Scotland's Zero Waste Plan

1.1 This Annex to the Zero Waste Plan Scotland provides detail on definitions, data, targets and measurement that will underpin delivery of Zero Waste Plan aims and objectives. Where gaps exist, this Annex identifies areas of policy development that will be taken forward in the period following publication of the Zero Waste Plan. 2. WASTE PREVENTION

2.1 Waste prevention is defined in the Waste Framework Directive1 as measures, taken before a substance, material or product has become waste, to reduce:  the quantity of waste. This includes the re-use of products, the extension of the life span of products, reductions in packaging etc;  the adverse impacts of waste on the environment and human health; and  the content of harmful substances in materials and products.

2.2 The respondents to the draft Zero Waste Plan were overwhelmingly in favour of giving priority to waste prevention but were divided on (a) what targets, if any, to set; and (b) precisely what measures should be adopted to ensure that waste prevention activities receive priority attention in line with the waste hierarchy.

2.3 Examples of waste prevention measures include:  The use of clean technologies that produce less wasteful and/or harmful products.  The use of effective and meaningful indicators. For example, reductions in the amount of waste generated in Scotland can be measured and reported in terms of waste per household, waste per capita or waste per unit of GDP.  The promotion of eco-design that has regard to the environmental performance of products throughout their whole life cycle.  The use of awareness campaigns and the provision of information to businesses, encouraging use of best available techniques to prevent waste production. 1 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:312:0003:0003:EN:PDF 1 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs  The use of voluntary agreements, consumer/producer panels or sectoral negotiations to encourage businesses or industrial sectors to set their own waste prevention plans.  The promotion of recognised environmental management systems, including EMAS and ISO 14001.

2.4 The Scottish Government gives priority to waste prevention and will develop a Waste Prevention Programme in accordance with article 29 of the revised Waste Framework Directive by the end of 2010. In setting the Waste Prevention Programme the Scottish Government will review and develop different measures, and examine the usefulness of different indicators that can be used to monitor and assess the progress of measures that are adopted. 3. RE-USE

3.1 The Waste Framework Directive states that re-use is any operation by which products or components that are not waste are used again for the same purpose for which they were conceived. There are two important points to note: 1. re-use involves products or components that are not considered to be waste; and 2. the activity must involve re-use of products or components for the original purpose - for example, items advertised and made available for re-use on Freecycle http://www.uk.freecycle.org Consequently, “re-use” activities would fall under the category of waste prevention.

3.2 Reuse can be encouraged by improving the durability of products and discouraging the purchase of single use disposable items where a re-useable alternative exists.

3.3 Items that would fall under the category of re-use would include books, household ornaments, crockery, toys and clothes handed into charity shops where the holder fully intends the items to be used in their current form and the goods or items meet the necessary quality standards laid down by the charity shop.

3.4 The direct re-use of products is not regulated under waste legislation as there has been no discard. Only when a product is discarded does it become waste and subject to waste regulatory control. Donations to charity shops do not count towards recycling targets but do contribute towards waste prevention where the items are re-used. 2 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs 4. PREPARING FOR RE-USE

4.1 The revised Waste Framework Directive defines this activity as checking, cleaning or repairing products or components which have become waste so that they can be re-used for their original purpose without further processing.

4.2 When a product or residue is discarded it becomes waste and the requirements of waste legislation apply. Preparation for re-use activities tend to be regulated by the Scottish Environment Protection Agency (SEPA) through use of light touch exemptions. However, once a waste has been checked, cleaned, repaired and otherwise made suitable for reuse for its original purpose, it ceases to be waste and no further waste controls are placed on it.

4.3 Examples of preparing products or components for reuse are frequently found in the community recycling sector, including repair and refurbishment of furniture and carpets; collection and mixing of waste paint; and bike salvage, repair and refurbishment centres.

4.4 In addition, some electrical equipment, furniture and clothing deposited at household waste recycling centres may be suitable for reuse once sorted, checked, cleaned and/or repaired. Local authorities already collect and report information on the quantities of such items which are “prepared for re-use” for their original intended purpose. The Scottish Government considers that items deposited at household waste recycling centres which are checked, cleaned and repaired and thus made ready for re-use will count towards recycling targets.

4.5 Although preparing-for re-use activities do not, strictly speaking, fall under the category of waste prevention, the Scottish Government considers that recognition needs to be given to the degree of priority that such activities have in the waste hierarchy. Accordingly, the Waste Prevention Programme will include details on the measures that Scottish Government intends to introduce to promote preparing for re-use activities, including, where appropriate, the establishment and support of re-use and repair networks. In addition, consideration will be given within the Waste Prevention Programme as to how preparing for re-use activities might contribute towards Zero Waste Plan recycling targets. 3 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs 5. RECYCLING AND COMPOSTING

5.1 Article 3 of the revised Waste Framework Directive defines Recycling as any recovery operation by which waste materials are reprocessed into products, materials or substances, whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels, or for backfilling operations. The same definition applies within the context of the Zero Waste Plan.

5.2 Article 11(1) of the revised Waste Framework Directive requires Member States to take measures that promote high quality recycling. In order to further this aim the Scottish Government intends to:  Use a carbon metric to sit alongside the use of tonnage as a performance measure and target. This will encourage greater levels of recycling of materials that have the greatest environmental impact. Details on how the Scottish Government intends to progress with development of the carbon metric and how it will be used can be found at section 11 of this Annex.  Introduce a general mandatory requirement for commercial and industrial waste producers to take steps to segregate/pre-sort and for waste collectors to separately collect food waste and recyclable waste such as paper, cardboard, metal, plastics and glass. The Scottish Government will consult separately on any new measures introduced to bring about this change. This is further explained in Annex C of the Zero Waste Plan.  Take a whole system approach and define good practice for waste and resource collection systems to optimise capture of recylclates and ensure that the quality of materials is not compromised.  Explore how legislative controls and/or other mechanisms might be used to set minimum standards of treatment where mixed waste treatment processes are used and how these minimum standards might be applied to recycling performance. Scope of Scotland’s Zero Waste Plan Recycling and Composting Targets:

5.3 When the announcement on Zero Waste was made to Parliament on 24 January 2008, the recycling and composting targets were applied to municipal waste and this was defined at the time as waste from households and commerce collected by or on behalf of local authorities. This was reflected in the consultation draft of the Zero Waste Plan. 4 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs

5.4 As there has been a shift in focus under Zero Waste Policy, to dealing with all wastes and not just those managed by local authorities, the Scottish Government has now reviewed its position and has decided that it would be more appropriate to set recycling targets against waste collected from households. Separate targets will be developed in due course for commercial and industrial waste streams.

5.5 As a consequence, the domestic 40, 50, 60 and 70% Zero Waste recycling, composting and preparing for re-use, targets will now apply to waste collected from households rather than municipal waste collected by local authorities.

5.6 Article 11(2) of the Waste Framework Directive requires Member States to take the necessary measures to achieve a target of 50% by weight by 2020 of the preparing for re-use and the recycling of waste materials such as paper, metal, plastic and glass from households and possibly from other origins where the waste materials are similar. Whilst the measurement methodology for this target has yet to be agreed both at the UK level, and between the UK and the Commission, the achievement of 60% recycling of waste from households by 2020, coupled with the introduction of landfill bans (see Annex C), is expected to provide a sufficient degree of comfort that the 50% revised Waste Framework Directive target will be met.

5.7 Separate Zero Waste recycling and composting targets will be developed for industrial and commercial waste streams (targeting specific sectors where appropriate) once improvements in commercial and industrial waste data have been secured through forthcoming data collection regulations. However, in the meantime, the Scottish Government will aspire to achieve an overall recycling and composting level of 70% and 5% (maximum) landfill for the total Scottish waste arisings by 2025.

