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WHITEMOSS LANDFILL LIMITED WHITEMOSS LANDFILL
WL/WL/SPS/1616/01/17 NOV 1
November 2014 WL_WLp16603
Schedule 1 to the letter to PINS dated 17 November 2014
Comments on the Examining Authority’s draft Development Consent Order and comments made by other parties with respect to the revised draft Development
Consent Order
Comments on the Examining Authority’s draft Development Consent Order
1.1 The applicant provides comments on the substantive changes suggested by the
Examining Authority in the table below. With respect to the minor changes that the
Examining Authority have made the applicant has no comments.
Article (A) Works (W) or Requirement (R)
Suggested Change by the Examining Authority Applicant’s comments
A2 & A4 The definition of maintain does not address the issue of ensuring that maintenance works do not have significant adverse impacts, and in A4 the ExA considers the applicant’s proposed additional text to be potentially confusing in referring to the 1990 Act when this would be development granted by a DCO under the 2008 Act. The ExA’s proposed changes are designed to address these issues.
Noted.
R12 The ExA interprets R12(2) as precluding any water abstraction or mineral excavation below 65m AOD from any of the application land until the mineshafts are located and a stand-off distance agreed.
Noted.
R13 Lancashire County Council has requested an addition to R13 as follows: c) details for the monitoring of groundwater levels around the site during the period of active dewatering including locations and techniques of monitoring, data to be collected and means of reporting monitoring results to the county planning authority including comparison with background pre development levels. The ExA requests comments on this suggested addition.
The applicant does not object to this wording being included in R13 if it is considered necessary by the ExA or the Secretary of State.
R18 Similar clauses have been divided into the structure 1) there will be a scheme to be approved by the LPA ; 2) the scheme will include x, y and z; and 3) the scheme will be implemented as approved (eg R17, R13). It is more consistent to continue that approach, which is the intent behind the ExA’s proposed wording.
Noted.
R23 Applicant’s suggested addition deleted as this appears to be a matter to be covered by the Environmental Permit.
Noted.
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Article (A) Works (W) or Requirement (R)
Suggested Change by the Examining Authority Applicant’s comments
R32 The proposed amendments are designed to ensure consistency of timing between the reviews of waste deposits and the phases of the development and make clear the roles/responsibilities of the applicant and county planning authority. The amended requirement also ensures that an approved scheme must be secured and implemented in the event of a significant shortfall in the quantities of waste accepted at the landfill site during the lifetime of any of the phases of operation, before the excavation of a subsequent phase may be commenced.
Noted. With respect to the comments from the Examining Authority the applicant consider that the excavation of the subsequent phase is the implementation of the amendment. This observation does not change the wording of the Requirement.
Lancashire County Council
1.2 The applicant’s response with respect to the proposed addition to R13 is included in
the table above.
1.3 The applicant has no further comments on the points raised in the letter from
Lancashire County Council.
CPRE
Article A8 Powers to deviate
1.4 As the applicant has explained previously and as the Examining Authority will be
aware Limits of Deviation are provided for in the legislation relating to DCOs to set the
tolerances within which dimensions or distances must be complied with. The applicant
already has provided their comments ‘Limits of Deviation’, most recently on 30 October
2014 (Appendix B) and 11 November 2014 (Paragraph 2.1). It is considered by the
applicant that the ‘Limits of Deviation’ proposed are reasonable in respect of a
proposed landfill development and no changes are necessary.
1.5 Article 20 requires the plans referred to in that article to be submitted as soon as
practicable, the timescale for formally certifying the plans is at the discretion of the
decision maker but should not be unreasonably withheld or delayed. The arbitration
provisions at Article 21 may be used to resolve any delay to the certification.
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1.6 The applicant’s comments in respect of Paragraph 7 are provided under Sub
Paragraph 3 of Paragraph 2.24 of this response.
R12 Treatment of mineshafts and depths of excavation
1.7 For the reasons outlined in the applicant’s submission of 30 October 2014 the
applicant considers that the wording of R12 is appropriate. The wording of R12 has
been agreed with Lancashire County Council.
