Review of the Environmental Protection (Controlled Waste) Regulations 2004 STAKEHOLDER CONSULTATION SUMMARY REPORT

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Review of the Environmental Protection (Controlled Waste) Regulations 2004 STAKEHOLDER CONSULTATION SUMMARY REPORT

EXECUTIVE SUMMARY

This report provides an overview of the submissions received by the Department of Environment and Conservation (DEC) in response to the first phase of stakeholder consultation for the review of the Environmental Protection (Controlled Waste) Regulations 2004 (Regulations).

A total of 85 stakeholders responded either by phone, in writing or through participation at a workshop or meeting during the stakeholder comment period. This included the submission of 42 Stakeholder Comment Forms to DEC.

BACKGROUND – REVIEW PROCESS

On 12 October 2009, DEC commenced a 17-week stakeholder consultation period on the review of the Regulations. At the commencement of the consultation period, DEC mailed out consultation information packages to 450 stakeholders in the controlled waste industry and industry associations. This included waste generators, carriers, disposal and treatment operators, other government agencies and industry associations. The stakeholder packages contained an overview of the review process and a Stakeholder Comment Form for stakeholders to complete and return to DEC. This consultation period closed on 29 January 2010.

The Stakeholder Comment Form listed 12 key issues which DEC had identified regarding the Regulations, and outlined some proposed solutions to resolve these issues. Administrative amendments to the Regulations were detailed in Issue 13. General comment was also invited on the Regulations procedures and policies.

In addition, to the mail-out, DEC advertised the Regulation review process on its website, by way of a media release on 29 October 2009 and advertisements in The West Australian newspaper on 14, 16 and 21 October 2009.

On 9 December 2009, DEC held a workshop with stakeholders to discuss proposed changes to controlled waste driver licensing requirements, and to review controlled waste driver training needs. An invitation to participate in this workshop was extended to 150 waste transport companies. Thirty industry members attended and participated in the workshop. A report detailing the information collated during the workshop was circulated to the workshop attendees on 22 March 2010. The information and comments collected during that workshop have been included in this report.

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Industry members who were unable to attend the workshop were encouraged to complete the Stakeholder Comment Form to ensure their views were recorded. The Stakeholder Comment Form addressed the discussion points focused on during the workshop.

Further to consultation with stakeholders from the waste transport industry and industry associations, DEC also liaised with other government agencies, including the Departments of Health, and Mines and Petroleum. This consultation will continue throughout the review process to address and resolve issues.

In addition to the stakeholder consultation, DEC has also reviewed and taken into consideration:

• relevant controlled/hazardous waste legislation and policies in other states and territories, to evaluate how these systems may, where suitable, be adopted in Western Australia;

• evaluation of the Regulations in meeting the desired environmental outcomes of the National Environment Protection (Movement of Controlled Wastes Between States and Territories) Measure (NEPM);

• the draft Waste Strategy for Western Australia, DEC; and

• the National Waste Policy — Less Waste More Resources, Department of the Environment, Water, Heritage and the Arts.

OVERVIEW OF STAKEHOLDER COMMENTS

A summarised overview of the stakeholder submissions received during the consultation period is provided below. The submissions are grouped according to issues outlined in the Stakeholder Comment Form and the overview includes DEC’s response to the submissions.

In some cases, the submissions indicated clear agreement with the proposed changes and DEC will include a proposed amendment to the Regulations. Some issues resulted in a wide range of comments, or raised additional questions, which are reflected in DEC’s response to seek additional information and further investigate options, prior to drafting proposed amendments to the Regulations.

A detailed summary of submissions data is available on DEC’s website at

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ISSUE 1

Modify the titles and numbers of the existing waste categories to align with the NEPM and initiate the use of United Nations (UN) numbers.

Summary of stakeholder comments

Stakeholders agreed with moving to align Western Australia with the national waste code system used under the NEPM and the use of the more universal UN numbering system.

Approximately 24 per cent of stakeholders requested that DEC provide specific clarification on a variety of different waste types and how to accurately categorise these.