5.8 Article 11(2)(b) requires Member States to achieve 70% recycling and recovery by weight of non-hazardous construction and demolition waste excluding naturally occurring material. This will include backfilling operations using waste to substitute other materials. The Scottish Government will aim to secure 70% recycling of construction and demolition waste by 2020 to contribute to achievement of the UK target. What is included in the measurement of the recycling target?

5.9 Where materials are collected from kerbside; recycling centres or points; or extracted through sorting, and processed into new products or materials, the weight of materials consigned to end-use reprocessor markets, appropriately adjusted to take account of any reject material, will count towards recycling performance. 5 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs

5.10 Where bio-wastes (food and green waste) are collected and treated in open windrow, In-Vessel Composters (IVC) or Anaerobic Digestion (AD) facilities the inputs to treatment processes will continue to count towards recycling and composting targets where PAS 100 compost or as appropriate PAS 110 digestate is produced and subsequently used.

5.11 The position on bio-waste counting towards recycling is supported by the European Commission in its Green Paper on the management of Biowaste in the EU. The Green Paper states: “Biological treatment (including composting and anaerobic digestion) may be classified as recycling when compost (or digestate) is used on land or for the production of growing media.

5.12 Where PAS 100 or PAS 110 material is produced, the process input tonnage will be counted towards recycling/composting target performance with appropriate adjustments being made to deduct the input equivalent weight from any reject materials that are consigned to landfill or incineration.

5.13 However, where non-PAS 100/110 material is produced and used under registered exemption (irrespective of whether it is sourced from treatment of biowaste material or MBT/MHT outputs) it is unlikely that the material will be classified as recycling in future. This is due to the material still being classified as a waste. This represents a change in approach informed from recent ECJ judgements and ongoing discussion at the UK and EU level concerning the waste hierarchy and what the revised Waste Framework Directive is trying to achieve.

5.14 For a different reason, a similar position is likely to be adopted in moving forward in relation to use of incinerator bottom ash and use of aggregate replacement material. While utilisation of these materials may constitute “recovery” it is unlikely that they will be considered “recycling”.

5.15 In addition, a range of other processes that result in the recycling of commercial and industrial waste need to be defined.

5.16 Whilst there is scope for member states to adopt their own targets, standards and measurement methodologies the question arises as to whether Scotland should aim to establish a degree of consistency in measuring progress between EU and domestic targets. In order to inform the best approach Scottish Government will undertake a review of how performance against domestic targets should be undertaken and will produce guidance by the end of 2010. This will be supplemented by guidance to be produced by SEPA on how local authorities record and report upon recycling/composting performance. 6 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs 6. RECOVERY TARGETS

6.1 In light of the change in approach and emphasis towards dealing with all wastes, and not just those wastes managed by local authorities, the Scottish Government intends to replace the 25% cap on local authority collected municipal waste treated in energy-from-waste plants.

6.2 The new approach will involve the introduction of a package of measures including:  Landfill bans on mixed unsorted waste;  Mandatory requirements being introduced to pre-sort recyclable materials;  Setting a limit on the biodegradable content of waste that can be landfilled; and  Restriction being placed on what can be incinerated.

6.3 The Scottish Government will consult separately on any new legislation it intends to introduce to give effect to the above noted measures. Annex C to the Zero Waste Plan provides more detail on this. In the interim period, the 25% cap on local authority collected municipal waste sent to energy-from-waste plants will continue to apply and local authorities should plan accordingly. Interim guidance on the 25% cap can be found at www.scotland.gov.uk/zerowasteplan. 7. LANDFILL DIVERSION TARGETS

7.1 Following discussion between the UK Government and the Commission concerning the scope of the UK definition of municipal waste and measurement of compliance against the Landfill Directive, agreement was reached to revise the 1995 baseline and targets. The revised baseline and targets for Scotland are shown in table 1.1 and it can be seen from this that the 2013 target has been met ahead of time but by 2020 Scotland needs to reduce the landfilling of biodegradable municipal waste to 1.26 million tonnes. This requires the diversion of an additional 530,000 tonnes of biodegradable municipal waste. 7 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs Table 1.1 1995 Baseline 2008 2010 2013 2020 Landfill Target Reduction 100% 75% 50% 35% Previous BMW Baseline (1995) and Targets 1.76 1.32 0.88 0.62 BMW landfill performance - previous definition 1.30 Additional diversion required to meet target 0 0.42 0.68 Revised 1995 Baseline and Targets 3.60 2.70 1.80 1.26 BMW landfill performance - new definition 1.79 Additional diversion required to meet target. 0 0 0.53 BMW: Biodegradable Municipal Waste Figures are in millions of tonnes

7.2 The measurement of Biodegradable Municipal Waste will include European Waste Catalogue (EWC) Chapter 20 wastes; and some EWC Chapter 15 and 19 wastes (insofar as they are similar in nature and composition to waste from households). SEPA will produce a methodology on the measurement of compliance against Landfill Directive targets by end of 2010.

7.3 A summary of the Zero Waste Plan targets encompassing both domestic and EU targets is provided at section 13 of this Annex for ease of reference. 8. DATA AND REPORTING

8.1 Data is required for a number of reasons, including:  To fulfil reporting requirements under the EU Waste Statistics Regulation.  To monitor and report on progress towards meeting EU Landfill Directive targets on biodegradable municipal waste landfill diversion.  To monitor and report on progress towards meeting the revised Waste Framework Directive (WFD), Article 11 targets, including the 2020 target to recycle 70% of construction and demolition waste.  To monitor and report on the contribution all wastes can make in meeting Climate Change and Renewable Energy targets.  To monitor progress towards Zero Waste plan recycling and composting targets.  To help local authorities and businesses obtain reliable information on waste materials which could be prevented, reused, recycled or recovered.  To inform future policy development designed to further reduce the amount of waste sent to landfill and increase resource utilisation. 8 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs  To inform effective planning for provision of waste treatment infrastructure and assist in building investor confidence.

8.2 Local authority progress towards the recycling/composting and other targets will continue to be recorded by SEPA using the WasteDataFlow system http://www.wastedataflow.org/ and performance reports will be produced on a quarterly and annual basis and be available at http://www.sepa.org.uk/waste/waste_data/municipal_waste.aspx .

8.3 Waste data and trends (including commercial and industrial waste data) will be produced by SEPA and published in the form of Waste Data Digests http://www.sepa.org.uk/waste/waste_data/waste_data_digest.aspx together with associated key fact sheets, summaries and trends.

8.4 In moving forward with implementation of the Zero Waste Plan SEPA will focus attention, in particular, on improving the quality of commercial and industrial data. This will include making use of Regulations to be made under the Climate Change (Scotland) Act by October 2010, establishing a mandatory requirement for businesses receiving waste data requests from SEPA to complete them. This will be exercised in line with better regulation principles. However, in the short term Scottish Government will liaise with SEPA and the waste management industry to scope out improvements that could be secured using voluntary means.

8.5 SEPA will produce a revised Waste Data Strategy outlining the steps and timescales for improving commercial and industrial waste data by the end of 2010. 9. WASTE DATA REQUIREMENTS

9.1 In discussions with SEPA, the Scottish Government has identified the need to collect robust data on:  Waste from Households;  Commercial and Industrial Waste (including that collected by local authorities, but excluding construction and demolition waste); and  Construction and Demolition Waste.

9.2 This will align data with the sources of waste that will be targeted by policies, campaigns, targets, landfill restrictions and other interventions designed to optimise resource utilisation in line with Zero Waste Plan aims and objectives. However, in order to manage the transition between old and new definitions for municipal waste SEPA will continue, in the short-term, to monitor and report “Municipal Solid Waste” recycling and “Biodegradable Municipal Waste” diversion from landfill as previously defined i.e. municipal waste managed by or on behalf of local authorities.

