Right Waste, Right Place Raising Awareness of waste ‘Duty of Care’ Sam Corp, Head of Regulation, Environmental Services Association

ESA… is the voice of the waste management industry members represent the majority of the sector works to raise standards our members turn Britain’s waste into valuable resources whilst protecting the environment.

Key Themes Why is Duty of Care so important? Ensuring compliance, tackling Waste Crime. Revised Defra Duty of Care Code of Practice Duty of Care Awareness: The ‘Right Waste, Right Place’ campaign

The Importance of Duty of Care Duty of Care awareness is key to reducing waste crime Drives compliance and a secure audit trail Reduces opportunities for waste criminals

Consequences of Waste Crime Environmental, health and community impacts. Waste taken to a waste site that is illegal Waste passed on to another party that then passes waste to an illegal site Waste passed on (e.g. via a broker) and exported illegally (e.g. electronic waste) Waste mislabelled or mixed with other wastes e.g. to avoid paying higher’ landfill tax rate of £84.40 per tonne (vs low rate £2.65 per tonne for ‘inactive’ waste) or waste being included in single stream recyclables, such as paper for export abroad. Waste criminals need waste!

Beware the 'Facebook fly-tippers': why hiring someone to take rubbish away could land you a £5,000 fine. Households face tough penalties for inadvertently paying 'waste cowboys' who fly-tip their rubbish If fly- tipped waste can be traced back to its owner they can be fined - even if they had no idea it was going to be flytipped. Households have been warned by Local Authorities that they could end up in court if they fall for a growing criminal industry of “Facebook fly-tippers” who pose online as legitimate waste removal companies but then dump the rubbish on the streets. With flytipping rates rising, councils are bringing prosecutions against people who pay a man-with-a-van to remove bulky items of rubbish – only for it to be fly-tipped and then traced back to them. Households have been warned they could be fined up to £5,000 and left with a criminal record if they use what the Government has dubbed “waste cowboys” - even if they pay them in good faith. Councils say they are seeing increasing numbers of the bogus waste removal men advertising their services on social media sites.

The Good News: – Tacking waste crime is still a priority issue for Government and the legitimate waste management industry – Resources are being provided to the Environment Agency to crack down on waste criminals: 2014 budget: 5 million, 2015 budget: 4.2 million, 2015 Autumn Statement: 20 million over the next five years. – Government Waste Crime Action Plan: New enforcement measures introduced – more on the way? – Revised Defra Duty of Care Code of practice – Industry committed to playing its part ESA ‘Right Waste, Right Place’ campaign

The Bad News: -Flytipping : 900’000 incidents, £50 million cost to Local Authorities and rising -Total cost of waste crime = £1 billion per annum? -Nearly 1000 new illegal sites added to EA database every year -Abandoned sites and fires – impact on the environment and local communities

DEFRA Revised Duty of Care Code of Practice Revised and published 11 March 2016 Key Changes – Streamlined version – 66 pages down to 11. – No case studies or practical examples – ‘Smarter Guidance’? – Incorporates changes to legal requirements - Waste Hierarchy, basic characterisation requirments, waste transfer note information, household waste duty of care.

Key Changes – Further Detail Waste hierarchy - Waste Framework Directive requirement. Waste holders are required to take all reasonable measures to apply the waste hierarchy when waste is transferred to another person. A declaration is required on your waste transfer information or hazardous waste consignment notes that you have complied with this duty. Basic characterisation requirements – If waste must be disposed of in a landfill it has to be characterised in accordance with the Landfill Directive to ensure that waste management operators fully understand the nature of the wastes they will be receiving. Waste transfer information – Those who transfer and handle waste now have the ability to record waste transfer information on alternative documents such as invoices, orders or receipts; or electronically, for example through the electronic duty of care system ( Household waste duty of care – Section 34 of the EPA imposes a duty of care on householders, in line with the requirements of the Waste Framework Directive for waste producers to have their waste handled by an authorised person.

Duty of Care Awareness – Unfortunately awareness across wider business sectors is low – The ‘Right Waste, Right Place’ campaign aims to improve awareness and encourage behaviour change

‘Right Waste, Right Place’ - Aims of the campaign To raise awareness across waste producing business sectors of the benefits of Duty of Care compliance including: Improved company complianceReducing waste crime Business benefits Level playing field

Campaign Products Dedicated website: Downloadable content, interactive, videos/animation, case studies, links to third parties Best Practice Guidance: Easy to read, case studies, waste ‘top trumps’, downloadable, FAQs, leaflets, infographics and posters, build on Defra guidance. Market research to gauge awareness of Duty of Care: Utilising existing research as much as possible Campaign Press Office/Active Engagement Sustain media interest throughout the life of the campaign Strong digital element, use of social media, digital analysis to help quantify success of campaign Active engagement with waste producing sectors

Quick Reference Cards – Second level Third level – Fourth level » Fifth level

Timeline Phase 1 : Funded by Environment Agency Q4 2015/early develop the key elements of the campaign. 12 April Launch April to Dec generic campaign to focus on reaching out to SMEs (0-50 employees). Phase 2 : Funded by CIWM and ESAET June 2016 onwards - Extend the life, reach and penetration of the campaign to sector SMEs. Sectors targeted : Construction and Demolition; Retail/DIY and Agriculture.

Active Engagement Strong ‘buy in’ from a number of waste producing and waste managing business companies/sectors. ‘Right Waste, Right Place’ Advisory Group: ESANFU CIWMEEF FSB SUEZ LARAC Veolia Travis Perkins URoC Build UK Keep Britain Tidy Supported by the Environment Agency

In Summary Tacking waste crime is a priority Awareness of Duty of Care across the whole waste chain is key to encourage behaviour change We welcome your support in the ‘Right Waste, Right Place’ campaign. Can you help? – Second level Third level – Fourth level » Fifth level

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