protection of the environment operations waste regulations

New Strict Waste Tyre and Asbestos Requirements from 1 July 2015

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On 1 July 2015, new monitoring and licensing requirements commenced for waste tyres and asbestos waste within New South Wales. Consignors, transporters and occupiers of premises that receive waste tyres and asbestos waste should now be paying particular attention to these new reporting requirements and taking necessary steps to ensure they are not prosecuted by the Environmental Protection Agency (EPA).

The additional monitoring requirements is implemented and carried out electronically by way of the online tracking system.

Waste tyres

From 1 July 2015 new restrictions on the transporting and licensing of storage and process facilities for waste tyres commenced.

The requirements apply to all loads of waste tyres greater than 200 kilograms or more than 20 waste tyres that are not covered by Part 4, or transported in an emergency or before 1 July 2015. Further exemptions may also be granted by the EPA under Part 9.

Waste monitoring and licensing requirements only apply to waste tyres transported within NSW.

Under the 2014 Regulations a number of involved parties in the waste tyre industry must supply information as follows:

Consignor (to EPA)

  • the name, address and contact details of the consignor
  • the name, address and contact details of the premises from which the load is proposed to be transported
  • the date on which it is proposed that the transportation commence
  • the name, address and contact details of the premises to which the waste tyres are proposed to be transported
  • the weight (in kilograms) of waste tyres in the load
  • the number of tyres in the load if the weight of the load is less than 200 kilograms
  • any other information specified in the Asbestos and Waste Tyres Guidelines.

Consignor (to transporter)

  • the unique consignment code issued by the EPA in relation to that load and
  • any other information specified in the Asbestos and Waste Tyres Guidelines.

Transporter (to EPA)

  • If the premises to which the load is delivered (the receiving premises) are not the same as the premises specified by the consignor, the transporter must ensure that the EPA is given the name, address and contact details of the receiving premises (in the prescribed form and manner) within 24 hours after the delivery.

Transporter (to occupier of receiving premises)

  • the unique consignment code issued by the EPA in relation to that load, and
  • any other information specified in the Asbestos and Waste Tyres Guidelines.

Occupier of receiving premises (to EPA)

  • the date and time of delivery
  • the weight (in kilograms) of waste tyres in the load (rounded to the nearest kilogram and, if the amount to be rounded is 0.5 kilogram, rounded up)
  • the number of tyres in the load if the weight of the load is less than 200 kilograms
  • any other information specified in the Asbestos and Waste Tyres Guidelines.

Non-compliance with the above reporting requirements may result in a maximum penalty of $22,000 for corporations and $11,000 for individuals. The prescribed manner and form of the above information is to be made available in the Asbestos and Waste Tyre Guidelines on the EPA website.

Licensing thresholds for waste tyres have been reduced.

Hardline taken in relation to waste tyres

The waste tyre monitoring requirements, in addition to the reduced licensing threshold, illustrate the EPA’s tough approach toward the waste tyre industry. This comes in response to a recent compliance campaign which identified a number of prevalent industry issues including unlawful transport, storage and disposal of tyres. Recent investigations led to the discovery of 26 unlicensed waste tyre facilities, and 5 unlawful facilities which were closed. The ‘NSW Waste Regulation Cost-benefit Analysis’ prepared by the Centre for International Economics (October 2014) found the destination of more than 60 per cent of waste tyres across Australia is unknown and the estimated annual clean-up costs associated with illegally dumped tyres could be up to $3.23 million per year. Health risks are also caused by waste tyres by way of tyre fires and mosquito-borne illnesses.

Asbestos

Similar to waste tyres, a new monitoring and reporting system for asbestos waste commenced on 1 July 2015.

The requirements apply to all loads of asbestos waste greater than 100 kilograms or more than 10 square metres of asbestos waste that are not covered by Part 4, or transported in an emergency or before 1 July 2015. Further exemptions may also be granted by the EPA under Part 9.