R17 Temporary stockpiles
1.8 The final soil handling scheme was included with the Statements of Common Ground
with Lancashire County Council and Natural England (Document references
WL/WL/SPS/1616/01 SOCGNE, WL/WL/SPS/1616/01 SOCGNE2 and M11.172(l)
Whitemoss Landfill.G.005S.Agreement of Common Ground with LCC_2014-09-25).
The revisions to R17 have been agreed with Lancashire County Council.
R19 Control of noise and dust emissions during construction and operation
1.9 The use of water sprays to control dust at mineral and waste facilities is a simple
management technique which is proven to be effective and consistent with guidance.
The use of temporary cover also is an accepted practice consistent with the
Environment Agency guidance. Should guidance change in the future operational
practice may need to change. The use of daily cover is an Environmental Permitting
matter rather than a DCO matter.
R29 Wheel cleaning
1.10 The applicant responded in numerous previous submissions on this matter and has
nothing further to add.
1.11 The applicant has responded where necessary to the issues raised in previous
submissions and has nothing further to add. It is noted by the applicant that the
Examining Authority has suggested revisions to R32 on which the applicant and
Lancashire County Council do not object.
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Recent Major Accident Consultation
1.12 The consultation referred to by CPRE is not relevant to the proposed development.
Summary
1.13 The applicant has commented in numerous previous submissions on the matters of
sustainability and Green Belt.
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Schedule 2 to the letter to PINS dated 17 November 2014
Responses to comments from other parties on the Whitemoss 30 October 2014 submission and further hearing submissions
ARROW 16 Need
2.1 As stated previously by the applicant the proposed development has been properly
classified as a Nationally Significant Infrastructure Project under the Planning Act
2008 and given that the application has been accepted for Examination by the
Secretary of State, the Secretary of State is satisfied that the proposed development
is a Nationally Significant Infrastructure Project. This was confirmed by the
Examining Authority in their letter dated 30 May 2014.
2.2 The applicant disagrees with the point in Footnote 1 made by ARROW that ‘the new
operations should give no benefit to the proximity to the current operation’. As stated
in Paragraph A39 of the applicant’s 30 October 2014 submission
(WL/WL/SPS/1616/01/HEARINGS) there is a benefit in the association of the new
area with a pre-existing successfully run waste facility which enjoys a strategically
suitable location.
2.3 The applicant has provided comments on need and waste hierarchy in numerous
previous submissions including the 30 October 2014 submission.
2.4 Comment is made on the WRAP report on waste management costs. The WRAP
report does not provide comparative price data for the disposal and/or treatment of
individual waste types. The report provides an indication of the disposal and/or
treatment prices for a range of wastes and examples are given. The report shows
that the payment of Landfill Tax is an important factor for hazardous waste going to
landfill. Landfill tax currently is £80/tonne. Notwithstanding the fiscal incentive for
waste producers with respect to the management of their waste higher up the waste
hierarchy, The Waste (England & Wales) Regulations 2011 provides a regulatory
basis for the management of waste at the appropriate level in the waste hierarchy
and the appropriate declaration on consignment notes.
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Previous planning permissions
2.5 The applicant provided further information on the background history of the planning
applications for the site in the submission made on 30 October 2014.
2.6 As the Examining Authority are aware, in their submission of 30 October 2014 the
Environment Agency (EA) provided further comments with respect to CRT glass.
The EA confirmed that the safe storage of leaded CRT glass has been and is a
problematic issue at other sites around the country. The EA also confirmed that the
leaded glass treatment process at SIMS failed the commissioning trials and an
alternative recovery outlet has not yet been found.
The likelihood of lower levels of waste being deposited in the future
2.7 As requested the applicant clarified in their 30 October 2014 submission the
restrictions on the waste types which can be accepted at the Minosus facility. The
Minosus facility was initially promoted to accept APC residues from Incineration
plants hence it has limited waste categories included in its Environmental Permit.
From a review of the waste inputs to the Minosus facility to date it can be seen that
over 95% of the waste deposits are APC residues.
2.8 The applicant has provided further comments with respect to Randle Landfill site at
Paragraph 1.3 of the 11 November 2014 submission (WS010003/WLL/HEARINGS
RESPS).
