In October, SEPA banned the landfilling of waste upholstered domestic seating (WUDs) over fears they contain POPs, persistent organic pollutants (see letsrecycle.com story).
Whilst SEPA said it is necessary to comply with the landfill ban without delay, it will not take any enforcement action in respect of any failure to do so before 31 January 2024.
Guidance
The regulator published guidance soon after the ban, setting out steps operators should take to comply.
The regulator said this week that in the new year, it will publish two RPS documents, seen by letsrecycle.com, relating to storing and shredding WUDs. This sets out ways for operators to avoid enforcement action being taken against them by SEPA if they can’t comply with parts of the guidance.
Both position statements are expected to last for around 18 months after coming into operation and can only be used when agreed in advanced in writing by SEPA.
Storage
The first RPS refers to the storage of WUD’s containing persistent organic pollutants at authorised sites.
SEPA explained that some operators of licenced sites may need extra storage capacity or longer storage times to allow them to continue accepting and storing POPs WUDS.
To avoid enforcement action if going over permitted capacity, SEPA says companies must adhere to the following conditions:
- POPS WUDS must be stored separately from other waste and only store waste within the authorised site boundary
- The waste storage time limit, as specified in the Waste Management Licence, must
not be exceeded for a period of more than 10 days
The regulator outlined that it must be notified without delay an operator cannot comply with the conditions of the RPS.
Records must also be kept showing that the conditions of in this temporary regulatory position statement have been complied with for two years from the date the record was made.
Shredding
The second statement refers to the shredding of WUDs containing POP at authorised sites.
The guidance explains that in order to prepare POPs WUDS for incineration, it may be necessary to shred the WUDS and the shredding process creates the risk of particulate emissions to air, surface water or ground water and contamination of other waste streams.
SEPA said it recognises that in the short term operators of licensed waste management sites which are authorised to shred waste may be unable to fully comply with the criteria related to shredding as detailed in SEPA’s Guidance.
This includes taking place inside a building or under cover, misting or spray system to control particulates, ensuring no unabated point source or fugitive emissions of particulate, take place away from drains and fitted with continuous and alarmed pressure monitoring to make sure the
filters are working correctly.
The shredding RPS outlines that if an operator meets the following conditions, enforcement action will not be taken against it:
- Restricting POPS WUDS shredding solely within the authorized site’s boundaries
- Enforcing interim measures to minimise emissions during shredding and storage of shredded POPS WUDS
- Mandating prompt notification to SEPA at nationalwaste@sepa.org.uk if operators are unable to comply or foresee non-compliance with the conditions
- Maintaining records showcasing compliance with these conditions for two years from the record’s creation, accessible for SEPA’s review upon request
- Acknowledging the potential for periodic review, modification, or withdrawal of this Temporary Regulatory Position Statement
- Granting SEPA discretion to deviate from this statement and take necessary action when shredding or intending to shred POPS WUDS, provided other required consents and permissions are secured
There is no ‘grace period’ for transition and SEPA expects the public and private waste sector to act now
Warning
SEPA warned that unless otherwise specified, there is no ‘grace period’ for transition and SEPA expects the public and private waste sector to “act now to bring its operations into compliance with the guidance or to contact SEPA if a Temporary Regulatory Position is required for storage or shredding”.
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