Waste monitoring requirements only apply to asbestos waste transported within NSW. Under the 2014 Regulations a number of involved parties in the asbestos waste industry must supply information as follows:

Transporter (to EPA)

  • the address of the site at which the asbestos waste has been generated (by its removal from the site), if known to the transporter
  • the name, address and contact details of the premises from which the load is proposed to be transported
  • the date on which it is proposed that the transportation commence
  • the name, address and contact details of the premises to which the waste is proposed to be transported
  • the approximate weight (in kilograms) of each class of asbestos waste in the load
  • any other information specified in the Asbestos and Waste Tyres Guidelines
  • if the premises to which the load is delivered (the receiving premises) changes the transporter has 24 hours to notify the EPA of this change.

Transporter (to occupier of receiving premises)

  • the unique consignment code issued by the EPA in relation to that load,
  • any other information specified in the Asbestos and Waste Tyres Guidelines.

Occupier of receiving premises (to EPA)

  • the date and time of delivery,
  • the approximate weight (in kilograms) of each class of asbestos waste in the load (rounded to the nearest kilogram and, if the amount to be rounded is 0.5 kilogram, rounded up),
  • any other information specified in the Asbestos and Waste Tyres Guidelines.

Transportation and reporting must be in accordance with the Asbestos and Waste Tyre Guidelines which are available on the EPA website. Consignors are not involved, unlike for waste tyres. Asbestos includes both bonded and friable asbestos.

Non-compliance with the above reporting requirements may result in a maximum penalty of $22,000 for corporations and $11,000 for individuals.

Changes to increase EPA oversight of lifecycle of asbestos waste

The reporting requirements aim at providing the EPA with increased oversight of the removal, transport and disposal of asbestos waste. These changes come following a number of high profile asbestos dumping incidents heavily covered by the media. However, the precise quantity of illegally dumped asbestos is not known but estimated to be up to 30 tonnes per annum. The Centre for International Economics admits that the full extent risk posed to the community is also not well understood.

The additional information will provide the EPA with data regarding asbestos waste gathered at the point of removal and disposal, and allow it to identify any illegal dumping that may be occurring along the way.

Operators dealing with tyre and asbestos waste be aware

The new regulations in relation to tyre and asbestos waste have now commenced. Consignors, transporters and occupiers should now be aware of and comply with their respective reporting obligations so as to avoid risk of prosecution by the EPA.

Further reading about the 12 areas of staged change to the NSW Protection of the Environment Operations Waste Regulations.

New Waste Tracking Requirements from 1 March 2015

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There are 12 new New South Wales Protection of the Environment Operations Waste Regulations.

Part 5 of the 2014 Regulations commenced on 1 March 2015. Part 5 restricts consignors of waste from sending waste generated in the NSW metropolitan levy area to unlawful interstate waste facilities through implementing new waste tracking requirements. Part 5 applies to waste that has been generated in the metropolitan levy area and transported to an interstate waste facility. Waste tracking requirements now extend to include the transport of non-hazardous waste.

Exempt waste

Waste is exempt from Part 5 if it falls into any of the following categories:

  • Transportation of less than 10 tonnes of waste
  • Transportation of waste related to a scheduled activity – (this waste is regulated by Part 4 of the 2014 Regulations)
  • Transportation of liquid waste
  • Transportation of special waste that would be liquid waste if not for the definition of liquid waste in Part 3 of Schedule
  • Transported in an emergency
  • Transportation by pipeline
  • Transportation in accordance with a product recall
  • Transportation of waste from NSW that commenced before the commencement of Part 5.
  • If the EPA grants an exemption under Part 9.

Transporting waste to interstate unlawfully

If a consignor transports waste to which Part 5 applies to an interstate waste facility that cannot lawfully receive the waste, the consignor faces maximum penalties of up to $22,000 for a corporation and $11,000 for an individual.