2.9 At paragraph 22 of ARROW 16 it is suggested that the applicant has made an error
in confusing zinc oxide and zinc hydroxide. There is no error or confusion on the part
of the applicant. The guidance on the classification of hazardous waste relies on a
number of reference documents that must be used to support the classification
process. Simply because a compound is not listed in WM2 does not mean that the
substance does not have hazardous properties. There is an obligation to search for
risk phrases for specific compounds being assessed from other appropriate, current
data sources. These data sources include the following legal framework (as
explained in WM2 guidance):
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“(i) Where a substance is listed in Table 3.2 of the CLP you are
legally required to use that classification. You should however take into
account:
- any amendments that have been made to that table by
adaptations to technical progress (ATPs) and corrigendums;
- some entries in the CLP may be incomplete, so use information
from other sources that indicates that additional categories of danger
may apply.
(ii) Where a substance is not listed in Table 3.2 of the CLP you must
determine the classification of the substance using the procedures set
out in the Approved Classification of the Labelling Guide (ACLG). The
use of the REACH registered substances database is indicated by the
ACLG as the source of some of the necessary information. It may be
incomplete so additional information should be considered where
relevant.
(iii) Where the substance is not listed in Table 3.2 of the CLP or
registered with REACH then other data sources will be the principal
source of information as indicated in the ACLG.
There are a number of issues that arise from this
(i) Amendments to the CLP are occurring at a rate averaging more
than once per year. The REACH registered substance database is also
updated frequently. This indicates how important it is that companies
routinely and regularly check any chemical classifications they are using.
An assessment tool is only capable of producing a legally valid
assessment of a waste if it is aligned with all current ATPs. Assessments
based on out-of-date data sources are unreliable.
(ii) If a substance is not listed in Table 3.2 of the CLP this cannot be
taken to mean that is it not a dangerous substance. The law requires
that you classify it in accordance with the procedures set out in the
Approved Classification and Labelling Guide, for example by using the
REACH registered substances database.
(iii) A substance listed in Table 3.2 or registered in the REACH
registered substances database may have additional categories of
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danger not listed there. So these do not exclude the requirement to
consider other reliable sources of data, for example IARC.
Furthermore, Table 3.2 of the CLP is updated from time to time by
means of Adaption to Technical Progress.”
2.10 This guidance is reiterated at point 2 in the Annex to a recent Environment Agency
letter to the waste management industry dated 29 September 2014 (a copy of which
is presented at Appendix A to this submission). In effect the rules for classification
are routinely adjusted to incorporate new advice and information. The applicant
confirms that zinc hydroxide is listed on the current European Registered Substances
Database (which is a database supporting the classification of chemicals including
under the REACH legislation) as having risk phrases R50/R53 which means that
currently mirror entry wastes containing more than 0.25% zinc hydroxide (with due
consideration of any other dangerous substances present) must be assigned the
hazardous property H14 Ecotoxic and classified as hazardous waste.
2.11 It is of note that since the submission of the comments on 30 October 2014, the
Environment Agency on behalf of the Joint Agencies announced on 12 November
2014 the launch of a consultation on Technical Guidance WM3 – Waste
Classification and Assessment. (https://consult.environment-
agency.gov.uk/portal/ho/waste/tech/guidance ). This document is an update of the
existing WM2 technical guidance, incorporating the legal changes to the list of waste
and hazardous waste criteria expected to apply from 1st June 2015. This new
guidance, once issued, will result in yet further changes to the classification of
hazardous waste as a result of the most recent changes in European legislation as
anticipated in the NPS for Hazardous Waste.
Possible use of inert waste for completing the site
2.12 The use of inert waste was suggested by the applicant consistent with the suggestion
by Lancashire County Council in their response to Second Written Question 4.6 in
which it is stated that ‘In such circumstances it would be possible to fill the remaining
void with inert waste thereby ensuring satisfactory restoration profiles’. As confirmed
in paragraph 1.7 of the submissions for the applicant dated 11 November 2014 the
applicant considers that the more likely scenario is a reduction in the depth of the
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excavation of the landfill void rather than the use of a substantial quantity of inert
waste. The reviews will provide for this design concept to be incorporated at an early
stage.
