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Scotland considers “Zero Waste” legislation

Businesses in Scotland could be legally required to provide recycling facilities under a bold new set of legislative proposals unveiled by the Scottish Government today (July 28).

Ministers are seeking opinions from both the public and private sector on a range of measures that will form part of possible legislation to be included in the Scottish Climate Change Bill, which is expected to go to the Scottish Parliament before the end of 2008.

Richard Lochhead is responsible for helping Scotland to work towards its 'Zero Waste' goal
Richard Lochhead is responsible for helping Scotland to work towards its ‘Zero Waste’ goal
The proposals feature a marked focus on the part that businesses and public sector bodies can play in helping the country to reach its ambitious recycling and landfill diversion goals as it works towards a 'Zero Waste' Scotland, and will work alongside the ongoing revision to Scotland's National Waste Management Plan.

Most significantly, both businesses and public sector organisations with operations over a certain size would be required to provide recycling facilities, as well as arranging for and keeping records of the materials collected and when and where they are sent for reuse.

And, any body that failed to comply with the regulations could face penalties or sanctions, with local authorities likely to be given the principle enforcement role.

The consultation also suggests that the regulations could “give local authorities powers to require recycling facilities to be provided in certain locations in private ownership in their areas which regularly attract large numbers of the public, for example, at sports, recreational or entertainment facilities or events.”

Announcing the proposals, the Scottish cabinet secretary for the environment, Richard Lochhead said: “I am also keen to explore the greater role that businesses and public bodies can play in terms of providing recycling facilities, particularly at large public events such as football matches and music festivals – but also at company offices.

“The Scottish government is currently looking at other ways to increase recycling in the workplace,” he added.

If introduced, the measures would represent a significantly stronger stance on non-household recycling than south of the border, and the Scottish government could run the risk of angering businesses who are already suffering in the current financial downturn.

Packaging

The focus on business is continued in the document's proposals for legislation relating to packaging, and in particular the issue of retailers' concentrating on 'back of store' packaging waste, rather than 'front of store' waste in order to achieve their producer responsibilities under the EU Packaging Directive.

As a result, it suggests that regulations could be introduced to set statutory targets on packaging reduction, as well as requiring retailers to provide data on the amount of packaging they use on goods sold to consumers.

And, it again suggests that non-compliance could result in potential penalties or sanctions, with enforcement undertaken by the Scottish Environment Protection Authority (SEPA) or councils.

Further proposals for businesses and public bodies include attempting to promote markets for products made from recycled materials by requiring them to specify a minimum percentage of material made from recyclate in their contract procurement processes.

And, with a view to addressing commercial and industrial waste, the government proposes to require public sector bodies and businesses to introduce waste management plans, encouraging waste prevention and sustainable waste management.

Ambitious

Mr Lochhead explained that the set of proposals reflected the fact that Scotland needed to do more to reach its ambitious target for a 70% recycling rate and landfill rate of just 5% by 2025 (see letsrecycle.com story).

“The time is now right for a major push towards making these targets a reality to help limit the effects of climate change. To do this we must reduce the unnecessary use of raw materials, prevent waste and use more recycling material,” he said.

Figures published in May 2008 indicated that Scotland's recycling rate grew by 4.1% between 2006 and 2007, to 31.2%, leading to questions being asked about just how achievable the government's ambitious targets actually were (see letsrecycle.com story).

Bottles

Away from businesses and the public sector, the proposals focus on the introduction of a nationwide 'deposit and return' scheme for bottles, in an attempt to increase levels of recycling and, more importantly, reuse.

Scotland currently recycles less than 40% of its glass bottles and 35% of household plastic bottles, and Mr Lochhead explained that charging consumers a deposit for bottles that they would be repaid on return could significantly boost rates of reuse and recycling.

“While these figures are undoubtedly an improvement on where we once were, there is still more we can do,” he said.

“A fresh look at deposit and return schemes, including hi-tech 'reverse vending machines' are a real possibility and could double the number of bottles recycled in Scotland. They could also be used for other drinks containers, as well as food tins and aluminium trays from takeaways,” he added.

Milk

Traditionally, reuse of bottles was widespread throughout the UK, from 'deposit and return' schemes for lemonade bottles to return of glass milk bottles to milkmen.

However, these practices have become less common, with glass milk bottles replaced by plastic bottles brought from supermarkets, and the number of voluntary 'deposit and return' schemes steadily reducing.

And, last February, drinks manufacturer Britvic ended its reusable bottle scheme for pubs and clubs, opting to introduce single-use glass bottles instead (see letsrecycle.com story).

Denmark

Some 'deposit and return' schemes do still operate on a small, voluntary scale in the UK, while a statutory system is in place in Denmark, where deposits have to paid on all cans and bottles containing beer, cider, soft drinks, alcopops and energy drinks.

With the system in place, the Scandinavian nation has achieved a return rate of 85% for bottles for recycling, with nearer 100% of bottles designed for reuse returned, and is planning to roll it out to mineral water, lemonade and iced tea from December 2008.

The level of deposit is set by the Danish ministry of the environment, and any similar scheme introduced in Scotland would need to meet EU obligations.

Feedback

Encouraging consultees to offer feedback on the proposed legislation, Mr Lochhead said: “The proposals we are consulting on today could make a real difference in achieving our goals of a 'Zero Waste' Scotland. I want to hear from anyone with an interest in waste and recycling including businesses, public bodies and individual Scots.

“We all have a role to play in ensuring Scotland becomes a cleaner, greener place and dealing with our waste responsibly is a huge part of that,” he added.

The deadline for responses to the consultation is October 6 2008.

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