New reporting requirements

The consignor of the waste must provide the following information to the EPA within 3 days of the transportation of the waste commencing:

  • Name, address and contact details of the consignor
  • Name, address and contact details of the premises the waste was transported from
  • Date on which the waste was transported from the facility
  • Name, address and contact details of transporter
  • Mode of transportation
  • If transported by motor vehicle, the registration number of the vehicle
  • Name and address of the interstate waste facility the waste is transported to
  • Type and amount of waste in tonnes

The consignor of the waste must give the transporter of the waste the identifying particulars within 3 days of the commencement of transportation. Details will be provided via the existing EPA online waste tracking systems.

The transporter must notify the EPA in writing, within 4 days of the commencement of transportation, if the consignor has failed to give the transporter the identifying particulars. Non-compliance with the requirements of the consignor or the transporter may result in a maximum penalty of $22,000 for a corporation and $11,000 for an individual.

Changes do not create ‘export permit’ requirements

The EPA has emphasised that the expansion of waste tracking requirements do not amount to an ‘export permit’ requirement. The changes are aimed at ensuring EPA has current, accurate data on the type or the amount of waste being transported to other states. This information is to be used to manage the risk of moving and storing high-risk waste.

The ‘NSW Waste Regulation Cost-benefit Analysis’ prepared by the Centre for International Economics (October 2014) noted that the additional cost to industry for these waste tracking requirements is expected to be negligible as commercial contracting arrangements between waste management parties would necessitate collection of this information. Certainly, the maximum penalties for not complying are not negligible.

Further reading about the 12 areas of staged change to the NSW Protection of the Environment Operations Waste Regulations.

Reduced licensing thresholds for waste activities

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New South Wales has 12 new Protection of the Environment Operations Waste Regulations.

Current operators should be aware of reduced licensing thresholds for waste activities in NSW from 1 November 2014. When any threshold under Schedule 1 of the POEO Act is met, the activity is considered a ‘scheduled activity’ and an Environment Protection Licence (EPL) is required. Reduced licensing thresholds will mean some current waste operators may now require an EPL to continue their operations.  If an EPL is now required as a result of the changes, occupiers of waste facilities have a 9 month transition period to apply for an EPL.

Reduced licensing thresholds for scheduled waste activities

Under the 2014 Regulations, the threshold requirements for non-thermal waste processing, recovery and storage of general waste have been be reduced and brought in line with one another. The amendment reduces the quantity of general waste that can be processed, recovered or stored onsite without an EPL.

From 1 November 2014 waste facilities located within the regulated area will require an EPL that:

  • Process through non-thermal treatment more than 6,000 tonnes of general waste a year or have on site at any time more than 1,000 tonnes or 1,000 cubic metres of general waste
  • If recovery facilities process more than 6,000 tonnes of general waste per year or have on site at any time more than 1,000 tonnes or 1,000 cubic metres of general waste
  • If storage facilities receive more than 6,000 tonnes of general waste per year or have on site at any time more than 1,000 tonnes or 1,000 cubic metres of general waste.

From 1 November 2014 waste facilities located outside the regulated area will require an EPL that:

  • Process through non-thermal treatment more than 12,000 tonnes of general waste a year or have on site at any time more than 2,500 tonnes or 2,500 cubic metres of general waste
  • If recovery facilities process more than 12,000 tonnes of general waste per year or have on site at any time more than 2,500 tonnes or 2,500 cubic metres of general waste
  • If storage facilities receive more than 12,000 tonnes of general waste per year or have on site at any time more than 2,500 tonnes or 2,500 cubic metres of general waste.

Further, the threshold for recovery, non-thermal processing and storage of waste tyres has been reduced to 5 tonnes or 500 waste tyres on site or processing 5,000 tonnes of waste tyres per year, dramatically reduced from the previous amount.

A threshold of 60 tonnes of drilling mud has also been added to the definition of waste storage in clause (42)(3)(b).

Additional waste activities targeted by the EPA

The licensing thresholds have been reduced in response to the environmental risk posed by previously unregulated waste activities. The EPA aims to mitigate those risks, by extending and strengthening its regulatory capacity.

