1. When appropriate measures apply
Who this guidance is for, assessing appropriate measures for your site, the measures that apply to different types of facilities and implementing measures at new and existing facilities.
This guidance applies to permitted waste management facilities such as:
- household waste recycling facilities (civic amenity sites)
- waste transfer stations
- materials facilities
- inert waste, aggregate, soil and incinerator bottom ash treatment facilities
- treatment facilities for processing waste such as wood, tyres, plastics and mattresses
Exempt facilities which store or treat non-hazardous or inert waste may also find it useful to refer to this guidance.
This guidance does not apply to all non-hazardous and inert wastes. It does not apply to exclusions from the Waste Framework Directive or to certain processes which may involve non-hazardous or inert waste, such as:
- chemical treatment
- producing recycled paper and card
- using waste-derived fuel
- waste incineration or co-incineration, pyrolysis and gasification
- landfill of waste, or deposit for recovery activities
- treating landfill leachate
- in-situ remediation of contaminated soil
- mobile plant
Storing and treating the following kinds of waste is (or will be) covered in separate guidance specific to that industry sector:
- biowaste, including food waste
- healthcare, including hygiene and offensive waste
- hazardous waste, including asbestos
- waste electrical and electronic equipment
- batteries
- metal shredders
In this guidance, the term ‘handling’ covers all site-based activities relating to waste, except for storage. Handling includes treatment as well as transfer activities like loading, unloading and moving waste within the facility.
There is overlap between best available techniques (BAT) for waste installation facilities and necessary measures for waste operation facilities. The Environment Agency uses the term ‘appropriate measures’ to cover both sets of requirements.
This guidance sets out what you must consider when you assess the appropriate measures for your facility. It is not definitive and it does not replace your obligation to assess appropriate measures fully for your site.
Some measures in this guidance may not be suitable or relevant for your operation. Appropriate measures will depend on the:
- activities being carried out
- size and nature of the activities
- location of the facility
Our guidance on risk assessment will help you identify the risks from your activities and what the environmental impact could be.
For installations there are additional requirements for using energy and raw materials (including water) efficiently. These are called process efficiency measures.
Where a measure is not suitable or relevant, an operator can propose alternative measures that achieve the same level of environmental protection. Or they can provide an explanation of why the specific measure is not relevant.
In certain situations, a higher standard of environmental protection may be needed, for example:
- where there are local sensitive receptors
- if the facility is affecting the local environment or human health despite using appropriate measures
- if there is a risk that you may breach an Environmental Quality Standard
The appropriate measures in this guidance apply to both new and existing facilities that store, treat or transfer (or both) non-hazardous or inert waste.
For new facilities the appropriate measures must be in place before operations start.
For existing facilities, if the cost of complying with the appropriate measures is disproportionate to the environmental benefit, immediate compliance may not be reasonable. Through permit reviews, the Environment Agency will assess the current operating techniques of existing facilities against the relevant appropriate measures.
Where an operator is not using appropriate measures, we will expect them to provide improvement plans and timetables for implementing the relevant appropriate measures.
We will review these proposals and set formal timescales for making the improvements needed. We will do this by varying the environmental permit to include improvement conditions, but we may use alternative approaches, if required.
Improvements at existing facilities are likely to fall into one of the following categories:
Standard good practice requirements
Where improvements are relatively low cost, operators should prioritise them based on the risk posed by their facility. They should implement these improvements as soon as possible and no later than 12 months after the publication date of this guidance. For example, these improvements could be:
- updated management systems
- waste pre-acceptance, acceptance, handling techniques and waste transfers off site
- measures to prevent fugitive or accidental emissions
- appropriate monitoring equipment
- waste, water and energy efficiency measures
More capital-intensive improvements
Operators should complete these improvements as soon as reasonably possible. Within 3 years of the publication of this guidance is a reasonable expectation. Capital intensive improvements will generally be required through a permit variation and associated improvement conditions. Examples of capital intensive improvements include:
- installing significant abatement and emission monitoring equipment
- the significant redesign of the facility layout, including installing new buildings, or treatment or abatement plant
Capital-intensive projects may need permission from other regulators and we will take this into account when considering improvement condition timescales. We expect operators to send their permission requests to other regulators as soon as possible. In some cases, we will be a consultee (for example as part of the planning process).
Local environmental impacts (for example, having sensitive receptors or an air quality management area close by) may mean an operator has to take action more quickly than the timescales provided here.
By August 2022, unless we approve a derogation, existing installations must comply with relevant BAT associated emission levels (AELs). These are set out in the published Waste Treatment BAT Conclusions document.
New installations (including new or replacement plant at existing facilities) must comply with any relevant BAT AELs from when operations begin, unless we approve a derogation.
You should consider the potential impacts of climate change when selecting a site, especially:
- flood risk
- drought
- extreme temperatures
- extreme weather events
You should have enough space on site to manage wastes and to make sure that you minimise potential pollution impacts on nearby receptors. For example, you should have enough space for appropriate fire breaks between stockpiles of combustible waste, and to allow access for fire-fighting.
The storage and handling of waste on site must be located as far as technically and economically possible from sensitive receptors and watercourses, while minimising unnecessary handling. Access doors should be on the side of any buildings that are opposite to sensitive receptors.
You must have enough space on site to operate your plant and equipment safely, and to segregate waste to prevent cross-contamination. Environmental permits set limits on the amount of waste an operator can bring onto site on an annual basis. The permit may also set other capacity limits, for example the maximum quantity of a particular waste type at any one time.
The physical capacity of your site may not be large enough to safely handle, without causing pollution, the amount of waste your permit allows. You must make sure that the quantities of waste at your facility are manageable at all times and do not exceed your capacity to store and treat waste.
At the design stage you should consider:
- how you will monitor emissions from your site
- the access to waste treatment processes so you can take representative samples