UK Resilience
Last updated: 10 November 2008
Waste is a generic issue that may arise from the recovery phase of many different emergencies, such as site clearance (9/11 type incident), various CBRN and radiological exercise scenarios, flood events, marine oil spills, and outbreaks of animal and plant diseases such as the 2007 Highly Pathogenic H5N1 Avian Influenza outbreak in Suffolk or Foot and Mouth disease.
Occasionally, waste itself may give rise to an emergency, such as the fire and flood at the Cleansing Service Group (CSG) hazardous waste facility, or as a result of a breakdown in the waste management service, such as the ‘winter of discontent’ strike leading to accumulated and uncollected municipal waste.
The range of waste can be potentially wide and include hazardous and non-hazardous waste, either resulting directly from the emergency or as a result of remediation and clean up following an emergency, e.g. decontamination washings, animal litter from poultry sheds. Contamination of agricultural land and the food chain can also lead to large quantities of waste requiring disposal.
Every effort should be made to minimise the amount of waste and to segregate the types of waste at the source of production. Waste should preferably be stored at the site of production and transported directly to the point of disposal whenever possible.
Information on particular waste management issues is highlighted below. Further information on the waste management and recycling.
Everyone handling waste is subject to the Duty of Care provisions and those transporting waste, which isn't their own waste, are usually required to be registered as waste carriers. The extent to which these requirements might be relaxed (e.g. use of unregistered carriers or use of temporary unlicensed storage sites) in an emergency would be subject to agreement between the appropriate environmental regulator, Defra, Welsh Assembly Government and Scottish Executive in Scotland (as appropriate).
Local authorities (LA, hereafter) have duties to keep public land clear of fly-tipped waste, but neither the LA or appropriate environmental regulator has a duty to clear waste from private land. In the event of an emergency however the appropriate environmental regulator or the LA have powers to enter land under the Environmental Protection Act (EPA) 1990, section 59(7) and clear any waste unlawfully deposited for the purposes of preventing pollution of land, water, or air, or harm to human health. The Act empowers the authority to also take other appropriate steps. A copy of the EPA 1990 can be found on OPSI website.
Under the EPA 1990, section 59(8) the authority (LA or EA) is entitled to recover the costs of operations from any person who deposited or knowingly caused or permitted the deposit of the waste. In the case of an emergency, central Government could elect to re-imburse the authorities for any clearance costs. The Secretary of State or Welsh Ministers also have general powers of direction so it could also elect the environmental regulator to act in certain circumstances.
Local authorities have duties to keep public land clear of fly-tipped waste. The roles and responsibilities for dealing with tackling illegal waste activities and fly-tipping are detailed in the Flytipping Protocol and Welsh Addendum.
Neither the LA or appropriate environmental regulator has a duty to clear waste from private land.
To transport controlled waste, a waste carrier must be registered, under the Control of Pollution (Amendment) Act 1989 and the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991.
The carrier is responsible for ensuring that they are registered and the holder is responsible under the duty of care for ensuring that waste is transferred only to an authorised carrier.
The need for guidance on the safe disposal of contaminated waste was identified following the Alexander Litvinenko incident in 2006/07, which resulted in the generation of waste contaminated with a radiological substance. Defra, working closely with the Environment Agency and in close consultation with other Departments and the Local Government Association, has produced this Strategic National Guidance for the safe management of waste arising following a chemical, biological, radiological or nuclear (CBRN) incident. The guidance is not meant to be prescriptive but it is hoped those responsible for planning and preparing for a CBRN incident will find it helpful.
Links to guidance on classification of hazardous waste and on emergencies and grave danger.
Summary of the controls on hazardous waste:
Link to CLG site clearance guidance [External website].
In the absence of similar guidance in Scotland, please contact your local SEPA office for further information.
Premises that produce hazardous waste must be registered with the Environment Agency unless excluded by an exemption. Locations which are not premises (such as parts of the highway where a spillage has occurred or ambulances where waste has been produced whilst treating a patient) do not need to be registered. Guidance on registering as a hazardous waste producer is available on Environment Agency website.