In its consultation process for the new regulations, the EPA received submissions from major waste associations complaining of the poor operations of small, previously unregulated waste facilities. Conversely, local council indicated that too much of a reduction in the thresholds may limit the viability of some of their waste operations and other small waste operators. The new thresholds were formed in response and aim at creating a “level playing field” across the industry.

Further reading about the 12 areas of staged change to the NSW Protection of the Environment Operations Waste Regulations.

Additional Operational Purpose Deductions: Exempt Materials for Road-Making and Infrastructure Works

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New South Wales has 12 new Protection of the Environment Operations Waste ReguRegulations.

1 November 2014 changes are in response to calls from landfill operators that the previous deduction categories were too restrictive. Particularly, they did not encourage use of materials quarried on site or recycled, which would otherwise be suitable for road-making or construction works. Previously only new asphalt or concrete was deductible.

Provided the material sourced complies with engineering and chemical specifications set by the EPA, landfills are now able to build roads or infrastructure without having to pay a levy for that material.

Clarification of resource recovery exemptions

From 1 November 2014 the list of materials eligible for a levy deduction in association with a specific operational purpose will be expanded to include:

  • Materials that meet the specifications in the Waste Levy Guidelines for the purpose of roads (or other construction works of a kind specified in the Waste Levy Guidelines)
  • Tarpaulins and spray on foam for the purpose of daily cover of waste of landfills sites in accordance with an environment protection licence
  • Drainage layer media (having a thickness not greater than 300 mm) placed over landfill base and side liners for the purpose of stormwater management systems

Operational deductions are expanded to include quarried materials onsite, or recycled materials that meet the specifications of the Waste Levy Guidelines that are used at landfills.

As under the 2005 Regulations, applications must still be made to the EPA to receive a levy deduction certificate authorising the levy deduction.

Further, electrical equipment and any other machinery for the purpose of leachate collection systems have been removed from the deduction list.

These amendments provide a table for occupiers of scheduled waste facilities clearly listing the kind of waste acceptable and the operational purpose setting out how that waste must be used to receive the deduction. The additional deductions will provide occupiers of scheduled waste facilities more opportunities to use waste on site and receive deductions from the waste levy.

Further reading about the 12 areas of staged change to the NSW Protection of the Environment Operations Waste Regulations.

Improving Immobilisation of High-Risk Contaminants: Waste Certificates Increase User Confidence

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New South Wales has 12 new Protection of the Environment Operations Waste Regulations.

From 1 November 2014, the Protection of the Environment Operations (Waste) Regulation 2014 (2014 Regulations) will clarify the responsibility of generators and processors of immobilised waste, including recipient landfills.

Immobilisation contaminant approvals

The 2014 Regulations remove general and specific approvals and introduce an immobilised contaminants approval that helps to clarify and strengthen the immobilisation approval framework. Similar to the 2005 Regulations, the EPA may grant an approval, an immobilised contaminants approval, which allows the person granted the approval to classify waste after the waste has been treated and tested.

An immobilised contaminants approval is an authorisation from the EPA for waste to be classified as designated waste after it has been treated with specific techniques. The techniques immobilise contaminants in the waste and specified tests are carried out to determine the extent to which this has occurred. The immobilisation allows for the waste to be used or disposed of in a manner that it could not have been prior to that process. This process is governed by the immobilisation contaminant approval.

If an approval is granted to a specific person that authorises the waste to be taken for disposal, storage or use to a specified waste facility only, that person will be given written notice. All other approvals will be published in the Gazette.

Non-compliance, including record keeping, with an approval is subject to maximum penalties of $22,000 for a corporation and up to $11,000 for an individual.

Designated waste certificates

The major change to this framework is the issuing of designated waste certificates to confirm the waste has been correctly treated for re-use or disposal. Under the 2014 Regulations, people who deal with waste that is subject to an immobilised contaminants approval are required to issue a certificate confirming the waste has been treated in accordance with EPA requirements, before being re-used or disposed.

