Comments by Sally Goodman

Sally Goodman - Bureau Veritas HS&E Ltd
Online advisor - 10 posts

Dear Roger,

Under the Duty of Care principles, everyone involved in the waste chain has a duty to ensure that the waste is correctly segregated, stored and disposed of. It is your responsibility as the company who contracts the waste provider to ensure that they are correctly licensed (and don't forget to check the validity of the licence with the Environment Agency) and that they provide you with the correct waste documentation. I would also suggest that you check that the ultimate destination for the waste is properly licensed for the type of waste being sent.

You as Landlord should also be registered with the EA as a broker of waste - even though you do not handle the waste, you are making the arrangements. It would also be advisable that either as part of tenancy contract or more likely as an annual process, that an annual Duty of Care season ticket is drawn up between you (the Landlord) and the tenant that can reinforce the message as to what waste is acceptable and even what bins it should be placed in, which is particularly important if any segregation for recycling is going on. It can also reinforce that no hazardous waste must be put in general waste e.g. batteries, light tubes etc. Such a ticket (which can only last a maximum of one year for same type of waste going in same bin etc.) would also enable your tenant to show compliance with duty of care should anyone ask (local authority, EA or ISO 14001 certification auditor).

In terms of making sure the tenant does not contaminate the waste, it's a question of being able to demonstrate that you have taken all reasonably practicable steps to make sure this does not happen - and keep records to show this. In addition to the recommendations above, I suggest that, if you haven't already done so, you communicate these requirements to the tenant and then carry out occasional audits of the waste skips to check that all is OK. If you see evidence of contamination, you will need to contact the tenant and reinforce the message.

I hope that helps.

Kind regards,

Sally

Sally Goodman - Bureau Veritas HS&E Ltd
Online advisor - 10 posts

Dear Graham,

At present, catering waste containing any animal by-products can be sent to landfill in the normal way and is not explicitly covered by these regulations unless it is being sent for animal consumption, for use in a biogas plant or for composting. This is to prevent the spread of diseases such as foot and mouth. Fuller details are outlined below, and DEFRA might be able to provide a definitive list of substances categorised as containing animal by-products.

However, there is currently confusion regarding ?former foodstuffs?, which were due to be banned from landfill from 1 January 2006, after a U-turn from the EC.

Raw meat and raw fish were banned from landfill under the Animal By-Product Regulations (ABPR) in 2003, but a transition period in the UK was negotiated by the food industry until January 2006 for ?former foodstuffs?. It was expected that wastes from all catering facilities such as restaurants, chip shops, sandwich shops etc. would have to be pre-treated (e.g. by rendering or incineration) prior to disposal at landfill.

The EC subsequently announced a revision of the ban enabling member states to specify which food items would be subject to the landfill ban under the Landfill Directive. Defra has stated that some former foodstuffs, which are classed as 'treated', will not be subjected to the ban. The term 'treated' refers to products and foods which have been treated or pasteurised to a point where they are no longer likely to pose a risk to human or animal health.

The actual products to be classed as 'treated' have not yet been specified, however they are expected to include ready-to-eat food which would capture the majority of former foodstuffs including sandwiches, pastas and pizzas containing meat or fish or any other animal products. It is likely that this would exempt a fairly large proportion of general catering waste.

The following letter has been sent to the EC by Defra http://www.defra.gov.uk/animalh/by-prods/pdf/fflet220705.pdf which seeks clarification on the issue by 31st August 2005. There are likely to be further developments later this year, but at this stage it is not possible to provide guidance. Defra will provide full guidance before the 1st January 2006 deadline once the EC has clarified the situation.

Detailed Information Regarding the Current Situation

Disposal of catering waste is currently covered by the Disposal of Waste Foods: Animal By-Produce Regulations 2003.

These Regulations, which came into force on the 1st July 2003, lay down rules for the collection, handling, transport, storage and disposal of animal by-products which include catering waste and former foodstuffs and other animal waste. They aim to control the risks, including disease, to both animals and the public.

Catering waste means all waste food (including used cooking oils) originating in restaurants, catering facilities and kitchens, including domestic kitchens. The disposal of catering waste is only controlled by the Regulations if you are sending it:

- for animal consumption, or

- for use in a biogas plant or for composting

All other catering waste can continue to be disposed of to landfill in the normal way. However, you must ensure that the waste is stored in covered leak proof containers to which wild animals & birds cannot gain access.

