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Waste regulation in NSW
In a recent issue we looked at the broad changes to the NSW Protection of the Environment Operations Act 1997 (the POEO Act) that took effect from May 2008. For various reasons (largely, we think, because this is a new frontier for regulators), the application of the new regulations is changing rapidly. Since our last article, all exemptions to waste classification for reuse on land have been updated. This article updates the situation as it stands at the moment.
It is critical to recognise that the Act places responsibility on the waste generator, the waste transporter and the waste reuser to ensure that all waste generated, transported and reused is fit for purpose, does not pollute the environment or pose health hazards, and is licensed under the Act. Each and all of those people are liable.
All waste reuse must be licensed or specifically exempted.
Your waste (that is, what you have generated, are transporting or are reusing) may well already be exempted from the need for a licence. See below for a list of exemptions and links to more information. If it does not come under any of these categories, you will need to apply for a licence with the NSW Department of Environment and Climate Change (DECC). Sorting through the legislation, classifications, definitions and exemptions is a daunting task, but SESL has made it a priority to come to grips with the legislation and regulations. If you want, SESL will apply on your behalf, for either a licence or an exemption.
Purpose of the POEO Act
The main aim of the new waste regulations is “to ensure a healthy and clean environment by regulating pollution and other adverse environmental impacts [that] may result from waste activities.” Through various tools, programs and fines, DECC aims to “mitigate pollution from waste disposal, minimise resource use, improve resource recovery and ensure the appropriate disposal of harmful waste in NSW”.
Waste licensing categories
The POEO Act defines six waste licensing categories:
- waste disposal (application to land)
- waste disposal (thermal treatment)
- waste processing
- waste storage
- resource recovery
- energy recovery.
Those categories include many forms of waste. Those of relevance to SESL’s clients include:
- household waste
- garden waste
- food waste
- animal waste
- manure and nightsoil
- biosolids
- non-putrescible vegetative waste from agriculture, silviculture and horticulture
- wood waste
- paper and cardboard
- waste collected by local councils from street sweeping
- waste collected by local councils from litter bins
- grit, sediment, litter and gross pollutants from stormwater treatment or management
- grit and screenings from water treatment plants
- grit and screenings from sewage treatment plants
- glass, plastic, rubber, plasterboard, ceramics, bricks, concrete and metal
- waste contaminated with lead (including lead paint) from residences, schools and child care institutions
- virgin excavated natural material (known as VENM)
- building and demolition waste.
Licensing of activities
Certain activities require a licence. Those activities of relevance to SESL’s clients, as listed in Schedule 1 of the POEO Act, include:
- dairy processing and grape processing
- the discharge of effluent, liquid sludge or other waste water into natural water bodies
- fertiliser production
- chemical production waste generation
- pesticides and related products production
- pharmaceutical and veterinary products production
- composting
- contaminated soil treatment
- crushing, grinding and separating
- energy recovery from general waste
- irrigated agriculture
- intensive livestock activities
- livestock processing activities
- resource recovery, including general waste, hazardous waste, oil and tyres
- sewage treatment
- waste disposal by application to land
- waste processing and storage.
Exemptions
Many exemptions are now defined. If your intended use comes under one of these exemptions, you do not need to apply to DECC for a licence (provided they meet requirements). Those of relevance to SESL’s clients include:
- basalt fines
- biosolids
- cement fibre board
- effluent
- excavated natural material
- food waste compost
- food waste
- raw mulch
- recovered aggregate
- recovered fines from construction and demolition waste
- recovered glass sand
- recovered railway ballast
- stormwater
- treated grease trap waste
- tyres.
Full details are available at http://www.environment.nsw.gov.au/waste/RRecoveryExemptions.htm.
Exemption testing certificate
A SESL testing certificate summarises a product’s exemption compliance (or otherwise) in 1 or 2 pages. A copy can be handed to the customer at point of sale. Foreign material tests can be supported with a photographic record as well. Call on 02 9980 6554 for advice.
Accepting fill on your land
A topic of importance to many of SESL’s clients is the acceptance of fill, for example for building up a site, landscaping or site rehabilitation. DECC poses serious fines for improper use of fill. But several checks will minimise your risk of breaking the law and endangering the environment or public health:
- Check with your local council to find out whether filling of land is permitted and what approvals are required.
- If you consider accepting fill onto your property, ask for proof of identity (such as a driver’s licence) and business details (such as an ABN or ACN) of the supplier.
- Always ask where the fill comes from and what activities were conducted there.
- Ask for proof that the fill is not contaminated.
- Inspect all incoming loads and supervise delivery.
- Record the deliverer’s details.
- Keep copies of all documentation. You might have to prove the legitimacy of the fill later.
DECC provides a detailed guide for landholders on accepting landfill, for download.