9.3 Future data for all waste streams shall be collected and published quarterly and/or as appropriate annually. Audits will be carried out on waste producers, local authorities and/or waste management facilities as necessary. 9 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs

9.4 In the medium to long-term SEPA will move towards collecting and publishing information on the individual material streams (e.g. paper, glass) in Scottish waste. This data will be required to enable progress against Zero Waste Plan aims and objectives to be monitored as well as ensuring that revised Waste Framework Directive requirements are fulfilled.

9.5 Through improvements in the data collected, SEPA will aim to produce data that provides a better understanding of the flow of materials through the waste management system. This will assist with planning for future waste infrastructure needs.

9.6 SEPA will also produce, publish and maintain waste infrastructure maps and supporting local waste data facts to assist with waste planning and to help build investor confidence. These will be available at http://www.sepa.org.uk/waste/waste_infrastructure_maps.aspx

9.7 In addition, SEPA will, on behalf of Scottish Government, prepare Scotland’s contribution to UK reporting on meeting the targets in accordance with Article 37 of the Waste Framework Directive as well as producing waste data returns to the Commission under the EU Waste Statistics Regulation.

9.8 A summary of the Scottish Government’s data needs is provided at section 12. 10. COMPOSITIONAL ANALYSIS

10.1 Information on the composition of waste can be used by both national and local governments and by the waste management industry to inform waste management policy and practice.

10.2 During 2008-09 the Scottish Government arranged for WRAP (now Zero Waste Scotland) to undertake a macro level study of the composition of local authority collected municipal waste in Scotland. The final report which was published in April 2010 can be found at: http://www.zerowastescotland.org.uk/document.rm?id=8938. As progress is made on the journey towards Zero Waste the Scottish Government will arrange for further compositional analyses to be undertaken on a periodic basis.

10.3 It is important to note that the Scotland level compositional analysis of municipal waste collected by local authorities does not circumvent the need for individual authorities to undertake analysis to meet local information needs. Local authorities have a need to understand the impact of waste collection operational practice and other interventions on landfill diversion and recycling performance and this necessitates periodic bespoke compositional analysis to be undertaken to provide the necessary management information. Details of a standardised methodology for undertaking compositional analysis can be found at http://www.sepa.org.uk/waste/waste_publications/idoc.ashx?docid=7d7026d7- 6715-4c95-bac2-128bada54a02&version=-1. 10 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs

10.4 In moving forward on the journey towards Zero Waste the Scottish Government and its delivery partners will take a more holistic approach and focus attention on all wastes – not just those wastes managed by local authorities. In order to do so, better data and information on commercial and industrial waste and construction and demolition waste streams will be required, including information on the composition of those wastes.

10.5 Scottish Government will lay regulations under the Climate Change Act waste provisions which will enable SEPA to require waste producers, waste management companies and other waste holders to provide information on the wastes that they generate, hold or manage. In addition to this, the Scottish Government will consider along with its Zero Waste Scotland Delivery Programme partner how information obtained by SEPA on commercial and industrial waste can be supplemented by compositional analysis. 11. CARBON METRIC

11.1 The Zero Waste consultation exercise highlighted a general view that using waste tonnage as a basis for measuring recycling does not always promote waste prevention, reduction and re-use and does not focus recycling towards the waste material with greatest environmental impact. At the same time there are clear reasons to maintain the use of weight as a measure and target as it is universally understood and forms the basis for meeting EU waste directive requirements. The use of any new metric needs to be consistent with the Scottish Government’s goal of valuing resource not waste, and prioritise the prevention, reuse and recycling of waste with the greatest environmental impact.

11.2 Developing a metric that truly reflects the environmental value or impact of recycling is challenging, as many variables need to be considered. During the consultation to the Zero Waste Plan some respondents suggested a new metric could be developed that uses greenhouse gas (GHG; CO2 equivalent) emissions as a basis, linking in to the need to address climate change as a priority.

11.3 With the principles above in mind, the Scottish Government is developing a resource displacement carbon metric. Materials recycled in Scotland replace, in manufacturing, the use of materials from primary production processes that result in the emission of greenhouse gases into the atmosphere elsewhere in the world. The new metric will recognise that the production of different primary materials produce different quantities of such emissions and will value recyclate accordingly. For example, a tonne of aluminium collected from the waste stream in Scotland will displace the need for primary production of aluminium in another part of the world. 11 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs

11.4 Some recyclate can replace different materials, depending on the quality of the recyclate collected. The carbon metric will recognise that the different primary materials being replaced may have different environmental impacts, for example the production of virgin glass leads to more emissions than the production of the same weight of aggregate, therefore the metric will value the closed-loop recycling of glass more highly that the use of mixed glass cullet as an aggregate replacement, as the benefit of closed-loop recycling of glass is greater.

11.5 In order to calculate the new metric, the tonnage of each material arising in the waste stream, and the tonnage of each material recycled, will be weighted before the recycling percentage is calculated. Weightings will be derived from the greenhouse gas emissions that occur during the production of the virgin material that a tonne of recyclate would replace. Aluminium, whose production is the most carbon-intensive, has been allocated a weighting of 100, with other material weightings calculated relative to aluminium, using greenhouse gas emission figures. The greenhouse gas emission figures and the derived weightings can be seen in table 1. A key observation is that manufactured materials have a greater weighting, in particular, metals, glass, plastics and paper. Table 1: Weighting Factors for the Carbon Metric 2 Material GHG Emissions Weighting Comments from Virgin Factor Material attributed to Recyclate (kg CO2e per tonne (Max = 100) recyclate) Aluminium (cans and foil) 9132 100.0 Mixed Cans 5700 62.4 Ferrous Metals (inc steel 4239 46.4 cans) Metals recovered from 3740 41.0 incineration residue Other Scrap Metal 3700 40.5 Mixed Plastics 1340 14.7 Values for separated plastics will be developed Paper 1080 11.8 Books 1080 11.8 Mixed Paper and Card 1050 11.5 Card 980 10.7 Sorted Glass 838 9.2 To closed loop recycling 2 The greenhouse gas emissions figures are derived from draft research being carried out by Zero Waste Scotland, and may be subject to change. Final figures and weightings will be published by the Scottish Government at the end of the development phase of the metric. 12 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs Material GHG Emissions Weighting Comments from Virgin Factor Material attributed to Recyclate (kg CO2e per tonne (Max = 100) recyclate) Mixed Glass 36 0.4 To replace aggregate unless evidence is available otherwise Wood 138 1.5 Food Waste (to AD) 157 1.7 Food Waste (composted) 24 0.3 Garden Waste (to AD) 117 1.3 Garden Waste 24 0.3 (composted) Mixed Food and Garden Not yet available 1.3 Currently as garden Waste (to AD) waste Mixed Food and Garden Not yet available 0.3 Currently as separate Waste (composted) food and garden waste Aggregate (Rubble) 2.3 0.03 Incineration residue (ash) 2.6 0.03 Textiles and Footwear Not yet available Furniture Not yet available Plasterboard Not yet available Soil Not yet available WEEE Not yet available Other Recyclable 0 0 It is not currently Materials e.g. mattresses, possible to quantify oils, batteries the presence of certain materials that arise in small quantities in the waste stream Other Non-Recyclable 0 0 As these materials are Materials not recyclable their weighting is 0 13 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs

11.6 The carbon-weighted recycling percentage will be calculated, using the weighting factors in table 1, in the following manner: 1. The tonnage of each material arising in the waste stream will be calculated using total waste arisings and waste composition data3; 2. The tonnage of each material arising is weighted by multiplying the tonnage by the largest weighting factor for that material (e.g. closed- loop recycling for glass or anaerobic digestion for food and garden wastes); 3. The tonnage of each material recycled is weighted by multiplying the tonnage recycled by the weighting factor appropriate to the recycling route for that material (e.g. mixed glass is weighted using the weighting where it replaces aggregate, while sorted glass is weighted for closed loop-recycling; 4. The final recycling figure is calculated as the sum of the weighted recycling figures divided by the sum of the weighted arisings figures, expressed as a percentage. Table 2 below shows, as an example, the carbon-weighted metric applied to Scotland’s municipal waste4 (2008/09) and compares this with the traditional tonnage-based recycling metric.

