SWR5B

Response to the consultation on the Proposed Shipment of Waste for Recovery (Community Involvement in Arrangements) (Wales) Measure

Supplementary evidence for the Environment Agency Wales (received 8.10.09 following their appearance at LC1 Committee on 1.10.09)

Thank you for the opportunity to give evidence and to provide supplementary information.

We support the principles of the measure and its aims to provide transparency on final destinations of recyclate as this may provide a stimulus to provision of new recycling facilities in Wales.

There are significant practical difficulties for the local authorities (LA) to obtain the information required in the draft measure, specifically on:

- apportionment of a specific local authority’s recyclate within bulked up materials both in the UK and exported for reprocessing to non EC and EFTA countries

- reject rates from recovery facilities and proportions of waste sent for onward disposal in non EC and EFTA countries

- time lag and difficulties of incorporating these requirements within pre-existing contracts with waste brokers and contractors

- The variety and small proportion of materials collected for recycling which are exported outside the EC and EFTA make tracking of final destinations very complex, especially where there are no contracts in place (e.g. textile recovery by charities)

We would like to see the focus of policy and effort on waste export for both LA’s and EA moved upstream to consider collection and treatment of recyclate. This is to ensure a high standard for these materials is met so that the recyclate is capable of being fully recovered and reducing the likelihood of onward disposal or illegal waste management, rather than simply a focus on final destination of waste.

Dr Cathy O’Brien Mrs Nadia DeLonghi

Policy and Strategy Manager Policy and Strategy Manager

(Waste Strategy) (Waste Regulation)

Supplementary Responses.

In giving evidence to the Committee, you suggest that the Proposed Measure may be too narrow in focus since it would result in local authorities having only to publish information about recyclate shipped outside the EC and EFTA. Can you expand on this? In what way(s) would you like to see the Proposed Measure broadened?

Overall, we would prefer the proposed measure to apply to all waste types. The current proposal would only impact on a very small percentage of municipal waste which is in itself only about 10% of the waste produced in Wales. But we recognise that this broadening would not be possible under the Local Authorities LCO and would require delay until the Environment LCO was in place and we recognise the potential difficulties to obtain this broader information.  

However if the measure proceeds as a requirement for municipal waste only, then we would prefer that it applies to all municipal wastes recycled to enable the public to see where all the materials that they put out for recycling are reprocessed. This would provide a proper context in relation to shipments to non EC and EFTA countries. More complete information to the public would reduce urban mythology on the destinations of the materials collected for recycling and potentially avoid adverse media coverage that may pertain if only the materials exported for reprocessing to non EC and EFTA countries are publicised. This could be reviewed in future to see if it needs to be expanded e.g. through the Environment LCO.

You have suggested that most local authorities know the destination of their waste. However, you go on to raise concern that local authorities will find it difficult to meet the requirements of section 55A(5). Can you clarify that it is the level of detail required under the Proposed Measure that local authorities would struggle to provide?

In relation to compliance with the proposed section 55A(5) the local authorities will struggle to provide the detailed information required by subsections (a), (b), (d), (e) and (f) because:

• subsection (a): where materials have gone through a facility which handles more than one authority’s waste, this casts doubt on which authority the waste exported came from and how to apportion the exported consignment between those authorities

• subsections (b), (d) and (e) require information on how much material was subject to the recycling process abroad or subsequently disposed. There is no specific requirement in current legislation to obtain this. It is assumed that under compliance with the Transfrontier Shipment of Waste Regulations, Green List recyclate is of a good enough quality to be fully recovered, so the proportion of materials from reprocessing facilities that are disposed of is quite low and derived from many sources of waste input to the facility. This would be a considerable burden on the receiving plant to supply, with only contractual requirements to underpin the provision and there is little prospect of any verification of information provided.

• Subsection (f) requires information on the location of all of the operations. Provision of this information may be difficult if the materials go through brokers in the destination country, where it would be mixed with materials from other sources and sent to various final destinations.