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I WAS hoping to remain on theme this month with Skip Hire & Waste Magazine’s Wood Recycling feature. With wood on the mind, I came across the guidance documentation from the Open Government site and to my surprise the Regulatory Position Statement (RPS) 207, which concerns waste wood, had been updated on the 21st September 2018. It describes itself as “Classifying waste wood from mixed waste wood sources” and as operators may be aware if the conditions are followed it allows operators to not have to apply for hazardous waste classifi cation for treated or mixed waste wood. It applies to businesses who produce waste wood that are involved within the transportation of the material, keep waste wood on site, process and control waste wood, and use or dispose of waste wood.
Defi nition of waste wood
For the purposes of the RPS, waste wood is defi ned as any processed wood or wood fuel contained in any quantity wood that’s preserved, varnished, coated, painted, or exposed to chemicals.
sleepers, telegraph poles, and wood treated with creosote.
It does not apply to waste wood already classifi ed as hazardous like railway
It applies if the waste wood is destined for an Industrial Emissions Directive incinerator or the manufacture of board. Any other use of treated or mixed waste should comply with the hazardous waste technical guidance.
THE RIGHT SIDE OF THE LAW
Waste wood RPS updates gives industry till next September to develop code of practice
WASTE regulatory 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.
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Using a RPS has advantages as any waste wood benefitting is not assessed and classified – and no enforcement action follows. The RPS has a year to run and thereafter all unassessed waste wood must be classifi ed as hazardous.
The purpose is to allow the industry to develop a code of practice as approved by the Environment Agency and implement it before the RPS is withdrawn on 30th September 2019. Clearly operators may be making contributions to the consultancy so that a robust code of practice comes into being.
Possibly exemptions
One of the more curious aspects of this is how the present exemptions, which need to be registered with the Environment Agency, impact on this. There are a number of exemptions, but the most obvious – and useful – are the
T6, which allows operators to carry on activities such as wood chipping and shredding, or T8 the collection of timber for a specified purpose. Operators can then extend the storage limitations on this by applying exemption S2. One of the queries here is to what extent this RPS is consistent with the existing exemptions and what approach the EA take over the next 12 months with operators.
Can lead to additional costs
While it’s for the operator to make any assessment on whether permitting or exemption applies this can be an expensive process and if permitting requirements, or the activity, can be completed under the exemption regime, it will requires careful consideration to avoid prosecution. Essentially early advice from the consultants and lawyers is a prerequisite here.
RETRACTION: In October 2018’s edition of Skip Hire & Waste Magazine on page 40, a caption within the RWM Review stated ‘LIEBHERR off ered an up close and personal experience’. This caption was inaccurate as it was not LIEBHERR that were off ering this experience, it was in fact Fireward. The inaccuracy followed on pages 44 and 46 by not identifying that the captured images were due to Fireward taking up a position as an exhibitor for RWM at the NEC on September 12-13. The team at Skip Hire & Waste Magazine would foremost like to apologise to anyone this may have caused an inconvenience to, as it was reported this error caused certain participants to be misrepresented.
22 SHWM November, 2018
www.skiphiremagazine.co.uk
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