11.7 Figure 1 presents a graph of the data in table 2, summarised by broad material classes, and compares the carbon-weighted and tonnage-based metrics. “Recycling efficiency” indicates the percentage of each material that was recycled in Scotland in 2008/09. “Recycling potential” shows the potential contribution of each material to theoretical overall recycling performance achieved if the all materials that could be recycled were recycled with 100% efficiency 5 and the effect of the weighting on the contribution of the key material groups to recycling potential. “Recycling performance 2008/09” shows the contribution of each material to Scottish recycling in 2008, using both the standard tonnage-based metric6 and the carbon weighted metric. 3 For municipal waste the material composition of the waste stream will be from the WRAP report “The Composition of Municipal Waste in Scotland” http://www.zerowastescotland.org.uk/msw_scotland.html unless a local report is available and its methodology accepted by SEPA. 4 This is municipal waste as previously defined, that is municipal waste managed by, or on behalf of, local authorities. 5 As recycling potential is calculated on the basis of arisings it assumes recycling is through the route with the maximum benefit (e.g. closed-loop recycling or anaerobic digestion) and that incineration does not occur. 6 Use of material specific data means that the overall recycling percentage varies from the recycling percentage published by SEPA. 14 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs Figure 1: Comparing Recycling Performance According to the Carbon- Weighted and Tonnage-Based Metrics 100.0 Other Materials (10)

90.0 Incineration residue (ash) Aggregate (rubble) 80.0 Wood

70.0 Food and Garden Waste (Total) Recycling Performance (%) Glass (Total)

60.0 Plastics (Total) Metals (Total) 50.0 Paper and Card (Total) 40.0 30.0 20.0 10.0 0.0 Tonnage Carbon-weighted Tonnage Carbon-weighted Recycling Potential Recycling Performance 2008/09

11.8 Scottish recycling performance in 2008/09 according to the tonnage- based metric in 2008/09 was 33%, but using a carbon-metric it was 27%. If, however, effort was prioritised toward the recycling of materials with the greatest benefits a different consequence of using the carbon-weighted metric can be seen. If even 90% of material in each of the three groups with the greatest benefit are recycled (that is the largest weighting factors: paper and card, metals and plastic) the recycling percentage achieved would be 87% using the carbon-metric, but require the collection of only 31% of total waste arisings by tonnage.

11.9 This metric is still under development and will need further work. The Scottish Government will arrange for a task and finish group comprising experts and practitioners to take forward development of the carbon metric.

11.10 After this development period Scottish Government would aim to report recycling performance in both weight and carbon metric terms. We would then look at what actions could be taken to increase performance against this metric. The data on the materials that make up Commercial and Industrial waste are not sufficiently developed to apply this metric to Commercial and Industrial wastes immediately, but it is the intention of the Scottish Government that the metric will be used for all Scottish waste streams by 2025. 15 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs Table 2: Comparison of Recycling Performance According to the Carbon-Weighted and Tonnage-Based Metrics Material Stream Municipal Municipal Current Recycling Potential 7(%) Recycling in 2008/09 (%) Waste Waste Recycling Arisings Recycled or Efficiency Composted (%) (thousand (thousand Tonnage Carbon- Tonnage8 Carbon- tonnes) tonnes) weighted weighted Paper 528 128 16.1 26.7 3.9 6.5 Mixed Paper and Card # 103 # # 3.1 5.1 Books # 1 # # 0.0 0.0 Card 170 28 5.2 7.8 0.9 1.3 Paper and Card (Total) 698 260 37.2 21.2 34.5 7.9 12.9 Ferrous (steel) Cans # 5 # # 0.1 0.9 Other Scrap Metal 69 33 2.1 12.0 1.0 5.6 Mixed Cans 63 6 1.9 16.9 0.2 1.6 9 9 9 Incineration ash (metal) 3 0.1 0.5 Non-ferrous (aluminium) # 1 # # 0.0 0.5 cans Metals (Total) 132 47 35.7 4.0 28.9 1.4 9.2 Plastics 310 17 5.5 9.4 19.6 0.5 1.1 7 This is the theoretical maximum achievable if 100% of all recyclable materials are recycled or composted by the route with the maximum benefit. 8 Use of material specific data means that the overall recycling percentage varies from the recycling percentage published by SEPA. # Certain sub-categories for which recycling data is collected by SEPA were not analysed separately in the municipal waste composition study, or are not applicable to the study of waste composition (most mixed categories, as the waste was sorted for the composition analysis, and incineration residues), and are not therefore applicable to waste arisings. These categories are books (included as paper), mixed paper and card (sorted), ferrous and non-ferrous cans (included as mixed cans), mixed glass (sorted) and mixed food and garden waste (sorted). as these wastes were sorted for the analysis of municipal waste composition. 9 There are no incineration residues in arisings, as no incineration has occurred at this point. As recycling potential is calculated on the basis of arisings incineration residues are not applicable, and are unlikely to represent the recycling route with the greatest benefit. 16 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs Material Stream Municipal Municipal Current Recycling Potential 7(%) Recycling in 2008/09 (%) Waste Waste Recycling Arisings Recycled or Efficiency Composted (%) (thousand (thousand Tonnage Carbon- Tonnage8 Carbon- tonnes) tonnes) weighted weighted Sorted Glass 248 66 7.5 9.8 2.0 2.6 Mixed Glass # 36 # # 1.1 0.1 Glass (Total) 248 102 41.2 7.5 9.8 3.1 2.7 Garden Waste (AD) 431 None 13.1 2.4 None None Garden Waste Not best 322 Not best Not best 9.8 0.4 (composted) treatment treatment treatment method method method Food Waste (AD) 581 None 17.7 4.2 None None Food Waste (composted) Not best Not reported Not best Not best Not reported Not reported treatment separately treatment treatment separately until separately method until 2009/10 method method 2009/10 until 2009/10 Mixed food and garden # None # # None None waste (AD) Mixed food and garden # 63 # # 1.9 0.1 waste (composted) Food and Garden Waste 1,012 386 38.1 30.8 6.6 11.7 0.5 (Total) Wood 91 68 74.9 2.8 0.6 2.1 0.4 Aggregate (rubble) 138 97 70.6 4.2 0.0 3.0 0.0 17 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs Material Stream Municipal Municipal Current Recycling Potential 7(%) Recycling in 2008/09 (%) Waste Waste Recycling Arisings Recycled or Efficiency Composted (%) (thousand (thousand Tonnage Carbon- Tonnage8 Carbon- tonnes) tonnes) weighted weighted 9 9 9 Incineration residue 11 N/A 0.3 0.0 (ash) Other Materials 10 659 111 N/A 20.1 0.0 3.4 0.0 Total Waste / Overall 3,288 1,099 N/A 79.9 100.0 33.4 26.8 Percentage recycled 10 For the purpose of the carbon-weighted metric “other materials” are considered non-recyclable, although in reality some may be e.g. mattresses, oils, batteries. These recyclable materials cannot be included in carbon-weighted metric as their presence in municipal waste has not been adequately quantified. This position may be revised if additional data becomes available. Their contribution to current recycling performance according to the tonnage metric is bordered by a dotted line in figure 1. A similar section, bordered by a dotted line, is shown for recycling potential, however not all of the materials in this category are potentially recyclable, therefore the maximum recycling rate, according to the tonnage-based metric, would never reach 100%. 18 of 20 B3918261 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs 12. SUMMARY OF DATA REQUIREMENTS

12.1 Scottish Government’s specific data requirements are summarised in the table below: Total Scottish waste arisings. Waste from households managed by, or on behalf of, Scottish local authorities.  Waste from households arising, split by waste management method and local authority.  Waste from household arisings, split by local authority, expressed in kg/capita/year. Scottish waste arisings and waste management method, split by waste from households; commercial and industrial; and construction and demolition. Scottish construction and demolition waste arisings, split by management method. Scottish recycling and composting, split by waste from households; commercial and industrial (excluding construction and demolition); and construction and demolition. Household recycling and composting rates, split by local authority – measured both in terms of tonnage and carbon. Scottish waste incineration, split by waste from households; commercial and industrial; and construction and demolition (inputs to incinerators). Scottish waste landfilled, split by waste from households; commercial and industrial; and construction and demolition. Biodegradable municipal waste (new definition) landfilled in Scotland, split by waste from households and commercial and industrial. Special waste produced in Scotland. Waste imports and exports, split by management method. Scottish packaging waste arisings. Household recycling collection numbers and methods, split by local authority.

