The Landfill (England and Wales) Regulations 2002

These Regulations set out a pollution control regime for landfills for the purpose of implementing Directive 99/31/EC ("the Landfill Directive") on the landfill of waste in England and Wales. Landfills have previously been subject to either the Waste Management Licensing Regulations 1994 or the Pollution Prevention and Control (England & Wales) Regulations 2000.

Regulation 5 requires planning authorities to take the location requirements of these Regulations into consideration when granting planning permission. Regulation 6 amends the Pollution Prevention and Control (England & Wales) Regulations 2000 so that all landfills covered by the Regulations are Part A(1) installations, and as such require a permit under the Regulations.

Part II deals with conditions to be included in landfill permits. The Environment Agency is required to classify landfills for hazardous, non-hazardous or inert waste.

The regulations make it an offence where waste is accepted contrary to the requirements that apply directly to landfill operators.

These regulations also amend the Environmental Protection (Duty of Care) Regulations 1991, which impose requirements to document transfers of controlled waste, to add a requirement to identify the waste by reference to the appropriate category in the European waste catalogue. Transfer notes are now required to state standard six figure EU waste codes. This provision came into force on 31st August 2002.

Schedule 4 contains transitional provisions for existing landfills. It sets up a procedure for operators of landfills that will remain operational after 16th July 2002 to bring their operations into compliance with the relevant requirements of the Regulations. Sites that cannot comply will be closed down. The remainder will be granted new permits in accordance with these Regulations, within a transitional period up to 31st March 2007.

Wastes banned from landfills for hazardous waste from 16th July 2002 are:

• Any hazardous waste in liquid form (including waste waters but excluding sludge)
• Waste, which in the conditions of landfill is corrosive, oxidising, highly flammable or flammable
• Hospital and other clinical wastes arising from medical or veterinary establishments which are infectious
• Chemical substances arising from research and development or teaching activities, such as laboratory residues, which are not identified or which are new and whose effects on man or the environment are not known
• Any other waste which does not fulfil the relevant waste acceptance criteria for the site
  Waste which has been diluted or mixed solely to meet the relevant waste acceptance criteria for the site

From the 16th July 2003:

• Any waste in liquid form
• Whole used tyres (other than tyres used for landfill engineering, bicycle tyres, and those with an outside diameter above 1400mm)

From the 16th July 2004:

• All waste being deposited at the site must be pre-treated
• No co-disposal i.e. no non-hazardous or inert waste with hazardous waste

Please note: These statements are for your assistance and may not be complete for your company’s particular circumstances. If in any doubt you are advised to consult your local Groundwork office or the Environment Agency to ensure that any action you take is within the law.

Environment Agency:
Northwest Regional office (Warrington) – 01925 653 999
Sub-regional offices:
Northern area office (Carlisle) – 01228 25151
Central area office (Preston) – 01772 339882
Southern area office (Sale) – 0161 973 2237