Green Belt
2.13 The applicant has made numerous previous submissions with respect to Green Belt
including further comments with respect to harm on openness at Paragraph 1.5 of the
applicant’s 11 November 2014 submission. The applicant has nothing further to add
to its previous submissions.
Timescale to reach the post operational phase
2.14 Environmental risks and the associated maintenance or operational requirements
clearly are matters addressed the Environmental Permit. As the applicant has
explained in previous submissions it is stated in the Hazardous Waste NPS that the
Environment Agency and the Secretary of State should work on the assumption that
the relevant pollution control regime will be properly applied and enforced. In
paragraphs 28 and 29 ARROW are questioning the design basis on which almost all
landfills for non-inert waste in the UK have been developed and which have been
accepted both in planning and Environmental Permitting terms.
2.15 The mechanism, method and timescale over which financial provision should be
made are matters to be agreed with the Environment Agency as part of the
Environmental Permitting regime. The financial provision must be sufficient to
discharge the conditions of the Permit. In accordance with guidance provided by the
Environment Agency the initial period of financial provision must be 60 years
although at any point in the aftercare period the financial provision must be sufficient
to discharge the conditions of the permit for a timescale agreed with the Environment
Agency.
Other hazardous waste sites with mineshafts
2.16 As the Examining Authority will be aware the applicant provided further information
with respect to Himley Landfill Site in the 11 November 2014 submission. Copies of
the planning permissions for the site were included at Appendix D of the submission.
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The applicant confirms that both Himley Landfill Site and Bryn Posteg Landfill Site
were constructed over mine shafts.
2.17 At Appendix B to this submission further information is provided with respect to
Himley Landfill Site including drawing reference HCDCT/H1 which shows the
positions of the recorded mine shafts at the site and an aerial photograph of the site
taken from Bing Maps which shows the development of the landfill site. It is clear
that the landfill site has been constructed over a number of mine shafts. The aerial
photo shows the location of a newly constructed landfill cell in the south western
corner of the site which is located over 2 mine shafts. Himley Landfill Site can accept
stable, non reactive hazardous waste as evidenced by the extract from the Cory
Environmental website included at Appendix B.
2.18 At Appendix C further information is provided regarding the Bryn Posteg Landfill Site.
The drawings provided are from the hydrogeological risk assessment report. From
the cross section (Figure 7) it can be seen that shafts are located in the area of Cells
6 and 7 and 3 to 5. The area of cells 6 and 7 and 3 to 5 are shown on Figure 9.
From the aerial photograph the development of the landfill into the areas of the site
where the shafts are located can be seen.
2.19 The comments from ARROW with respect to either non hazardous or hazardous
waste landfills located over mine shafts is irrelevant as the sites operate in the same
regulatory environment and the same technical precautions will be necessary.
Engineering requirements of the Landfill Directive
2.20 The applicant has responded to this issue in previous submissions.
Bickerstaffe Children’s Services
2.21 The applicant has addressed the points raised by Bickerstaffe Children’s Services at
Paragraphs B30 and B31 of the applicant’s 30 October 2014 submission which also
refers to where the issues have been addressed in previous submissions. In addition
the applicant confirmed at Paragraph 2.6 of the applicant’s 11 November 2014
submission where comments made by Bickerstaffe Children’s Services has been
addressed. The applicant refutes completely the suggestion by Bickerstaffe
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Children’s Services that issues they have raised have not been fully addressed by
the applicant.
Bickerstaffe Parish Council
2.22 As the Examining Authority will be aware the applicant has responded in detail with
respect to the perceived lack of consultation with the residents of Bickerstaffe in the
applicant’s letter dated 23 May 2014. The letter from the Examining Authority dated
30 May 2014 confirmed that the legislative tests for the adequacy of public
consultation were considered by the Secretary of State at the Section 55 acceptance
stage and the Secretary of State confirmed that the consultation was satisfactory.
2.23 With respect to the consultation with adjacent landowners the applicant responded
on this issue in the applicant’s 8 July 2014 submission (Paragraphs 1.2.4 and 4.7.2)
and the applicant’s 16 September 2014 submission (Paragraphs B3-B6).