With very few exceptions, a consignment note must be completed to accompany hazardous waste when it is moved from any premises. A consignment note is not required to move hazardous waste from locations that are not premises. Guidance on moving hazardous waste and consignment notes is available on Environment Agency website.
In England and Wales, the principal regulator for the hazardous waste controls is the EA, who can advise on technical issues relating to hazardous waste management. Defra and the Welsh Assembly Government provide the legal framework for the controls. Defra leads on negotiations with other Member States and the Commission.
The Hazardous Waste (Wales) Regulations 2005 apply to Wales of which Part 9 relates to Emergencies and Grave Danger.
In Scotland, hazardous waste is referred to as special waste and SEPA is the principal regulator. Further guidance on the special waste regime in Scotland can be found on SEPA's website:
Extremely large volumes of oily waste (a hazardous waste) can be generated following shoreline clean-up and recovery at sea from a large marine oil spill. The local authority is responsible for the management of waste from the shoreline. The MCA is responsible for the management of waste from off-shore pollutions. The Environment Agency can provide advice on temporary storage arrangements without the need for a waste management licence. Temporary, intermediate and final waste storage sites should be identified in local authority oil spill contingency plans.
There are a variety of treatment and disposal options, depending on the type of oil and contaminated debris, but the availability of suitable permitted sites is limited. Further details of local contractors and disposal facilities can be obtained from the local authority and Environment Agency.
See the MCA Marine Pollution Clean-up Manual on MCGA website.
The MCA (with support from the Environment Agency, SEPA and EHS) has undertaken a project looking at the Development of a Protocol for the Treatment and Disposal of Oily Waste in the UK. The project looked at issues on the management and infrastructure which is in place to deal with oily waste resulting from a marine spill in the UK.
There are four outputs from this project, all of which are available on the MCA website:
Clinical waste is defined in the Controlled Waste Regulations 1992. It means any waste which consists wholly or partly of:
which unless rendered safe may prove hazardous to any person coming into contact with it. And:
Further information can be viewed on Defra website.
Further guidance has been issued by the Department of Health for the safe disposal of clinical waste.
Contact the Environment Agency's National Customer Contact Centre for further guidance on disposal or recovery of clinical waste.
Where it is not possible to specify segregated hazardous waste, all waste must be considered hazardous until revised segregation is introduced.
These kinds of waste are defined in the List of Wastes Regulations 2005. There are separate regulations for England and Wales (Chapter 18s and 20).
Healthcare waste refers to any waste produced by, and as a consequence of, healthcare activities. For the purposes of this guidance, it also applies to offensive/ hygiene and infectious waste produced in the community from non-NHS healthcare sources.
Examples of healthcare waste include:
Householders should contact their local authority to arrange for the collection of bulky items of which they wish to dispose. Local Authorities:
More information on local authority activities can be found at:
As outlined above, LAs will collect bulky household waste. In addition to this disposal route, other routes exist for household items, particularly for furniture that has the potential to be reused. An example is the Furniture Re-use Network (FRN), a national body which supports, assists and develops charitable re-use organisations across the UK. It comprises of some 400 re-use organisations that will collect unwanted, reusable bulky household items. FRN members operate the largest fridge collection service in the UK, collecting over 300,000 fridges a year. More information on the services that FRN members can offer is available on website.
In Scotland, the majority of furniture projects are run by the Community Recycling Network for Scotland (CRNS). There are currently around 60 furniture projects in operation, most of which exist to provide donated furniture at a low cost, or free, to a particular target group, usually to people on a low income. The projects range from ones that are run entirely by volunteers to projects that have over 20 employees and help thousands of people every year. More information on the services that CRNS can offers is available on website.
Controls on ozone depleting substances (ODS) require the disposal of waste fridges and refrigeration equipment in an environmentally sound manner – removal of ODS (including CFCs and HCFCs) from refrigeration equipment before such appliances are scrapped. For further information on the treatment and disposal of fridges (Defra website[External website] and Welsh Assembly Government website[External website]).