12.2 Data on the management of Scottish waste has been produced by SEPA to support the Zero Waste Plan. This has been published on the SEPA website at http://www.sepa.org.uk/waste/waste_data/zero_waste_plan_data.aspx 19 of 20 Scotland’s Zero Waste Plan – Annex - A – Zero Waste Targets and Data Needs 13. SUMMARY TARGETS

13.1 A summary of the Zero Waste Plan targets is provided in the table below: Target/Cap Year Derivation 40% recycling/composting and 2010 Scottish Government preparing for re-use of waste from target. households.11 No more than 2.7 million tonnes of 2010 Article 5(2) of the EU biodegradable municipal waste to be Landfill Directive.13 sent to landfill.12 50% recycling/composting and 2013 Scottish Government preparing for re-use of waste from target. households10 The preparing for re-use and the 2020 Article 11(2)a of the EU recycling of 50% by weight of waste Waste Framework materials such as paper, metal, plastic Directive.5 and glass from household waste and similar. No more than 1.8 million tonnes of 2013 Article 5(2) of the EU biodegradable municipal waste to be Landfill Directive.3 sent to landfill.2 60% recycling/composting and 2020 Scottish Government preparing for re-use of waste from target. households.10 No more than 1.26 million tonnes of 2020 Article 5(2) of the EU biodegradable municipal waste to be Landfill Directive.3 sent to landfill.2 70% recycling and preparing for re- 2020 Article 11(2)(b) of the use of construction and demolition revised EU Waste waste.10 Framework Directive.14 No more than 5% of all waste to go to 2025 Scottish Government landfill. target 70% recycling/composting and 2025 Scottish Government preparing for re-use of all waste by target. 2025. Scottish Government June 2010 11 Target and measurement expressed in terms of both tonnage and, from 2013, using the carbon- weighted metric. 12 Revised target derived from re-based 1995 BMW landfill figure of 3.6 million tonnes. 13 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999L0031:EN:NOT. Target performance measured as landfilling of EWC Chapter 15 (packaging ; selected categories that are similar in composition to household waste); Chapter 19 (selected categories that are similar in composition to household waste); and Chapter 20, all relative to a 1995 baseline. 14 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:312:0003:0003:EN:PDF 20 of 20 ADDENDUM Following a review of planning policy in 2014, the guidance in Annex B of the Zero Waste Plan was superseded, and local planners should now refer to Scottish Planning Policy <http://www.scotland.gov.uk/ Publications/2014/06/5823> (with particular reference to pages 41-44) to guide them in their planning and delivery of waste management capacity.” Scotland’s Zero Waste Plan – Annex – B – Role of land-use planning to deliver Zero Waste – FINAL Annex - B ROLE OF LAND-USE PLANNING TO DELIVER ZERO WASTE 1. AIM OF THE ANNEX

1.1 The planning system has a crucial role in delivering waste management facilities for all waste to ensure the objectives and targets of the Zero Waste Plan are met. Moving to zero waste means more facilities will be required to collect, sort, reuse, recycle and process waste. There will also be opportunities to harness heat and power generated from waste recovery processes. This annex provides the link between the Zero Waste Plan objectives, the National Planning Framework, Scottish Planning Policy, Planning Advise Note 63 (PAN 63) and information on roles and responsibilities. 2. ROLE OF LAND-USE PLANNING IN DELIVERING ZERO WASTE SCOTLAND

2.1 The planning system must support European Union Directives, noted in section 3, that require Member States to achieve a number of requirements and targets to move away from landfill and instead recover value and resources from all waste. Meeting those requirements and targets, and domestic targets set by Scottish Government will require action by the planning system to identify sufficient land allocations for more sustainable waste management infrastructure for all wastes.

2.2 Planning proactively for waste management is an opportunity to join-up significant environmental, energy and economic benefits. Circular 1/2009: Development Planning1 expects waste management to be a principal topic of strategic development plans (SDPs) and that they may be site specific especially where there are no realistic alternative sites. For SDPs and local development plans (LDPs), planning authorities are required to have regard to the Zero Waste Plan. Additionally, Scottish Planning Policy (SPP),2 states that development plans need to focus on site allocation at the local level, and take local responsibility for treatment and disposal to fulfil the need for waste management provision. It states that development plans must provide for the development of new waste management infrastructure covering all forms of waste, not just municipal waste, through policy, site allocations and action programmes in order to meet expected future waste infrastructure needs, drawing on data provided by SEPA. Local development plans should identify a plentiful supply of employment and industrial land as a network of sites suitable for waste management uses, consistent with SPP, to ensure private sector competition, as not all industrial sites will be developed for waste management uses. 1 http://www.scotland.gov.uk/Publications/2009/02/13153723/0 2 http://www.scotland.gov.uk/Resource/Doc/300760/0093908.pdf 1 of 9 B3905418 Scotland’s Zero Waste Plan – Annex – B – Role of land-use planning to deliver Zero Waste – FINAL

2.3 The waste hierarchy is the bedrock of waste management policy and is reflected in SPP. Planning decision-making should, for all new developments, not just waste facilities, recognise the hierarchy’s preference for prevention, reduction, reuse, recycling and energy recovery over waste disposal. 3. THE STATUTORY CONTEXT AND PLANNING REFORM

3.1 The revised EU Waste Framework Directive (WFD) [Directive 2008/98/EC]3 establishes the legislative framework for the handling of waste in the European Union. It sets out requirements in relation to waste management and planning. Article 16 (1) states: “Member States shall take appropriate measures, in cooperation with other Member States where this is necessary or advisable, to establish an integrated and adequate network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including where such collection also covers such waste from other producers, taking into account best available techniques.”

3.2 The WFD states that Member States must have a National Waste Management Plan or Plans. Article 28(3) (d) states that waste management plans must have: “…sufficient information on the location criteria for site identification and on the capacity of future disposal or major recovery installations, if necessary”.4 3. 3 In practice, the EC recognises that the WFD can be fulfilled by Scotland’s tiered system of planning which includes national waste documents and development plans. The EC also recognises that the review of plans can incur time-lags in the light of changes to higher level plans. In any event local development plans must now be replaced every 5 years5. The National Waste Management Plan for Scotland Regulations 2007 6 give the responsibility for preparing the National Waste Management Plan to the Scottish Ministers. For planning purposes the Zero Waste Plan, will constitute the National Waste Management Plan along with the following:  The National Planning Framework.  Scottish Planning Policy.  Planning Advice Note 63 ( including revised versions). 3 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:312:0003:0030:EN:PDF 4 “Disposal” includes landfill sites and some incineration facilities. Annex II to the Waste Framework Directive gives a non-exhaustive list of recovery operations. This “includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or above: 0,60 for installations in operation and permitted in accordance with applicable Community legislation before 1 January 2009. 0,65 for installations permitted after 31 December 2008.” 5 http://www.scotland.gov.uk/Publications/2009/02/13153723/5 6 http://www.opsi.gov.uk/legislation/scotland/ssi2007/ssi_20070251_en_1 2 of 9 B3905418 Scotland’s Zero Waste Plan – Annex – B – Role of land-use planning to deliver Zero Waste – FINAL  SEPA waste data sources: including Waste Data Digests, Local Waste Management Reports, Site Capacity and Infrastructure Reports and Maps.  SEPA Thermal Treatment of Waste Guidelines 2009. 3. 4 and will replace the following:  The National Waste Plan and 11 Area Waste Plans 2003.  Household Waste Prevention Action Plan (Scotland) 2007.  Business Waste Framework for Scotland 2007. 4. ROLES

4.1 The Planning etc. (Scotland) Act 2006 introduced a fundamental and comprehensive reform of the planning system in Scotland, aimed at bringing about a more inclusive and efficient planning system, to support the Scottish Government’s central purpose of sustainable economic growth.