CPRE West Lancashire District Group
2.24 As noted by CPRE the Stability Risk Assessment is included in the Environmental
Permit application and will be reviewed and assessed by the Environment Agency as
part of the determination of the Environmental Permit application. Notwithstanding
this the applicant has the following comments on the points raised by CPRE:-
1. The extant planning permission for the landfill site is planning permission
reference 08/11/0716 and not planning permission reference 08/96/0993 as
stated by CPRE. The drawing (68A/LE5102) titled ‘Proposed Restoration
Contours’ that CPRE refer to is an older restoration plan dated October 1996
which only shows the post-settlement restoration contours, which are the same
contours as shown on the current approved restoration plan for the site. The
current approved restoration contour drawing is drawing reference
LE00173/098 titled ‘Landscape Restoration Proposals & Post Settlement
Contours’ which is dated December 2005 and includes landscaping details.
2. The current permitted restoration contours and restoration scheme for the
current landfill area are presented on Figure ES7 of the Environmental
Statement. The information on Figure ES7 is based on drawing reference
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LE00173/098. The proposed restoration contours for the site including the
proposed western landfill area and the current landfill are presented on Figure
ES 5. It is important to note that the restoration contours presented on Figure
ES7 are the post-settlement restoration contours only. The pre-settlement
restoration contours are not shown on Figure ES7 but they are shown on
Figure E15.
3. As stated by the applicant in numerous previous submissions it is necessary
to tie in the restoration of the proposed western landfill area with the current
landfill. It will be necessary for the consented pre- and post-settlement levels
for the current landfill to be amended on the western side of the current landfill
where the current landfill and proposed western landfill area tie together. The
maximum pre- and post-settlement levels of the current landfill of
approximately 84mAOD and 77m AOD will not change. The detailed
construction design of the western landfill area, the way in which the western
landfill ties in with the current landfill and the stability of all the components of
the site are matters for the Environmental Permit and not the DCO.
4. It is concluded in the stability risk assessment presented at Appendix G to the
Environmental Permit application that target factors of safety can be achieved
at all stages of the landfill site development hence that all the components of
the landfill design including the way in which the proposed western landfill will
tie in with the current landfill and the overall restored landform will be stable.
Arthur Scarisbrick
2.25 The applicant’s comments in response to the points raised by Bickerstaffe Parish
Council in paragraphs 2.22 and 2.23 also are applicable to the comments made by
Mr Scarisbrick.
Judith Alexander (Submission uploaded to MAPD website on 13 November 2014)
2.26 The applicant’s comments with respect to the Opra score were provided in the
applicant’s response dated 11 November 2014. Like Mr Carr, Ms Alexander has
confused the ‘Opra Score’ for a site with the ‘Compliance Rating’.
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2.27 At point 4 in her response Ms Alexander is mis-reading the risk assessment and
management plan tables which are submitted with the Environmental Permit
application. The columns of the tables which she is quoting from are those which set
out the potential for exposures and risks in the absence of any control measures at
all. The columns immediately to the right of those quoted in her response headed
‘Risk Management’ and ‘What is the Residual Risk’ set out all the risk management
measures which will be implemented through the Environmental Permit and the
residual risk is shown as being ‘low’ or ‘Very low’ in all cases.
2.28 The applicant has not been disingenuous with the public with respect to the waste
delivery on 18 June 2014 or the Consignment Note. The applicant has stated on
previous occasions including Paragraph E10 of the applicant’s 30 October 2014
submission that the delivery was bottom ash waste from a paper mill.
2.29 The applicant provided comments on the Wrexham site referred to by Mr Carr in the
applicant’s submission dated 11 November 2014. The applicant has nothing further
to add.
2.30 As explained in previous submissions the financial provision for the site is sufficient to
discharge conditions of the Environmental Permit which are protective of the
environment. An allowance also is made for certain specified events. The
statements made in the audited accounts are entirely reasonable and consistent with
normal accounting practices for landfill operators, particularly as the protection of the
environment is afforded by the conditions of the Environmental Permit and the
subject of specific financial provision.
2.31 Comments with respect to the infilling of the ditch when the bund was constructed
were included in the applicant’s submission of 11 November 2014.