Disposal of electrical and electronic equipment must now follow legislation as set out in the WEEE (Waste Electrical and Electronic Equipment) Directive. The WEEE Regulations affect everyone who uses, sells, treats or disposes of WEEE. WEEE is marked with a crossed out wheeled bin symbol, and includes TVs, fridges, washing machines and computers. Householders can:
Further information for householders available on the Environment Agency website.
Information for local authorities on WEEE is available at: Business
Businesses, schools, hospitals, and government agencies, when they dispose of their electrical waste, need to ensure that all separately collected WEEE is treated and recycled. Exemptions from waste management licensing are available for the storage of WEEE, repair/refurbishment of WEEE, and lamp crushing prior to recovery. Further information is available on Environment Agency website.
In the absence of similar guidance in Scotland, please contact your local SEPA office for further information on the WEEE directive regime in Scotland. In addition information can be obtained from website.
The disposal of waste vehicles is governed by the End-of-Life Vehicles (ELV) Regulations 2003 which require operators to hold a site licence if accepting vehicles which have not been depolluted and sets minimum technical standards for all sites that store or treat ELVs.
For guidance on the keeping and treatment of waste motor vehicles and conditions of site licences, see Part VII and Schedule 5 of the End of Life Vehicles Regulations 2003 and the Welsh Assembly Government website.[External website]
The guidance notes linked below, issued by Defra and BERR, describe procedures for the depollution of ELVs. The Guidance for Authorised Treatment Facilities applies to ELV Directive vehicles, that is to say passenger vehicles with no more than eight seats in addition to the driver's seat and goods vehicles with a mass not exceeding 3.5 tonnes.
For these vehicles, last owners can dispose of them at no cost once they are delivered into a vehicle manufacturer affiliated ATF. Manufacturers are required to maintain a convenient network of such facilities
For larger vehicles, and in particular heavy goods vehicles, possible depollution methods are described in the guide Depollution Guidance for End-of-Life Vehicles over: 3.5 tonnes.
A supplement to the current EA Fit and Proper person Guidance for Waste Management Licensing to cover the permitting of end of Life vehicle authorised treatment facilities.
In Scotland, there are separate regulations on the authorisation of the keeping and treatment of waste motor vehicles called the End of Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003.
Further information on the ELV regime in Scotland: SEPA and OPSI websites.
For exotic animal disease outbreaks, Animal Health assumes all responsibility for culling and disposal of affected animals.
In all other cases, responsibility for the disposal of carcases rests with the animal's keeper.
Following flooding incidents carcases can end up in a variety of places including: fields, hedgerows, depressions, towns, roads, canals, rivers, sea, beaches etc.
Where a carcase is deposited on private land, wherever possible the owner of the carcase should be identified and is responsible for the collection and disposal. If ownership cannot be proven then responsibility for disposal rests with the landowner. It can be difficult to identify who owns animals if swept away from farm/holding/home.
Where a carcase is deposited elsewhere, including public land or highways, and ownership of the carcase cannot be ascertained then the local authority is responsible for the disposal.
The Environment Agency will remove a carcase from a watercourse but only if there is a pollution or flood risk and the carcase owner or landowner cannot be identified. Local Authorities (usually Environmental Health) have powers under the statutory nuisance provisions of the Environmental Protection Act 1990 to deal with “accumulations or deposits which are prejudicial to health or a nuisance”. Appropriate action can subsequently be taken against the owner of the carcase.
All such carcases must be disposed of by rendering or incineration. Further details of local contractors and disposal facilities can be obtained from the Local Authority, EA and local Animal Health office. A list of approved premises is also available on the Defra website.
The Secretary of State and devolved ministers have powers under the Animal By-Product Regulations to approve a derogation permitting the on-farm burial of carcases. This derogation may be applied locally, regionally or nationally and may be used to allow the disposal of fallen stock when movement restrictions are in place in addition to the disposal of carcases from animals culled for disease control reasons. This derogation only applies for outbreaks of exotic animal disease and not for other types of emergency.
