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ONE of the themes for this month's issue is transport, and in keeping with this it is only right to point out this is another heavily regulated area of the sector. I can recall in the past as a newly qualifi ed lawyer, having to prosecute cases against companies and individuals for breach of tachograph off ences brought by the then Regulator North West Traffi c. I used to drive up and down the M6 to various magistrates' courts to prosecute drivers and haulage operators, before I resolved to only defend clients in the future! Seriously though, in the waste industry there are already quite suffi cient distinctions between types of waste collection and its transport, depending entirely on the type of waste involved.
Specialist treatment
A recent review of current recycling deals suggests hazardous and industrial waste in particular could account for a lot of activity in the future. Even where most of the waste is not recyclable, it still needs specialist treatment before going to landfill. Waste Operators already have to contend with the proper disposal of a broad range of recyclables: from electronic equipment and waste batteries to scrap cars - along with waste oil collections and the subsequent truck transport to waste-oil recycling facilities.
One growth area will be the rise in electrical car use, which will increase demands for lithium batteries. As the UK
batteries from overseas, the development of methods
to recycle battery materials will no doubt increase.
22 SHWM October, 2018 cannot continue to buy
THE RIGHT SIDE OF THE LAW
Ignoring carrier checks is the road to ruin for waste recycling operators
WASTE lawyer DOMINIC McNABB is an experienced solicitor in private practice with MJP solicitors. He has more than 20 years of experience defending both individuals and companies, in both criminal and regulatory legal-related matters.
CALL NOW: 07733 264226
dominic.mcnabb@
mjpsolicitors.co.uk
Equally with the recent limit on China’s import of plastics, there should be opportunities for the waste industry to focus on recycling and improving the quality of waste materials to be processed or reprocessed.
The way forward
The facilities may not be up to the task at present, but a commitment to become more self-suffi cient regarding material management is the way forward. On a practical front, it is important operators have information about the qualifi cations of hauliers, and ensure they are covered by a WCL (waste carriers license). It's worth confi rming drivers have appropriate qualifi cations and are licenced to transport baled, recycled and hazardous materials.
Important checks
Equally, good practice and a robust system should mean your duty of care regime includes these important checks on a paper file, and that it is reviewed not just against cost but on expertise. The E.A. estimate for 2014 suggested there were about 200 illegal waste sites handling household and commercial waste in the UK.
It’s always worth checking with the authorities and requesting copies of any relevant documents so the
operator can be crystal clear about the conditions on a permit, or the terms of an
exemption. If not, then they could be carrying out an illegal activity (perhaps even through a lack of information).
Carrying out third party checks to confi rm waste is being handled properly (check the EA database) shows a commitment to fi nding out where waste ultimately ends up.
Remember to ALWAYS record this in writing.
One of the important things to also remember is to develop a system which is responsive and can be used to defend against any kind of accusation involving a rogue company.
07733 264226
www.skiphiremagazine.co.uk
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