DEC response

DEC will include this change in the proposed amendments to the Regulations. DEC agrees that some waste categories will require specific clarification. This information will be incorporated into the new controlled waste category list to provide industry with more descriptions and clarity on the waste types.

ISSUE 2

Remove the words “bulk” and “packaged” from the Regulations and instead describe wastes as either Schedule 1 or Schedule 2. This change will involve the division of the current list of controlled wastes detailed in Schedule 1 of the Regulations, into two new separate schedules.

A total of 79 per cent of stakeholders agreed with the principle of removing the “bulk” and

“packaged” terminology from the Regulations and providing a risk assessment for categorising controlled wastes that will relate to transport requirements.

DEC response

DEC will consider the development of a risk-based assessment for the transportation of controlled wastes. A review of risk-based waste categorisation used by other states and territories, and a comparison with the dangerous goods coding system, is also being undertaken. The development of an appropriate schedule(s) and waste category list will then be finalised.

ISSUE 3

Allow for carrier, driver and vehicle licences to be issued for periods of up to five years. This flexibility will also allow multiple licence holders to align all their licence expiry dates.

One hundred per cent of stakeholders welcomed this proposed change to the Regulations to reduce the administrative burden of the current annual licensing arrangements. Stakeholders generally agreed to either a three or five year licence period. Some stakeholders requested retaining an option for a 12-month licence period.

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DEC response

DEC will include this change in the proposed amendments to the Regulations. A review of the licence fees for extended licence periods will also be undertaken, to take into account administrative savings that can be made through issuing licences for periods of more than 12 months. This change will bring DEC’s system into line with comparable systems, such as dangerous goods licensing where licenses are issued for periods up to three years.

ISSUE 4

A controlled waste carrier licence will not be required when transporting less than 200L/kg of controlled waste in a load. Persons or organisations transporting these small volumes will be required to comply with a new section of the Regulations that will place specific obligations on them to ensure this waste is transported safely to an appropriate disposal or treatment location.

Responses to this issue were divided, with 41 per cent of stakeholders agreeing with a 200-250L/kg cut-off threshold, 53 per cent of stakeholders suggesting different cut-off thresholds, and six per cent providing general comments.

The stakeholders who suggested a different cut-off threshold varied widely and appeared to be affected by the type of waste the respondent carried. Further analysis determined that, of the 53 per cent who wanted the cut-off threshold changed, 50 per cent specifically asked for the cut-off to be based on a risk assessment approach. The remaining 50 per cent of stakeholders were divided equally between wanting a higher cut-off threshold and a lower or zero limit.

DEC response

As for Issue 2, DEC will further investigate threshold limits used under the dangerous goods system and for controlled wastes transported in other states and territories to clarify this issue.

This will assist in determining if an appropriate threshold limit can be agreed for all waste types, or if different threshold limits for different waste types are required.

A number of stakeholders raised the risk-based approach for licensing thresholds. This will result in differential threshold limits for licences and controlled waste tracking forms (CWTFs), based on the waste being transported.

ISSUE 5

An interstate/territory driver or carrier undertaking intrastate waste transport within WA may have their interstate/territory controlled waste equivalent licences recognised if they submit a notice to DEC in accordance with the terms of the Mutual Recognition Act 2001.

A total of 89 per cent of stakeholders agreed with the proposed principle to ensure consistency among operators. Stakeholders considered that all carriers and drivers transporting waste in Western Australia should be subject to the same obligations.

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DEC response

In line with the NEPM, carriers and drivers transporting controlled wastes into, or out of, Western Australia can do so with their licence issued by the jurisdiction where the transporter is established for business purposes.

DEC will develop proposed amendments to the Regulations and a policy in accordance with the terms and conditions of the Mutual Recognition Act 2001 to ensure that all carriers and drivers operating in Western Australia are subject to the same obligations.

ISSUE 6

As industry requires regular access to training courses, DEC will investigate options to outsource controlled waste driver training and refresher courses to an accredited external training provider to increase training professionalism and effectiveness, and provide more flexible methods of course delivery.