4.2 The Scottish Planning Circular Series contains Scottish Government policy on the practical implementation of this legislation and associated procedures. Circular 1/2009: Development Planning and Circular 4/2009: Development Management Procedures outline the main responsibilities for planning authorities, in delivering a genuinely plan-led modernised planning system and efficient processes for development management. Other circulars provide support in a range of other relevant topic areas such as the Hierarchy of Developments (Circular 5/2009), EIA (Circular 8/2007) and SEA (Circular 1/2010).

4.3 Central to the ethos of planning reform is that efficient and effective stakeholder involvement is secured throughout the new planning system. Additionally, as a matter of good practice, planning authorities should seek to identify opportunities that provide the best solutions locally in delivering the objectives of the Zero Waste Plan. There are some basic expectations on planning authorities and other stakeholders, which should provide the basis for delivering zero waste through development plans and development management. These are outlined below:- Role of Planning Authority (Development Plan)

4.4 Scottish Planning Policy (SPP) requires that all development plans must identify appropriate locations for all waste management facilities, allocating where possible specific sites and providing a policy framework which supports the development of these facilities. A strategic development plan (SDP) should reflect that requirement where neighbouring authorities work together to develop shared strategic waste infrastructure. A further role particularly for the spatial strategy and vision statements of local development plans is to facilitate and enable the prevention, reuse, recycling and recovery of waste from all types of development. Supplementary guidance may be used to provide further information or detail on policies and proposals in SDPs 3 of 9 B3905418 Scotland’s Zero Waste Plan – Annex – B – Role of land-use planning to deliver Zero Waste – FINAL and LDPs provided that these are specifically identified in the development plan.

4.5 It is crucial to the delivery of the Zero Waste Plan to ensure that sustainable waste management is fully considered in all new development. Development plans should include policies to require all new developments (including commercial, business, industrial and residential) to demonstrate that they can minimise the generation of waste during the construction and operational phases e.g. through the use of Site Waste Management Plans. The design of new developments to facilitate sustainable waste management can maximise recycling and recovery opportunities and enable efficient storage and collection of separate waste streams.

4.6 Identifying Potential Waste Management Sites: Modern waste management infrastructure is designed and regulated to high standards and is similar to other industrial processes. Subject to detailed site specific considerations, waste management facilities can be considered appropriate for sites allocated in development plans for employment and industrial use. Development plans must safeguard all active and consented waste management sites and identify appropriate locations for all waste management facilities, where possible on specific sites or supported by a policy framework to facilitate development.

4.7 Care should be taken to ensure that allocations for adjacent sites do not compromise waste handling operations. Where appropriate, sufficient land should also be identified to enable existing waste handling installations to expand without being constrained by adjoining land uses.

4.8 Every effort should be made to ensure that proposed waste management facilities for all wastes are consistent with neighbouring local authority approaches in order to provide adequate capacity. Where local authorities are working singly or in collaboration to address their waste responsibilities, this may be discharged in the development plan or through joint development plan approaches, with site allocations informed by evidence on waste data flows in and out of the plan area. The types, quantities and geographical destinations of imported and exported wastes are contained in SEPA’s Area Waste Management Reports which are further outlined in section 4.19.

4.9 The following locational criteria should be considered by planning authorities and developers when identifying and assessing sites for waste management facilities to ensure that they support waste infrastructure investment and are in the most appropriate locations. More detailed guidance will be provided in PAN 63. 1. Potential Sites Potential suitable sites for waste management activities include:  Industrial areas  Degraded, contaminated or derelict land  Working and worked out quarries 4 of 9 B3905418 Scotland’s Zero Waste Plan – Annex – B – Role of land-use planning to deliver Zero Waste – FINAL  Sites that have the potential to maxmise the potential for the re-use of waste heat through co-location with potential heat users  Existing or redundant sites or buildings that can be easily adapted  Existing waste management sites, or sites that were previously occupied by waste management facilities  Sites accessible to railways, waterways or the trunk and principal road network junctions. 2. Links to Transport Infrastructure Relevant considerations in the siting of installations will include access to the transport network, including road, rail and waterways. All decisions regarding the location of waste management infrastructure should take into consideration how wastes and end products are transported to and from the site, minimising unnecessary travel. 3. Impact on Environment As with all other types of development, proposed waste management facilities should be located in sites where potential impacts on the human, built and natural environment can be minimised. There may be a requirement under the Environmental Impact Assessment (Scotland) Regulations 1999 for an Environmental Impact Assessment (EIA) to be prepared to assist in the consideration of any potential likely significant environmental impacts. 4. Heat and Power Use Any sites identified specifically for energy from waste facilities (including combustion of biogas resulting from Anaerobic Digestion treatment) should allow links to be made to potential users of renewable heat and energy. Such schemes are particularly suitable in locations where there are premises nearby with a long-term demand for heat. A heat plan should be provided by the applicant when planning permission is sought for energy from waste facilities. Sufficient space should be provided within the application site for any equipment required to export heat from the site, including space for future pipe work taking heat off-site. When new development is planned in the vicinity of an existing or consented energy from waste facility, developers and planning authorities should consider how best to ensure these new developments are designed and conditioned to use the heat, for example in district heating schemes. This is a requirement of the Climate Change (Scotland) Act 2009 (Chapter 3). 5. Construction and Demolition Waste Development plans should identify suitable sites for the processing of all waste types, including construction and demolition wastes. Suitable sites for construction and demolition waste could include existing minerals workings or industrial sites. Opportunities may exist to recycle construction and demolition waste either close to where it 5 of 9 B3905418 Scotland’s Zero Waste Plan – Annex – B – Role of land-use planning to deliver Zero Waste – FINAL arises with mobile crushing plant on site or at a temporary or permanent processing site. Role of Planning Authority (Development Management)

4.10 The planning system has an important role in supporting the achievements of the Zero Waste Plan through its influence on the location, layout and design of all new developments, not just waste management facilities and the provision of the required waste management installations.

4.11 Decisions on waste management facilities should be taken following liaison with local authority waste managers and contribute towards the delivery of the Zero Waste Plan. Role of Local Authority (Waste Managers)

4.12 Local authority waste managers should be involved in the preparation of development plans and be consulted on relevant planning applications. Waste managers should advise on the existing provision in an area; likely future requirements for new facilities to deal with all waste arisings in relation to the Authority’s own waste strategy; and also how developers can make provision for collection, segregation and storage of waste within new developments prior to treatment. Role of Developers

4.13 Against the provisions of the development plan for the area, developers should refer to information contained within section 3.3 to help them identify the most appropriate locations for proposed waste management facilities, and how building design and layout of all new developments must take account of waste management. Applications should be supported by the information statutory consultees and decision takers require.

4.14 Developers should submit a Site Waste Management Plan (SWMP) as part of planning applications for all development types, not limited to but including waste management facilities. SMWPs provide construction businesses, their clients and designers with cost saving opportunities and a structured approach to waste management on site. More detailed guidance is provided in PAN 63.