Further advice on the disposal of animal carcases, is available on Defra and Lacors website. (The latter is a password protected site. Each local authority has its own password).
Further information can be found in the Welsh Assembly Government Framework Response Plan for Exotic Animal Diseases.
A specific and important waste stream arising during flooding are waste sediments. You can store sediments for up to three months, pending characterisation of the waste and then recovery or disposal off site.
Sediments that are obviously contaminated will need to be tested for contaminants (such as heavy metals, oils and other potential toxic elements) prior to disposal. Any sediment identified as hazardous must go to a hazardous waste landfill or to a licensed treatment plant.
Uncontaminated sediments, for example from predominantly rural areas, may be suitable for reuse for agricultural or ecological benefit within the catchment that generated it. They may also be used to repair flood-affected areas or be spread back on to fields within the affected river catchment as soil. Anyone using it or spreading it needs to register this exempt activity with the Environment Agency (this is called a ‘paragraph 7A exemption’). If the sediment is being used within the catchment there will not be a charge for the registration.
Waste milk may arise following an animal disease outbreak or become contaminated following a pollution incident. Milk that is obviously contaminated will need to be tested for contaminants (such as heavy metals, radiation and other potential toxic elements) prior to disposal. From 30 October 2007, any liquid, hazardous or non hazardous, including milk will not be permitted to be disposed of in any landfill site
A ‘paragraph 47 exemption’ under the Waste Management Licensing Regulations 1994, allows uncontaminated milk to be used for the treatment of land used for agriculture if it results in benefit to agriculture or ecological improvement and provided certain conditions are met. Contact the Environment Agency for further details.
The Environment Agency in conjunction with Defra will provide direction on the potential risk proposed by landspreading of milk contaminated by TB or any other disease. Milk should only be disposed of to sewer in consultation with the local Water Company.
Further guidance on the disposal of waste milk can be viewed on the Environment Agency website.
The need for guidance on the safe disposal of contaminated waste was identified following the Alexander Litvinenko incident in 2006/07, which resulted in the generation of waste contaminated with a radiological substance. Defra, working closely with the Environment Agency and in close consultation with other Departments and the Local Government Association, has produced this Strategic National Guidance for the safe management of waste arising following a chemical, biological, radiological or nuclear (CBRN) incident. The guidance is not meant to be prescriptive but it is hoped those responsible for planning and preparing for a CBRN incident will find it helpful.
Responders should take care to minimise the creation of solid and liquid radioactive wastes, and store and dispose of those wastes safely – preventing unnecessary discharges of radioactivity to the environment.
The environment agencies (Environment Agency in England and Wales; SEPA in Scotland; EHS in Northern Ireland) regulate the storage and disposal of radioactive wastes. Contact the relevant environment agency for advice. A statutory authorisation may be required under the Radioactive Substances Act 1993 (RSA93). Some radioactive substances can be disposed of without authorisation provided this is done in compliance with an exemption order under RSA93. Contact the relevant environmental regulator for advice.
Information on keeping, moving and transporting radioactive substances is available in the Health and Safety Executive information sheet – Control of radioactive substances.
Wreck is defined in section 255 of the Merchant Shipping Act 1995 as including "jetsam, flotsam, lagan and derelict found in or on the shores of the sea or any tidal water". For details of how Wreck should be managed, see the Maritime - UK section of the Transport Topic Sheet.
Regarding landfill limits (there are no targets placed on local authorities), we shall maintain waste disposal authorities (WDAs)obligations to limit landfill of biodegradable municipal waste. This is in accordance with national EU landfill directive obligations. The flexibility of the Landfill Allowances Trading Scheme (LATS) allows WDAs to avoid penalties by purchasing necessary allowances to landfill or borrowing allowances from their next year's allocation.
Defra will take account of local circumstances when assessing waste management performance.
Trading does not apply in Wales where the Landfill Allowance Scheme is in operation.
Covered above as appropriate.
Local authorities have a responsibility in respect of public land.