If the catering operation shares premises with another food activity such as retail, bakery, or butchery then the non-catering waste must be disposed of as set out below.

Waste Food originating from retailers, distributors, wholesalers, manufacturers:

The following two categories of food products fall into the lowest category of animal by-product waste, which is Category 3, and so must be disposed of in accordance with the above Regulations.

- Raw meat and fish ? includes meat and fish off-cuts, products that require cooking before consumption, e.g scampi, fish fingers, raw sausages, chicken kiev, bacon. These products must be collected by a licensed carrier and disposed of in an approved manner, e.g. by rendering, incineration, or disposal at an approved biogas or composting plant.

- Former foodstuffs that is, food of animal origin or that contains animal origin ingredients and is no longer intended for human consumption (for example due to commercial reasons, or manufacturing/packaging defects, and also out of date foods). This includes, for example, sliced meats, cooked sausages, pies and pasties, smoked salmon, Parma ham, ready meals with meat or fish, tinned Pasta Bolognese, dried Chicken Noodles and waste from delicatessen counters.

Up until the 31st December 2005 former foodstuffs can continue to be put in with your normal waste collection, but you must separate all raw meat and fish into a different bin. If raw meat or fish is mixed with former foodstuffs than the consignment must be dealt with as Category 3 Material and disposed of by rendering or incineration.

What must I do with waste food that cannot go to landfill?:

Store all waste raw meat and fish separately from other waste.

(From 1st January 2006 this will also include all former foodstuffs.)

Waste Containers: Animal by-product waste must be stored in a clean, lidded leak proof container and must be labelled?Category 3 material? and ?Not intended for Human Consumption?. Storage should not pose a risk of contamination to other foodstuffs, nor be left exposed to animals or wild birds.

Collection must be by a Licensed Carrier (see below for how to find one) and be taken to an approved premise for the correct method of disposal. You may want to work with other local retailers to establish a workable collection route by the same collector. The Licensed Carrier must give you a Commercial Document specifying ?

- the date the material was moved;

- description of the material and the category description;

- the quantity of material;

- place of origin of material;

- name and address of carrier;

- name and address of receiver and approval number (if applicable)

Records As a consignor of animal by-product waste you must additionally keep a record showing (a) (b) (e) & (f) above. Both the Commercial Documents and Records are required to be kept for two years and must be available for inspection by an authorised inspector.

Cleansing & Disinfection: After each collection you must thoroughly clean and disinfect the container.

Emergencies: You are advised to make plans in case of an emergency e.g. a freezer breakdown or product recall when you may have to destroy large amounts of animal by-product at short notice.

What about ?Sale or Return? foods?:

You can continue your normal practices with your supplier. However you cannot use them to dispose of other former foodstuffs (e.g. out of date / damaged canned or dried meat products); they should be collected by a Licensed Carrier, as detailed above.

Do I have to empty food from its packaging before it is collected?:

You should check with your Licensed Collector that they will accept waste animal by-products in its packaging. If they will not, then packaging must be properly emptied before the Category 3 Materials is collected by the Licensed Carrier and the empty packaging is then sent to landfill. Packaging can still be sent to landfill if it contains catering waste or former foodstuffs (for former foodstuffs this will only apply until 31st December 2005).

Where can I get a list of Approved Carriers?:

Details of Licensed Carriers and Approved Premises to transport and dispose of animal by-product waste can be provided by local Trading Standards Service. A list is also available on the Defra website, or by contacting Defra on 0116 278 7451.

Further Information

Envirowise have also published further guidance at http://www.envirowise.gov.uk/envirowisev3.nsf/key/MBEN4PBHR8

Sally Goodman - Bureau Veritas HS&E Ltd
Online advisor - 10 posts

Dear Edward,

We are not familiar with the EN standard but it should not be in conflict with UK legislation.



Basically you have to comply with UK legislation whatever the EN says.



If the EN has additional risk reduction measures in it then it should also be followed so that you can demonstrate that you comply with your obligation under UK legislation (H&SaWA etc).

I hope that helps. If there is anything more specific, please contact me again.

Kind regards,

Sally

Sally Goodman - Bureau Veritas HS&E Ltd
Online advisor - 10 posts

Hi David,

This is a bit of a grey area, as you have recognised. The Environmental Protection Act 1990, defines waste as:

75.?(1) The following provisions apply for the interpretation of this Part.

(2) "Waste" includes?