4.15 Developers also have a responsibility to consult on their proposals in order to comply with statutory consultation requirements or informal engagement as outlined in PAN 817. 7 Planning Advice Note 81 Community Engagement – Planning With People http://www.scotland.gov.uk/Publications/2007/03/09095010/0 6 of 9 B3905418 Scotland’s Zero Waste Plan – Annex – B – Role of land-use planning to deliver Zero Waste – FINAL Role of Members of the public and community groups

4.16 Members of the public and community groups have an important role in the planning system and are encouraged to get involved in the development planning process and planning applications. When responding to plans and applications it is important that they ensure that responses are focused on planning issues as in this way they may be considered a material consideration. Responses should take in to consideration both the local and strategic waste management needs. SEPA have provided fact sheets on some of the key waste management and treatment processes required to meet Zero Waste objectives8 which may help in understanding plans and proposals. Role of Planning Committees

4.17 Local authority councillors have an important role in planning. It is therefore vital that elected members involved in taking decisions on development plans and on planning applications under the new planning system, understand the role the planning system plays in relation to local and strategic waste management needs. The Improvement Service 9 has programmes dedicated to elected member development. Role of Scottish Environment Protection Agency (SEPA)

4.18 SEPA is a key agency and will engage with planning authorities on waste management early on in development plan preparation, and as a consultee on waste management planning applications. SEPA’s role is to enable waste to be minimised and will provide an overview of all related waste issues from potential licensing issues and the mitigation of environmental impacts arising from waste management facilities.

4.19 In summary SEPA will provide: 1. Waste Data and Infrastructure Maps SEPA collects and interprets waste management data for Scotland, and as such, will provide tailored advice to planning authorities and developers. SEPA publishes a wide range of information which should be used by planning authorities and developers when planning for waste. Full details will be in the forthcoming PAN 63, including:  Area Waste Management Reports10.  National Capacity database11.  Landfill capacity report12.  Waste Infrastructure Maps13.  Annual waste data digest14. 8 http://www.sepa.org.uk/waste/information__resources/resources.aspx 9 http://www.improvementservice.org.uk/elected-members-development/ 10 http://www.sepa.org.uk/waste/waste_data/waste_data_reports/waste_management_reviews.aspx 11 http://www.sepa.org.uk/waste/waste_data_1/site_capacity__infrastructure.aspx 12 http://www.sepa.org.uk/waste/waste_data_1/site_capacity__infrastructure.aspx 13 http://www.sepa.org.uk/waste/waste_infrastructure_maps.aspx 7 of 9 B3905418 Scotland’s Zero Waste Plan – Annex – B – Role of land-use planning to deliver Zero Waste – FINAL 2. Assistance in preparation of Development plans SEPA provides an independent assessment of development plans in a national and local context. SEPA has a duty to co-operate in the preparation of development plans, and hence the early engagement of SEPA is essential to enable waste management to be integral to the plan. Through this process of engagement, SEPA will ensure the development plan delivers the required waste management infrastructure and the objectives of the Zero Waste Plan by drawing attention to key issues, and recommending amendments where required. Where insufficient sites for waste management have been identified, or where the principles of sustainable waste management set out in the Zero Waste Plan are not clearly identified, SEPA will object to the development plan and assist the planning authority in resolving any issues. 3. Responses to Development Management Consultations SEPA will engage proactively at pre-application stage with regard to waste management development proposals until development plans have been updated to reflect the Zero Waste Plan objectives. In the longer term SEPA’s role in commenting on waste management planning applications, consistent with applications for all types of development proposals, will be proportionate to the quality of the information provided to support applications and to development plans which adequately implement the Zero Waste Plan objectives. However, SEPA will still comment as required by planning authorities on planning applications for major and national waste management proposals in order to continue their role in fulfilling Scotland's Zero Waste objectives. Further details on SEPA’s role in planning for waste, is available on SEPA’s website. SEPA will advise on matters they can control by licence or permit condition and subsequent monitoring and enforcement in order to provide clarity to planning authorities and developers and avoid duplication of controls. SEPA will assist the process by providing waste data, including:  Waste types and quantities.  Site infrastructure capacity.  Treatment techniques.  Processes and pollution controls.  Emissions from the site to air, water or land. SEPA will comment on layout and design of non-waste applications to minimise the generation of waste, and ensure that the necessary infrastructure for waste management is built into new developments. 14 http://www.sepa.org.uk/waste/waste_data_1/waste_data_digest.aspx 8 of 9 B3905418 Scotland’s Zero Waste Plan – Annex – B – Role of land-use planning to deliver Zero Waste – FINAL 4. Public Education and Awareness All stakeholders have a role to play in raising awareness and changing behaviour and attitudes relating to sustainable waste management. SEPA will continue to act in an advisory role regarding waste infrastructure, and take part in capacity building at each planning authority, and with the waste industry, to improve early public engagement with waste planning activities including development plans and development management applications. 5. Permits and Waste Management Plants When dealing with waste management licensing and permitting applications, SEPA will consult with the Food Standards Agency, the local authority, the Health Board and any other person that the Scottish Ministers may direct to ensure that any health issues are properly considered and dealt with. Once the facility is operational, SEPA will monitor and enforce standards as necessary. Scottish Government June 2010 9 of 9 B3905418 Scotland’s Zero Waste Plan – Annex – C –Landfill Bans and Supporting Policies Annex C LANDFILL BANS AND SUPPORTING POLICIES 1. INTRODUCTION

1.1 The Zero Waste Plan indicates that the Scottish Government intends to put landfill bans and associated measures in place to deliver on the commitment to achieve a zero waste society. This Annex sets out how landfill bans have been considered; what they are expected to achieve; and how Scottish Government intends to put landfill bans and supporting measures into practice.

1.2 The purpose of banning certain waste from landfill is twofold: firstly, to ensure that materials which could have been recycled are not disposed of in landfill; and secondly, to protect the environment from the impacts of waste disposal in landfill. 2. BACKGROUND AND OVERVIEW OF RESEARCH FINDINGS

2.1 In 2009 the Scottish Government, along with other administrations, commissioned research on the feasibility of landfill bans as a policy approach. This report can be found at: http://www.wrap.org.uk/wrap_corporate/publications/landfillban.html

2.2 The research was undertaken by Eunomia Research and Consulting and considered two approaches to landfill bans: 1. A ban on unsorted waste; and 2. A ban on biodegradable waste.

2.3 An important conclusion reached within the research was that landfill bans can be successful in achieving the desired outcomes when accompanied by a package of additional supporting measures.

2.4 The research also highlighted the importance of timing and sequencing when introducing landfill bans. Introducing a ban on biodegradable waste before, or even at the same time as a ban on unsorted waste, could lead to over supply of residual waste treatment facilities. Put simply, landfill bans alone will not lead to high reuse and recycling rates. It would result in a shift from landfill to residual waste treatments such as Mechanical Biological Treatment (MBT) and Energy from Waste (EfW) facilities.

2.5 The risk is that residual waste treatment prices fall and undermine the economics of Zero Waste Scotland policy aims which give prominence to waste prevention, re-use and closed-loop recycling activities which maximise value-chain opportunities.

2.6 EfW has an important role to play and can make a positive contribution to both renewable energy and climate change targets. However, in order to 1 of 8 B3935430 achieve the high levels of prevention, reuse and recycling outlined in the Zero Waste Plan it is imperative that materials that could be reused or recycled are not directed to mixed waste treatment facilities such as EfW facilities.