Judith Alexander (submission dated 14 November 2014) 2.32 With respect to the ditch referred to by Ms Alexander the applicant is not seeking to
avoid the issue or to provide in any way a disingenuous answer to the question. The
applicant does not have any knowledge of the ditch to which Ms Alexander refers.
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Schedule 3 to the letter to PINS dated 17 November 2014 Comments on the submissions made in response to the Examining Authority’s letter
dated 6 November 2014
Lancashire County Council 3.1 We note the suggestion of Lancashire County Council in their letter of 13 November
2014 that a provision is included in subparagraph (3) with respect to a longer time
period agreed in writing. The applicant does not object to this suggestion.
West Lancashire Borough Council
3.2 The applicant is pleased to note that West Lancashire Borough Council confirm that
the Parcel 18b does not overlie the emergency storage area that forms part of the
SUDS scheme. As stated in the applicant’s 12 November 2014 submission:
‘...the applicant can conceive of no logical reason why the use of the
land for drainage or as marshland/moss landscape and habitats
including ponds, scrapes and ditches cannot be incorporated into the
SUDS scheme. SUDS schemes are based on the principles of
incorporation and provision of features such as ponds and wetland
areas which provide attenuation and delayed drainage of storm water.
The proposed landscape scheme and the SUDS proposals are
readily compatible.’
The absence of any remaining technical objection showing that the land is required
by the Borough Council for another purpose, the evidence provided by the applicant
showing that the landscaping proposed for this area is compatible with the SUDS
scheme, and the case presented that the acquisition of this land is necessary and in
the public interest all indicate that compensation is an adequate remedy for the
acquisition of this land.
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APPENDIX A
COPY OF A LETTER FROM THE ENVIRONMENT AGENCY TO THE WASTE MANAGEMENT INDUSTRY DATED 29 SEPTEMBER 2014
Environment Agency Horizon House, Deanery Road, Bristol BS1 5AH www.environment-agency.gov.uk
Environmental Services Association Attn: Roy Hathaway and Barry Dennis 154 Buckingham Palace Road London SW1W 9TR
Date: 29th September 2014
Dear Mr Hathaway and Mr Dennis Misclassification of hazardous waste Tackling misclassification of waste is a priority for us and we would like to raise some concerns with you and ask for your assistance in communicating these issues to your members. Correct assessment and classification of waste is essential to help ensure it is properly managed. We have recently found that a number of companies are carrying out waste assessments using out of date information and as a result they are misclassifying and mismanaging hazardous wastes. This could pose a serious risk to people and the environment, as well as undermining those waste businesses who are correctly assessing and classifying their wastes. New hazardous waste criteria are being introduced next summer, and although this is unlikely to change many classifications, it will mean that companies will need to review their assessment procedures. For those whose current assessment procedures are up to date, the change is likely to be smooth, but for those whose assessment procedures are already incorrect they may find a number of areas where they need to make changes to their practices. We have already provided advice to members of our hazardous waste treatment group. To help further raise awareness we would like your help in encouraging your members to review their assessment procedures to ensure they are correct and up to date. We would recommend that this should include a review of internal or commercially available tools they may use. Your members will find it helpful to refer to Technical Guidance WM2 during the review. In the Annex to this letter we have included a number of examples of problems, which may assist in these reviews. In anticipation of your support, I would like to thank you for helping us communicate this important message. If you need any further technical advice about this, please contact Matt Womersley. Email [email protected]
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Annex – Examples of aspects of waste assessment where concerns can arise The environment agencies of the United Kingdom publish a technical guidance document (WM2 - 3rd edition) which is reviewed regularly and is aligned to the current legal assessment of wastes. This guidance document should be followed carefully to ensure waste assessment is done correctly.
1. Review of assessment procedures or tools
The Environment Agency updates technical guidance WM2 approximately every two years. The guidance is only updated when an important part of the assessment has changed. We expect any procedures or tools used by waste companies to be routinely checked and updated to maintain alignment with this. If it is not it may not be compliant. Technical guidance WM2 was last updated in August 2013, was your assessment procedure or tool updated to reflect it?
2. The classification of chemicals To produce a reliable answer any assessment procedure or tool must use the correct classification of each chemical. Risk phrases must be obtained from appropriate, current data sources.
