The Landfill (England and Wales) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out a pollution control regime for landfills for the purpose of implementing Council Directive 99/31/EC on the landfill of waste (“the Landfill Directive”) in England and Wales. Landfills have previously been subject to either the Waste Management Licensing Regulations 1994 or the Pollution Prevention and Control (England and Wales) Regulations 2000 (“the 2000 Regulations”) (which in turn implemented Council Directive 96/61/EC concerning integrated pollution prevention and control (“the IPPC Directive”)).

Part I of the Regulations sets out the preliminary provisions. Regulation 3 sets out their scope (subject to the certain exceptions contained in regulation 4). Regulation 5 requires planning authorities to take the location requirements of these Regulations into consideration when granting planning permission. Regulation 6 amends the 2000 Regulations so that all landfills covered by these Regulations are Part A(1) installations for the purposes of those Regulations and therefore require a permit under those Regulations. The powers to set conditions in permits under the 2000 Regulations are disapplied for landfills as alternative powers are included in these Regulations.

Part II deals with conditions to be included in landfill permits. Regulation 7 requires the Environment Agency to classify landfills as for hazardous waste, non-hazardous waste or inert waste. Regulation 8 sets out the requirements for conditions to be incorporated in landfill permits. These include conditions for ensuring compliance by landfill operators with the relevant requirements of these Regulations which are set out in remaining regulations in this Part and Schedules 1 (waste acceptance criteria), 2 (general requirements) and 3 (monitoring procedures). Regulation 16 provides for closure notices which may be used by the Environment Agency to initiate closure of landfills.

Part III contains miscellaneous provisions. Regulation 17 creates offences where waste is accepted contrary to the requirements which apply directly to landfill operators under paragraph 3 of Schedule 4. Regulation 19(1) amends the Environmental Protection (Duty of Care) Regulations 1991, which impose requirements to document transfers of controlled waste, to add a requirement to identify the waste by reference to the appropriate category in the European Waste Catalogue. This provision comes into force on 31st August 2002.

Schedule 4 contains transitional provisions for existing landfills. It sets up a procedure for operators of landfills that will remain operational after 16th July 2002 to bring their operations into compliance with the relevant requirements of these Regulations. Sites which cannot comply will be closed, while the remainder will be granted new permits in accordance with these Regulations as soon as possible within a transitional period up to 31st March 2007.

Schedule 5 makes amendments to other secondary legislation. Amendments are made to the 2000 Regulations and the Waste Management Licensing Regulations 1994 (which covers those landfills previously not subject to the 2000 Regulations) to deal with the introduction of the requirements of these Regulations. Amendments are also made to the “fit and proper person” test applied by regulation 4 of the 2000 Regulations relating to arrangements an operator has to have in place to ensure the landfill is properly managed and financed.

A transposition note setting out how the Government will transpose the main elements of the Landfill Directive into law has been prepared and copies can be obtained from Waste Strategy Division, Department for Environment, Food and Rural Affairs, Zone 7/H10 Ashdown House, 123 Victoria Street, London SW1E 6DE. A copy has been placed in the library of each House of Parliament.

A regulatory impact assessment has been prepared and copies can be obtained from Waste Strategy Division, Department for Environment, Food and Rural Affairs, Zone 7/H10 Ashdown House, 123 Victoria Street, London SW1E 6DE. A copy has been placed in the library of each House of Parliament.