Agency issues guidance on reporting final destination of waste

The EA decided in November last year to develop the document in the wake of negative media reports claiming that many councils did not know where their recyclables were going (see letsrecycle.com story).

The note explains that WDAs need to report the final destination of waste handled in the UK via their quarterly WasteDataFlow returns, and that commercial confidentiality is not an excuse to withhold it. For material sent outside of the UK, the facility where it is last processed must be named.

The information is required in order for the Environment Agency to audit the performance of WDAs under the Landfill Allowance Trading Scheme, which sees councils given a decreasing number of allowances to send biodegradable municipal solid waste to landfill each year.

The Agency said: “We require the final facility destination for materials handled in the UK. When recyclates are destined for export we expect that this will be the final reprocessor or Material Recovery facility (MRF) prior to export.”

Confidentiality

The Agency explained that a number of WDAs were currently not supplying final destination information for two reasons: a lack of clarity over their obligations and reasons of commercial confidentiality with their contractors.

However, it claimed that as it already had access to this information, it did not consider details such as name and address of facilities used as being commercially sensitive.

It said: “We do not consider the information sought, namely, the name and address of intra UK final destination facilities, is commercially sensitive.”

“Any business using a company to transfer its waste will need to satisfy itself that it was meeting its s 34 EPA duty of care obligations. The information is recorded in transfer notes which would have to be provided on request to the Agency. Therefore by supplying details through WDF, the company is not giving away information that would otherwise be protected from production,” it added.

Robust 

In the document, the EA said the guidance was intended to ensure the Agency had “robust evidence” to demonstrate that biodegradable municipal waste had been diverted from landfill and that WDAs took “full responsibility to satisfy themselves that not only is their waste being diverted from landfill but that it is being recycled and recovered legitimately”.

It added: “If we find substantive evidence that materials sent for recovery in the UK or abroad by a WDA (waste disposal authority) have not been fully recovered and landfilled instead, the evidence maybe used to inform an adjustment of allowances.”

The full briefing is outlined below:

REPORTING FINAL DESTINATIONS OF MUNICIPAL WASTE

Outcome

The Environment Agency has robust evidence to demonstrate BMW has been diverted from landfill.
WDAs take full responsibility to satisfy themselves that not only is their waste being diverted from landfill but that it is being recycled and recovered legitimately.

Context

The Landfill Allowances and Trading Scheme (LATS) requires the Environment Agency to audit the performance of Waste Disposal Authorities (WDAs). The Environment Agency believes that it can only perform this function effectively by having information about the final destination of the waste. i.e. the name and address of the final destination facility.

This information should be reported through the existing quarterly Waste Data Flow (WDF) return. WDF has the capability to record this information and a number of WDAs are already providing comprehensive final destination details.

The LATS places a duty on WDAs operating under the schemes to submit a report to the Agency detailing the weight of municipal waste sent to waste facilities by the WDA or any Waste Collection Authority (WCA) under its direction. A number of WDAs are not providing final destination details based on two reasons:

1. Lack of clarity on what is required.
2. Unable to report due to claims of commercial confidentiality from their contractors.

Information Required

We require the final facility destination for materials handled in the UK. When recyclates are destined for export we expect that this will be the final reprocessor or Material Recovery facility (MRF) prior to export. There are clearly value for money benefits in WDAs understanding that material exported overseas is being recovered and reaching legitimate destinations. This level of detail is not required under the LATS when our assumption is that material destined for export under green list controls are suitable for recovery.

Inevitably when facilities handle waste from a number of authorities there will be some level of apportionment required to derive a figure for reporting under the LATS. We accept that this will be necessary, however we expect to see that there is a robust system of apportionment in place.

If we find substantive evidence that materials sent for recovery in the UK or abroad by a WDA have not been fully recovered and landfilled instead, the evidence maybe used to inform an adjustment of allowances.

Commercial Confidentiality
We do not consider the information sought, namely, the name and address of intra UK final destination facilities, is commercially sensitive. Any business using a company to transfer its waste will need to satisfy itself that it was meeting its s 34 EPA duty of care obligations. The information is recorded in transfer notes which would have to be provided on request to the Agency. Therefore by supplying details through WDF, the company is not giving away information that would otherwise be protected from production.