t been read by the inspector.

T4 guidance link:        http://www.environment-agency.gov.uk/business/topics/permitting/116183.aspx

Exemptions S1 & S2.- The storage exemptions that link with T4 are S1 and S2.   S1 allows the storage of 15 01 01 and 20 01 01 in containers up to 400 cubic metres [max. 20 containers for up to 12 months] prior to recovery elsewhere.  S2 allows the storage of up to 15,000 tonnes of the 5 codes referred to in T4, for 12 months pending recovery elsewhere as long as it is baled, in a container or indoors.  The reference to container in S2  makes S1 pointless though.  The 1,000 tonne limit on external storage in T4 is duplicated for S2.  There are some wastes that have to be stored on an impermeable pavement but not cardboard and paper.  If you are baling on your site you will only need the T4 as the storage and treatment is all within the exemption.

Continuing Competence

Many people asked about technical competence requirements at the show and were thinking of taking their continuing competence test.  I had the pleasure of taking and thankfully passing my test for the treatment and transfer COTCs in September which was trial by 26 multiple choice questions.  It may sound straightforward but before undertaking the test I thought I would try the mock test on the WAMITAB web site, which is available on the following link:

http://www.wamitab.org.uk/useruploads/files/continuing%20competence%20v3.htm

Out of the twenty questions I have to take issue with at least 8 of them for being either confusing, poorly worded and/or not directly relevant to day to day operations.  The same was true of the actual test, with some questions relating to legal matters that have no bearing on the competence of the operator in daily operations.  If we are to have a continuing test please make it 26 questions that test an operator’s general knowledge rather than asking the maximum level of fine in a magistrates court, which if not known is not going to lead to a breach of permit conditions.  I urge you all to take the practice test and e-mail me or call with your views (and score if you’re not shy) as I intend to put those views to WAMITAB shortly.

Please let me know of your regulatory howlers and issues and I’ll hopefully set the record straight.  Many thanks to everyone who visited us at the show and made the three days pass quickly.

Marco Muia BSc (Hons) MSc MCIWM is the Director of Oaktree Environmental Limited. He specialises in all aspects of waste planning and regulation consultancy. He also holds the level 4 COTCs for Hazardous Waste Treatment and Transfer. You can contact Marco on 01606 558833 if you have any questions about this article or e-mail him at marco@oaktree-environmental.co.uk