1. TRP Chapter 3.1 1 Chapter 3.1 Regulatory approaches

2. TRP Chapter 3.1 2 First questions Regulation: For what purpose? Of what? Of whom?

3. TRP Chapter 3.1 3 Why regulate? for environmental safety for market stability in disposal to raise revenue for social/political policy as treaty obligation

4. TRP Chapter 3.1 4 Essential elements of regulatory approaches Source: David C Wilson 1999

5. TRP Chapter 3.1 5 Regulate what? Waste types: eg PCBs Operations: eg waste transport Procedures: eg waste classification Waste avoidance: eg Cleaner Production

6. TRP Chapter 3.1 6 Regulate whom? Regulations might impact on: waste generators waste operators waste transporters Enabling regulations might create: government agency inspectorates

7. TRP Chapter 3.1 7 Regulation menu of options Identify purpose and scope of regulation eg public health, workplace safety, co-ordination of agencies Select type eg primary law, framework law Choose: application eg waste storage, recycling instruments eg bans, licensing fiscal measures eg charges, fines Agree: powers eg obligations, offences enforcement eg which agency

8. TRP Chapter 3.1 8 Relationship between legislation & policy ENFORCEMENT LEGISLATION SUPPORT SERVICES FACILITIES Institutional Arrangements Stakeholders Source: David C Wilson 1993, 1997, 2001

9. TRP Chapter 3.1 9 Related legislation solid (urban) waste pollution (air/water) contaminated land workplace exposure storage & transport of chemicals industrial safety

10. TRP Chapter 3.1 10 Components of legislation 1: definitions A clear legal definition is a crucial part of legislation Need definitions of: waste materials hazards posed waste operations eg recycling waste facilities eg storage, treatment and disposal No single international definition of what constitutes hazardous waste

11. TRP Chapter 3.1 11 Components of legislation 2: responsibilities Legislation must clearly set out the responsibilities placed on the different parties involved in generating and handling hazardous wastes, and overseeing the practices waste generators - large industry and small scale industries operators of waste handling and treatment facilities government agencies - to enforce controls

12. TRP Chapter 3.1 12 Components of legislation 3: Controls emissions and discharge limits transport controls constructions standards restrictions on the location of facilities operating standards reduction targets

13. TRP Chapter 3.1 13 Regulation of small scale waste generators Small scale generators can be: excluded from regulation included included gradually given incentives subject to self-regulation

14. TRP Chapter 3.1 14 Regulation of waste facilities Facilities include: storage depots transfer stations recycling facilities Requirements might include: planning permits site specific factors waste management licence design & construction standards operating conditions, including : acceptable waste types emission and discharge standards self monitoring reporting Inspection and enforcement treatment plants disposal facilities

15. TRP Chapter 3.1 15 Regulation and investment Regulations can help: influence the climate for investment encourage private sector investment establish public/private partnerships ensure a level paying field

16. TRP Chapter 3.1 16 Chapter 3.1 Summary The purpose of regulation and different approaches What and whom to regulate Relationship between legislation and policy Relationship of hazardous waste legislation with other legislation Components of legislation: definition, responsibilities and controls Small scale generators Waste facilities Regulation and investment