Both OSS Group Ltd and Solvent Resource Management Ltd were attempting to stop the Environment Agency from categorising their fuels as waste. Because the material is counted as waste, it becomes subject to regulations under the Waste Incineration Directive. These incineration rules are generally stricter than for when non-wastes are burnt.
” Clearly we are disappointed in the result but the judge accepted that he could be wrong because of previous conflicting judgements “
– Andy McNair, OSS
The two companies claimed that their “Clean Fuel Oil” meets the same standard as virgin oil. They were given leave to appeal the decision (see letsrecycle.com story).
Liz Parkes, head of waste regulations at the Environment Agency, explained: “If OSS and SRM were allowed to reclassify certain processed wastes as non-waste, this would have allowed material to be burnt as fuel without the checks and balances that are stipulated under the Waste Incineration Directive (WID). We feel that the stringent criteria under the WID for any process which burns waste, is an important factor in minimising risks to the environment and human health.”
Ms Parkes added: “This is a very complex area of environmental law, and although we have taken great care to adopt an appropriate position, that position has attracted criticism. We are therefore very pleased that our understanding of the law has been supported by the Court, and in the clearest of terms.”
Less attractive
OSS has said that by classifying the product as a waste, customers using it must meet environmental legislation for the handling of wastes. The company has also claimed that this makes it less attractive to use than virgin fuel.
After the case Andy McNair, managing director of OSS Group, said: “Clearly we are disappointed in the result but the judge accepted that he could be wrong because of previous conflicting judgements. He has therefore given us permission to go to the Court of Appeal where the matter will be decided by three judges.
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“If we are not successful in our appeal then we may have to cease production of CFO.
However, without CFO we still do have a viable business provided we can successfully diversify and concentrate on our hazardous waste collection service and other aspects of our business. Such steps will help us minimise any possible job losses,” he added.
Solvent Resource Management was unavailable for comment at this time.
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