The penalty for not providing adequate certificates is up to $22,000 for a corporation and $11,000 for an individual.

This amendment requires parties that have an immobilised contaminants approval to provide certificates. Wording of the certificates must take into account the requirements of the 2014 Regulations to ensure compliance.

There is also a requirement for occupiers of waste facilities not to receive any unauthorised designated waste. This also carries a heavy penalty.

Immobilisation orders

The 2014 Regulations grant the EPA power to impose requirements on occupiers of waste facilities through the creation of an immobilisation order, a separate document to the above certificate. The orders apply to the operators who store, dispose or otherwise use waste subject to an immobilised contaminants approval. Waste facilities that do not comply with an immobilisation order are liable to penalties up to $22,000 for a corporation and $11,000 for an individual.

Simplified immobilisation of contaminants for all involved

The 2014 Regulations aim to more clearly identify the waste classification and regulatory requirements which apply to each person involved in any stage of the processing of waste subject to an immobilisation approval. In order for someone to dispose or re-use that waste, the new regulations specify the action and treatment to be undertaken.

The introduction of the designated waste certificates will promote confidence for facilities receiving waste and the community at large, that waste subject of an immobilised contaminants approval has been treated appropriately. Immobilisation orders clarify the separate obligations or operational requirements for waste facilities using that waste.

Read more about the 12 areas of staged change to the NSW Protection of the Environment Operations Waste Regulations.

Additional Prescribed Wastes for Land Pollution Offences and a New Defence for Unlicensed Landfills

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New South Wales has 12 New Protection of the Environment Operations Waste Regulations.

Offence

As of 1 November 2014, the offence of land pollution will be strengthened and made clearer through an amendment to the definition of land pollution.

The amendment adds a list of prescribed wastes that will automatically constitute land pollution under the offence of land pollution in section 142A of the Act.

As of 1 November 2014 paragraph (b) of the definition in the Act’s Dictionary will prescribe the following matter:

  1. hazardous waste
  2. restricted solid waste
  3. more than 10 tonnes of asbestos waste
  4. more than 5 tonnes of waste tyres or more than 500 waste tyres.

This amendment will reduce ambiguity and send a clear message to polluters through the high penalties of up to $1,000,000 for a corporation (plus continuing penalties of $120,000 a day for continuing offences) and up to $250,000 for an individual (plus continuing penalties of up to $60,000 a day for continuing offences).

The definition takes a particularly strong approach to the dumping of tyres. Originally, the draft regulations had proposed the land pollution offence to cover 100 tonnes or more than 10,000 tyres. However, the Government responded to feedback that those amounts were too high and did not reflect the risk posed by tyre dumping, by greatly reducing the threshold.

Defence for unlicensed landfills

The 2014 Regulations introduce a new defence to the land pollution in conjunction with s142E of the Act and clarify the required ‘operating requirements’ to fall under this defence. All unlicensed landfills will need to meet the minimum standards prescribed by the 2014 Regulations in order to rely on the defence and avoid prosecution. The operating requirements include taking all reasonable steps to:

  • Minimising odour or offensive noise beyond the boundaries of the landfill site
  • avoiding discharges from the landfill site causing water pollution
  • maintaining plant (used for moving, disposing, controlling pollution)
  • securing the site against uncontrolled public access
  • minimising the emission of dust beyond the boundaries of the landfill site
  • minimising the tracking of dust or mud from the site on to any public road
  • minimising the risk of fire at the landfill site.

Additionally, asbestos waste and clinical waste is to be managed in a prescribed manner. The introduction of the defence and minimum standards aims to improve operational practices and reduce environmental risk of unlicensed landfills. This more prescriptive regime under the 2014 Regulations creates potential for increased prosecutions of unlicensed landfills due to the current varying standards across the NSW industry. All unlicensed landfills will need to assess their current practices to ensure compliance with the prescribed minimum standards.

Read more about the 12 areas of staged change to the NSW Protection of the Environment Operations Waste Regulations.