(a) any substance which constitutes a scrap material or an effluent or other unwanted surplus substance arising from the application of any process; and

(b) any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoiled;

but does not include a substance which is an explosive within the meaning of the [1875 c. 17.] Explosives Act 1875.

(3) Any thing which is discarded or otherwise dealt with as if it were waste shall be presumed to be waste unless the contrary is proved.

Our opinion is that, as the metal has a resale value it should not be considered as waste, see point 3) above. However, the ultimate decision is with the Environment Agency, so to be safe you need to get their opinion on this specific example - but make sure you get it in writing, as verbal answers differ depending on who you speak to in the EA and you should have documented evidence of the decision in case it is questioned in the future, or for auditing purposes.

I hope that helps.

Kind regards,

Sally

Sally Goodman - Bureau Veritas HS&E Ltd
Online advisor - 10 posts

I would agree that is really is best to contact the EA if in any doubt, but would emphasise the need to get their decision in writing, as it is not unknown to get different decisions depending on who you speak to!

Sally Goodman - Bureau Veritas HS&E Ltd
Online advisor - 10 posts

Dear John,

I have had to make some assumptions because of the generic nature of the enquiry. However, taking into account your reference to 'end of life products', one could infer that the products do not therefore have any material value. With reference to the definition of waste in the Environmental Protection Act, 1990, this would imply that a waste carrier's licence would be required:

75.-(1) The following provisions apply for the interpretation of this Part (2) "Waste" includes-

(a) any substance which constitutes a scrap material or an effluent or other unwanted surplus substance arising from the application of any process; and

(b) any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoiled;

(3) Any thing which is discarded or otherwise dealt with as if it were waste shall be presumed to be waste unless the contrary is proved.

For this reason, the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 would be relevant; these state that it is an offence to transport controlled waste in the course of business or for profit unless registered with the regulation authority (Environment Agency). Transporting waste without a valid registration makes the offender liable to a maximum fine of £5,000.

If the contrary were true, then the waste products would have a value determined by the recipient and would not be considered as "waste".

Sorry I cannot be anymore specific than that, it really depends on the nature of the relationship between Panasonic and its recycling company in terms of payments.

If you would like more detailed advice, please don't hesitate to contact me.

Kind regards,

Sally

Sally Goodman - Bureau Veritas HS&E Ltd
Online advisor - 10 posts

Hi Adam,

I have checked with one of my colleagues and he basically enorses the answers provided by Huw Thomas and Rob Alabaster in the Forum. A competent electrician should have as a minimum an HNC or HNC and have passed the 16th Addition Wiring Regs exam.

Kind regards,

Sally

Sally Goodman - Bureau Veritas HS&E Ltd
Online advisor - 10 posts

Dear Yve,

Legislation:

R22 or HCFC 22 is a controlled substance. There are particular restrictions that have been conveniently summarised in the following document:

"Refrigeration & Air Conditioning CFC & HCFC Phase Out" available from the DTi

EC Regulation 2037/2000 imposes the following (in particular reference to your enquiry):

All precautionary measures practicable must be taken to prevent and minimise leakages of HCFC and other ozone depleting refrigerant gases;

Any fixed equipment with a refrigeration fluid charge greater than 3 kg must be checked annually for leakage;

Minimum qualifications will be defined for people who handle refrigerants.

In direct reference:

In reference to charging a system with refrigeration, if there is a known leak, the system should not be charged.

The existing refrigerant should be:

Recovered under controlled means (if any remains in the system);

The leak repaired;

The system evacuated once more to negative pressure to remove any non-condensable gases or moisture;

Charged with an inert gas, typically nitrogen;

System checked for leaks (good practice is to undertake a triple evacuation procedure);

Only when the system is proved free from leaks, should it be re-charged with refrigeration.

In every step of the process, the volume of refrigerant recovered, charged ...etc should be weighed, calculated, recorded and checked against system volume requirements / manufacturer's literature in order to ensure not to over or under charge the system (length of pipe runs have an impact on the amount of charge required).

If the company is indeed charging a system knowingly having a leak then it is in contravention of legislation. Companies have been prosecuted before on this issue.

The employer has employed a specialist contactor to undertake the works, so they (as the specialist) should be operating within the constraints of best practice and legislation. However, the employer should satisfy themselves that the contractor is competent to do the work and this is assumed to be undertaken at the tendering stage of the contract.

I hope that helps.

Kind regards,

Sally