Transfrontier Shipping targeted by Defra

The Department has launched a second consultation on the controls on the handling, transfer and transport of waste and in particular Duty of Care, which requires those who produce or handle waste to ensure it is handled in a safe and legal way.

The consultation comes in the wake of an earlier first consultation, which generated unanimous support for more stringent penalties against those who knowingly transfer waste which has been illegally imported or exported. Though, it could be argued, the regulations have been clarified rather than altered.

The Environment Protection Act 1990 currently only applies to those who import, produce, carry, keep, treat or dispose of controlled waste without reference to those who export it.

MRFs

Problems in detecting illegally exported waste arise from the fact that, due to no fault of their own, waste may come out of MRFs poorly sorted.

It is then expensive for people to have the waste landfilled or resorted. Therefore, selling onto a dealer becomes a cheaper and more attractive option, although they then may illegally export it.

The report implores people to preserve their Duty of Care and advises people ensure that they work with a registered waste broker or dealer and ensure their waste is physically transferred to a registered waste carrier.

The consultation document said: “The proposal at this time is to introduce a free standing obligation for persons to take reasonable measures to prevent a contravention of the TFS regulations.

“Government will consider with stakeholders in more detail what could be considered as reasonable steps to prevent a breach of TFS controls. Initial discussions with the Environment Agency have highlighted a number of surrounding circumstances that could put a reasonable holder of waste on notice that the waste they are transferring is likely to be exported prior to any further processing,” it added.

A Defra spokeswoman said: “While there are already certain controls around the illegal export of waste, this consultation is the first step towards boosting requirements on producers of waste to ensure that they make reasonable checks that their waste will not be illegally exported further down the waste management chain.”

“It is aimed at tightening up the duty of care while modernising and updating the controls on waste which have been in place since the early 90s,” she added.

TFS waste is not entirely undetectable and the existing Transfrontier Shipment of Waste Regulations has led to prosecutions against those deemed to be illegally shipping waste, such as Grosvenor Waste Management (see letsrecycle.com story).

The closing date for responses to the consultation is Monday 8 September 2008.