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Dept for Environment Food and Rural Affairs

Answer

Tom Brake: To ask the Secretary of State for Environment, Food and Rural Affairs what criteria the Environment Agency applies in deciding to apply the legally binding sanctions available to them to locate the final destinations of construction materials containing dioxins from toxic fly ash. [5853] Mr. Meacher: [holding answer 20 July 2001]: Fly ash containing air pollution control residues is generally classified by the Environment Agency as a "special waste". This means that its consignment from an incinerator, and any subsequent transfers as a waste, are subject to the requirements of the Special Waste Regulations 1996 and the duty of care imposed by section 34 of the Environmental Protection Act 1990. Under the Special Waste Regulations, each consignment of special waste must be pre-notified to the Environment Agency and must be accompanied by a consignment note which describes its hazardous properties. The Environment Agency does not have a legal duty to enforce the duty of care under section 34 of the 1990 Act but has a right of access to the records held by those subject to it. The guidance in DOE Circular 19/91 (paragraph 35) envisages that the Agency will pursue breaches of section 34 and seek access to these records where it suspects (a) that waste has not been transferred to an "authorised person" or (b) an actual or potential breach of section 33 of the 1990 Act. However, there are circumstances in which waste may cease to be a waste (eg it is used in the manufacture of building products) and at this point the Environment Agency's responsibilities for the enforcement of waste management controls also cease.

Secondary information

Type

Written question

Reference

5853; 372 c1068-9W;372 c1069W

Session

2001-02

Subjects

Construction Hazardous substances Incinerators Location Materials Waste management Waste Dioxins

Link

View this Written question on www.publications.parliament.uk