The Landfill Directive: A Consultation Paper

CHAPTER 2: THE CHALLENGE

How much waste can be landfilled?

2.1 Before we can establish how much waste can be landfilled, we need to know how biodegradable municipal waste is defined, since this determines exactly what wastes are covered by the targets.

What is municipal waste?

2.2 "Municipal waste" is defined in the Landfill Directive as "waste from households, as well as other waste, which because of its nature or composition, is similar to waste from households". The Scottish Executive’s preliminary view is that this should be interpreted as household waste and any other waste under the control of local authorities or their agents acting on their behalf.

2.3 Such an interpretation would be consistent with the definition used by the UK for the purposes of providing data to EUROSTAT and the OECD on its municipal waste arisings in 1995.

What is biodegradable waste?

2.4 We also need to establish the type and amount of municipal waste considered to be "biodegradable". The Directive defines biodegradable waste as "waste that is capable of undergoing anaerobic or aerobic decomposition, such as food and garden waste, and paper and paperboard".

2.5 The data in Table 1 are derived from the Environment Agency’s National Household Waste Analysis project. This suggests that about 60% of all municipal waste is biodegradable, and this figure has been used as a working assumption by the consultants who developed the options for DETR (see paragraph 3.1) and in this paper. The actual biodegradable content of municipal waste will vary at the local level depending upon the characteristics of the local population and whether any biodegradable or non-biodegradable components of the waste stream have been removed at source (eg paper or glass) This may need to be taken into account when refining the chosen instrument to limit landfill.

TABLE 1

2.6 Data needs, including what data on biodegradable wastes are needed to ensure compliance with the instrument used to limit landfill, are summarised in Chapter 5.

2.7 Views are invited on whether data from other sources supports the analysis of the biodegradable content for municipal waste and the figure of 60% as a national average. What existing data could be used to help track the biodegradable content of municipal waste over time?

How much waste can be landfilled?

2.8 Having considered what is meant by "biodegradable municipal waste", it is possible to translate the targets in the Directive into the amount (in tonnes) of biodegradable municipal waste that can be landfilled in future years.

2.9 The targets are based on the amount of biodegradable municipal waste produced by the UK in the baseline year, 1995, or "the latest year before 1995 for which standardised EUROSTAT data is available". EUROSTAT have indicated to the DETR that the amount of municipal waste produced by the UK in 1995 was 29 million tonnes, but implied that they do not have data to show how much of this waste was biodegradable.

2.10 This figure of 29 million tonnes corresponds with the figure submitted by the UK to fulfil reporting requirements by the OECD and EUROSTAT on the amount of municipal waste produced nationally in 1995.

2.11 Estimates of how this relates to the Directive’s targets are set out in Box 2.

BOX2

How much waste needs to be diverted?

2.12 We can estimate how much waste needs to be diverted away from landfill as a result of the targets:

• The UK currently landfills around 27 million tonnes of its municipal waste each year. Assuming 60% of this is biodegradable, we would need to divert at least: 3.2 million tonnes of biodegradable municipal waste each year to meet the first target; 7.5 million tonnes of biodegradable municipal waste each year to meet the second target; and 10.1 million tonnes of biodegradable municipal waste each year to meet the third target.

2.13 There are a number of uncertainties surrounding this estimate. It assumes that the amount of municipal waste produced in the UK per annum in future does not vary. But it is difficult to predict trends in municipal waste arisings over the next few years. The draft National Waste Strategy for Scotland suggests that the amount of municipal waste is currently growing by around 2% per year. If this emerges as a trend, it could be slowed or reversed by waste minimisation incentives and initiatives such as the Packaging Waste Regulations and landfill tax.

2.14 Moreover, changes to the composition of municipal waste stream could occur over time, in terms of the amount and type of biodegradable waste fractions. For instance, the paper and card fraction in municipal waste may drop as the effect of the Packaging Regulations becomes apparent, affecting the biodegradable content of municipal waste and hence the amount needing to be diverted.

2.15 The initial view of the Scottish Executive is that it is preferable to have a mechanism based on the amount of biodegradable municipal waste to be landfilled, rather than the amount of waste to be diverted away from landfill.

2.16 Views on this approach, supported by data and information, are invited.

Will the UK utilise the four-year extension to the target dates?

2.17 The Directive provides that the deadlines for meeting each of the three targets can be extended by up to four years for Member States which landfilled more than 80% of their municipal waste in the baseline year (see Box 1).

2.18 Since the UK landfilled over 80% of its municipal waste in 1995, the baseline year, it is the Scottish Executive’s preliminary view that the UK qualifies for this exemption and has the option of postponing each of the targets by up to four years. More time to meet the targets is desirable to develop sufficient capacity in recycling and composting, as well as energy recovery. Without this time, there is a risk that collection and recycling/composting infrastructure will not be sufficiently developed, and a dash to energy from waste could result. The Scottish Executive considers the development of a full range of alternatives to landfill to be its principal aim in considering whether to use the extension to the targets. Its initial view is that the full four years will be needed for this.

2.19 The derogation which allows an extension to the deadlines is available to Member States. As the UK is the member state a decision to apply the derogation would have to be taken at a UK level. Therefore the derogation could not be taken in Scotland if it was not taken in the rest of the UK. If the derogation is taken it would however be open to the Scottish Parliament to aim to meet the targets ahead of the extended deadlines if it so wished.

2.20 Should the UK make use of the 4-year extension to the targets? Please support your views with data and argumentation. If the extension is taken should the Scottish Parliament aim to meet the original targets?