The Environment Agency have a wide range of regulatory duties related to waste management including storage and disposal. They would advise on steps to prevent environmental impact and liaise with partner responders to protect human health. In relation to waste management issues, the Environment Agency will:
Defra is the lead Department on waste matters including the extent of local authorities waste collection and disposal functions relating to municipal waste and exercise of the Secretary of State's powers. In Wales this function is carried out by the Welsh Assembly Government and Welsh Ministers.
Defra (through its Executive Agency, Animal Health), has a lead responsibility in respect of disposal of animal carcases culled as part of an exotic disease control operation.
The Regional Resilience Team in the relevant Government Office will normally provide the conduit for communication with Defra, or else responders can contact Defra directly (see contacts below).
Food Standards Agency has a role in advising the Recovery Co-ordinating Group on the safe disposal of food. This is to ensure that any food not acceptable for consumption is safely disposed of to prevent it re-entering the food chain.
As England in the main, although Welsh Assembly Government would take lead role instead of Defra.
Contact the Scottish Environment Protection Agency
Contact the Environment and Heritage Service
Defra would fund disposal of animal carcases culled by Animal Health as part of an exotic disease control operation.
The Sustainable Waste Management Grant is a resource that the Welsh Assembly Government provides to all local authorities to improve sustainable waste management in line with the underlying aims of the national waste strategy for Wales as set out in Wise about Waste (June 2002).
The targets intend to ensure that Wales meets its obligations under the EC Landfill and other waste related Directives together with the underlying statutory requirement on the National Assembly to promote sustainable development.
The following link provides information on grants and funds that can be aimed at improving waste management.
They cater for all manner and size of businesses, community groups, local authorities and other organisations:
See also the funding pages for the Welsh Assembly Government Waste Unit.
The Minister for Environment, Sustainability and Housing would have to consider emergency funding on a case by case basis within the ministerial powers given under the Government of Wales Act 2006 which gives broad powers and the Environmental Protection Act 1990 which gives narrower powers.
Information on local and national funding sources in Scotland can be found using the following link to the SEPA website.
Funding for general waste disposal falls to district councils and the Department of the Environment (DOE). Financial responsibility for specialist types of waste disposal lie with the producer of the waste or the relevant public body.
General Enquiries: Defra Helpline: 08459 33 55 77
Email:helpline@defra.gsi.gov.uk
Website:http://www.defra.gov.uk/
In an emergency out of hours contact can be made through the DEFRA Duty Room 020 7270 8960.
Contacts in local Animal Health offices can be found at: Animal Health District Offices
General Enquiries: 08708 506 506 (Mon-Fri 8-6)
Enquiries (non-UK calls): 00 44 1709 389 201 (Mon-Fri 8-6)
For the hard of hearing a minicom service is also available by calling 08702 422 549.
Email:enquiries@environment-agency.gov.uk
Website:http://www.environment-agency.gov.uk/
In an emergency: 0800 807060 (Freephone* 24 Hour, to report an environmental incident)
Hazardous Waste Registration number: 08708 502 858 (Mon-Fri 8-6)
(Any enquiries regarding Hazardous Waste Registration)
Agricultural Waste Registration: 0845 603 3113 (Mon-Fri 8-6)
(Any enquiries regarding Agricultural Waste Registration)
Floodline: 0845 988 1188 (24 Hour)
(Information about flooding)
SEPA Corporate Office: 01786 45 77 00
Website:http://www.sepa.org.uk/index.html
SEPA Offices:http://www.sepa.org.uk/contact/index.htm
Floodline: 0845 988 1188
Pollution Hotline: 0800 80 70 60
Emergency help: 999 and ask for coastguard
Accident Prevention: 02380 329 323
Civil Contingency: 02380 329 487
Coastguard rescue: 02380 329 487
Contingency Plans – ports and harbours: 02380 329 525
Counter pollution and response: 02380 329 544
Hazardous substance spill: 02380 329 407
Information Line: 0870 600 6505
Waste Disposal: 02380 329 503
General enquiries: Cabinet Office, 22 Whitehall, London SW1A 2WH.
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