There is a legal framework for choosing the correct data source to obtain risk phrases associated with relevant substances. These are explained more fully in WM2, but can be summarised as follows:
(i) Where a substance is listed in Table 3.2 of the CLP you are legally required to use that classification. You should however take into account:
‐ any amendments that have been made to that table by adaptations to technical progress (ATP’s) and corrigendums;
‐ some entries in the CLP may be incomplete, so use information from other sources that indicates that additional categories of danger may apply.
(ii) Where a substance is not listed in Table 3.2 of the CLP you must determine the classification of the substance using the procedures set out in the Approved Classification of the Labelling Guide (ACLG). The use of the REACH registered substances database is indicated by the ACLG as the source of some of the necessary information. It may be incomplete so additional information should be considered where relevant.
(iii) Where the substance is not listed in Table 3.2 of the CLP or registered with REACH then other data sources will be the principal source of information as indicated in the ACLG.
There are a number of issues that arise from this
4
(i) Amendments to the CLP are occurring at a rate averaging more than once per year. The REACH registered substance database is also updated frequently. This indicates how important it is that companies routinely and regularly check any chemical classifications they are using. An assessment tool is only capable of producing a legally valid assessment of a waste if it is aligned with all current ATPs. Assessments based on out-of-date data sources are unreliable.
(ii) If a substance is not listed in Table 3.2 of the CLP this cannot be taken to mean that is it not a dangerous substance. The law requires that you classify it in accordance with the procedures set out in the Approved Classification and Labelling Guide, for example by using the REACH registered substances database.
(iii) A substance listed in Table 3.2 or registered in the REACH registered substances database may have additional categories of danger not listed there. So these do not exclude the requirement to consider other reliable sources of data, for example IARC.
Furthermore, Table 3.2 of the CLP is updated from time to time by means of Adaption to Technical Progress. 3. Appropriate worst case compounds are applied
Where the specific compound present is unknown, as explained in WM2, the classification for the worst case compound that might reasonably exist in the waste should be used. Where Table 3.2 of the CLP contains general compound entries for elements, that entry can only be used where it is the worst case. In some cases specific compounds for that element may be listed separately with more significant risk phrases. We therefore do not expect general compound entries to be used as ‘worst case’ in assessment tools, unless that can be justified for the individual waste being assessed. As an example, Arsenic can reasonably be expected to occur in soils as oxide forms. These oxides have specific entries in Table 3.2 of the CLP that are clearly the ‘worst case’ when compared to the general compound entry for arsenic. The latter should not therefore be used as the worst case. 4. Additive hazardous properties are correctly applied
Some hazardous properties are additive. This means two or more substances displaying the same or related risk phrases must be added when assessing against specific thresholds. Where the assessment procedure or tool does not add substances it will underestimate hazardous properties and have the potential to misclassify hazardous wastes as non-hazardous. For example, metal substances with ecotoxic risk phrases are additive.
WHITEMOSS LANDFILL LIMITED WHITEMOSS LANDFILL
WL/WL/SPS/1616/01/17 NOV
November 2014 WL_WLp16603
APPENDIX B
FURTHER INFORMATION WITH RESPECT TO HIMLEY LANDFILL SITE
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Home> Where We Operate> Himley
Himley, Dudley
Cory Environmental (Resource Management)Landfill
Address: Oak LaneKingswinfordDudleyWest Midlands DY6 7JS
Tel: 01384 401016
Fax: 01384 401476
Email: [email protected]
Location map: Click here
Opening times: Monday - Friday: 07.00 - 16.45Saturday: 07.00 - 11.45Sunday and Bank Holidays: CLOSED
Waste types: Non-hazardous commercial, industrial, domestic,contaminated landInert soilsHazardous contaminated land that meets the stable,non-reactive hazardous waste WAC
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01785 251555
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01785 251666
Licence number: BV7265
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01682 0175 43000
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577 3648 93
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WHITEMOSS LANDFILL LIMITED WHITEMOSS LANDFILL
WL/WL/SPS/1616/01/17 NOV
November 2014 WL_WLp16603
APPENDIX C
FURTHER INFORMATION WITH RESPECT TO BRYN POSTEG LANDFILL SITE