2.7 The Scottish Government considers that there is a need to adopt an approach that prevents valuable resource going to landfill, reduces Scotland’s climate change impact, and supports high re-use and recycling rates for all waste. Consequently, the Scottish Government intends to introduce regulatory changes that will drive the following: 1. Source segregation and separate collection of specific materials. 2. Placing restrictions and only allowing suitable waste types to be treated in energy from waste plants. 3. Ban specific materials from landfill. 4. Place a limit on the biodegradable content of waste which can be landfilled. These actions should not be seen in isolation but as part of a package of complementary and supporting measures. The undernoted flow chart illustrates how waste materials flow through the waste management system – from waste production and sorting of materials through to intermediate treatment, recovery and disposal. Figure 1 – Waste Flows and Policy Interventions Scotland’s Zero Waste Plan – Annex – C –Landfill Bans and Supporting Policies

2.8 This Annex provides a high level outline explaining how the Scottish Government expects landfill bans and associated measures will work in practice. In the Autumn of 2010 Scottish Government intends to initiate a consultation on the introduction of landfill bans. This will include legislative proposals and the aim will be to put regulations in place in 2011. 3. SUMMARY OF REGULATORY CHANGES Source segregation and separate collection of specific materials

3.1 The overall objectives of separate collection are:  to increase the quantity of recyclable materials collected.  to improve the quality of recyclable materials by minimising contamination.  to support stable market demand for high quality, high value recyclable materials. Intended Approach

3.2 The aim would be to take forward legislative measures to require source segregation and separate collection of priority wastes. This could be delivered through amendments to existing statutory mechanisms including Section 34 of the Environmental Protection Act 1990 and the associated Environmental Protection (Duty of Care) Regulations.

3.3 The amendments to the Duty of Care legislation would require (a) producers to segregate recyclable materials and for these to be separately collected; and (b) confirmation being provided on duty of care transfer notes that waste materials have been separately collected, or as appropriate, how they can be subsequently treated.

3.4 The intention is that a requirement be introduced to collect the undernoted wastes separately: 1. Food waste, from households and business sectors, such as commercial kitchens, hospitality sector, food retailers and manufactures. 2. Materials such as paper/card, metals, plastics, textiles and glass from all sources.

3.5 In taking forward any mandatory requirements to collect materials separately, Scottish Government will have regard to:  practicalities and the likely timescales required to introduce treatment infrastructure such as Anaerobic Digestion facilities to treat the collected food waste; and  whether differential sorting requirements are required for local authorities as collection authorities; private waste carriers; 3 of 8 B3935430 commercial/industrial waste producers; and construction and demolition waste producers. Restricting Inputs to Energy from Waste Facilities (Incineration, Gasification or Pyrolysis)

3.6 The objectives of this measure would be to:  ensure that waste materials which could have been reused or recycled are not incinerated;  complement the source segregation and landfill ban measures and ensure that waste management in Scotland does not simply move one step up the hierarchy from landfill to incineration; and  replace the 25% energy from waste cap for local authority collected municipal waste with an approach that requires equivalent treatment standards for all waste streams and sectors (household, commercial and industrial waste), irrespective of which party collects the waste.

3.7 It is important to note that the purpose of this restriction is to conserve resources rather than adding to current stringent environmental protection measures. The existing Waste Incineration Directive standards and controls are designed to protect the environment and human health. Intended Approach

3.8 Thermal Treatment plants are regulated under the Pollution Prevention and Control Regulations 2000 (PPC) by Scottish Environment Protection Agency (SEPA). Regulatory controls could be introduced to ensure that any waste being treated at energy from waste facilities does not include waste which could have been reused or recycled. This would require amendment of the Pollution Prevention and Control Regulations 2000 to give SEPA clear statutory powers to set and enforce appropriate PPC permit conditions limiting incinerator inputs to:  Residual wastes i.e. waste remaining after all reasonable efforts have been made to separate out recyclable materials.  Other suitable waste types where treatment in incinerators is justified on environmental, health or safety grounds. For example, it might be better to burn waste types such as treated wood, sewage sludge and waste oil and to recover heat and power.

3.9 To support the regulatory requirements consideration will be given to the establishment of an accreditation scheme whereby wastes could be certified to be residual. This would assist operators of EfW installations to ascertain whether the waste arriving at their gate had undergone sufficient pre-treatment to be considered residual. This work will be taken forward by Zero Waste Scotland and SEPA working with the industry. Scotland’s Zero Waste Plan – Annex – C –Landfill Bans and Supporting Policies

3.10 In moving forward, the Scottish Government will decide whether a transition period should be allowed for existing waste incineration installations to comply. Flexibility would also need to be considered in situations where it would not be environmentally or economically practical to place restrictions but the onus would be placed firmly on the operator to provide evidence that this was justified.

3.11 A flow diagram illustrating how the residual/reject waste material will flow through the system to energy from waste facilities is shown at figure 2. Figure 2 – Energy from Waste Policy Flow Chart 5 of 8 B3935430 Ban specific materials from landfill

3.12 Landfill bans are designed:  to recognise and conserve the resource value of priority waste streams such as plastic, paper, metal, food; and  to protect the environment from the harmful effects of landfilling particular types of waste e.g. limit on biodegradability. Intended Approach

3.13 Regulations could be introduced to:  establish material and property based bans over the next 5 to 10 years.  ensure the source segregation of recyclable waste streams is not undermined and that as much recyclable material is recovered from the mixed waste stream as possible.  reduce the biodegradable content of waste to protect the environment from greenhouse gas emissions.

3.14 Under these proposals, it is envisaged that very little waste will be transported directly from producer to landfill. Source segregated materials will be diverted to appropriate end-use re-processor markets. The remaining waste will be pre-treated to extract the remaining recyclable materials, produce Refuse Derived Fuel (RDF) and reduce biodegradability of any residual waste that is landfilled. These flows are illustrated in Figure 1. Landfill Bans - Material Bans - Source Segregated Wastes

3.15 The source segregation requirements set out in Section 3.1 - 3.5 provide a clear driver for waste recycling by delivering high quality materials onto the market. Thereafter, it is important that measures are introduced to ensure that materials are not subsequently remixed or disposed of to landfill. Such practice would undermine public confidence in recycling and zero waste policy.

3.16 The timeline for landfill bans must therefore be tied directly into the source segregation requirements detailed in section 3.1 – 3.5. It is considered that requiring source segregation of the key materials (e.g. food waste and dry recyclates) before the corresponding landfill ban comes into effect will give the industry time and confidence to develop the treatment infrastructure required. A possible timeline is illustrated in Figure 3 below. Scotland’s Zero Waste Plan – Annex – C –Landfill Bans and Supporting Policies Figure 3 – Example of matching material bans with source segregation requirements 01/04/2013 01/04/2015 01/04/2017 Requirement to Sort - Landfill Ban - biodegradable Dry Recyclables Source Segregated Dry Recyclates waste ban 01/04/2010 01/04/2017 01/04/2015 01/04/2013 Landfill ban – Requirement to Sort – Source Segregated Food Waste Food Waste Landfill Bans – Property Based Ban – Biodegradability

3.17 A ban on biodegradability, when matched with source segregation, performs two key functions;  acts as a requirement to pre-treat all residual waste and unsorted waste (i.e. where source segregation is unreasonable); and  protects the environment from the harmful effects of greenhouse gas emissions.

3.18 Such a ban would require that wastes are treated to reduce the biodegradability of the landfilled fraction, either by producing a residual waste stream for incineration (Refuse Derived Fuel) or by removing recyclable materials and biologically treating the remainder.

3.19 It is likely that Mechanical Biological Treatment (MBT) facilities will provide the bulk of this treatment. These processes are regulated by SEPA either under Pollution Prevention Control (PPC) or Waste Management Licensing (WML) Regulations. The biodegradability ban would be implemented after the material bans because it would have the most significant implications for infrastructure and landfill practice. This is also shown in Figure 3. Intended Approach

3.20 The ban on biodegradable waste would be effectively implemented through the following measures: 1. A clear ‘threshold’ being established, in terms of respirometry, which, for the purposes of the measure, denotes the level at which waste is no longer to be considered as ‘biodegradable’. 2. A certification scheme being introduced for MBT plants which seek to meet the threshold. 7 of 8 B3935430 3. A requirement to specify on the Waste Transfer Notes whether waste had been pre-treated at authorised facilities or was otherwise deemed to satisfy requirements. 4. Landfill operators would be required to inspect Waste Transfer Notes to check that the waste is compliant. Any ‘black bag’ type waste would be rejected and directed to either incineration or accredited MBT plants. Scottish Government June 2010