A number of different requirements for training courses were provided by stakeholders. Sixty per cent of stakeholders were supportive of the training course being accredited. DEC received mixed responses in regard to whether on-line, computer-based driver training would be appropriate. Some stakeholders considered this could be applicable in certain situations, such as for refresher training or regional areas that do not have adequate access to training facilities. Many stakeholders felt that drivers attending in-person training provided more benefit.

DEC response

DEC will consider the stakeholder comments and work towards accreditation of a controlled waste training course and continue to investigate the use of external training providers. DEC will also pursue the use of computer-based learning options as appropriate. Changes to the delivery of a driver training course can be made without any amendment to the Regulations.

ISSUE 7

All drivers who transport 200L/kg or more of a Schedule 1 controlled waste must hold a controlled waste licence, regardless of whether the waste is transported in bulk liquid waste tanker or package/container.

Over 80 per cent of stakeholders supported the concept that all drivers need some training to understand their obligations under the Regulations. Submissions where divided evenly as to whether all drivers (bulk and packaged) of certain categories of controlled waste require a controlled waste driver’s licence. Various comments were provided regarding the potential implications of this proposed change. Issues raised by stakeholders to this proposal were similar to those provided in Issue 4.

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DEC response

Similar to the outcomes identified for Issues 2 and 4, DEC will further investigate threshold limits used under the dangerous goods system and for controlled wastes transported in other states and territories to clarify this issue.

This will assist in determining if an appropriate threshold limit can be agreed to for all waste types, or if different threshold limits for different waste types are required. A number of stakeholders raised the risk-based approach for licensing thresholds. This would result in differential threshold limits, based on the risk of the waste being transported.

ISSUE 8

All vehicles and tankers will be required to submit proof of current vehicle registration and provide a recent Certificate of Vehicle Inspection issued by the Department of Transport, with their application to DEC for a controlled waste licence or registration. All vehicles will be required to display a new placarding system showing the UN number of the controlled waste being transported.

The majority of stakeholders agreed with the principle of ensuring that vehicles have adequate signage and are in a roadworthy condition. However, 20 per cent of stakeholders raised objections to the proposed change, mainly citing potential problems with UN number signage on mixed packaged loads and the burden of proving road worthiness, especially in regional areas. Some stakeholders also felt that the requirement to obtain a Certificate of Vehicle Inspection from Department of Transport (DoT) was an additional unnecessary burden.

DEC response

DEC will proceed with the requirement for all types of vehicles and tankers to provide proof of current vehicle registration papers. DEC will further review the requirement for a Certificate of Vehicle Inspection, how an assessment of roadworthiness can be achieved and how the proposed new signage conditions can best be managed when mixed loads of controlled waste are transported.

ISSUE 9

Restrict the number of CWTFs a carrier can be issued with in either paper or electronic form, at any one time.

The majority of stakeholders did not comment on issues associated with CWTF use.

However, 30 per cent made comments regarding the completion of CWTFs on time, with several regarding the waste disposal/treatment plant operator’s completion of CWTFs in a timely manner.

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DEC response

As this proposed change involves an administrative process, no amendment to the Regulations is required. DEC will proceed with changes to the management of CWTFs in both paper and electronic formats to implement this proposal.

This will include capping the number of CWTFs that a carrier can have open, or be issued with at any one time. DEC agrees with industry in that this process change encompasses both the waste carrier and waste disposal site/treatment plant operators’ use of CWTFs. These areas will be addressed together with the proposed administrative changes.

Changes to the management of CWTF use will commence in 2011. Further advice to industry will be provided at this time.

ISSUE 10

Carriers will be invoiced and required to pay the relevant fee when they are initially issued with paper or electronic CWTFs instead of when they complete and submit the CWTFs to DEC.

DEC will investigate options for online ordering of CWTFs and payment options, including credit card, direct debit and cheque facilities.

There were a variety of responses in the submissions regarding this issue. Some stakeholders considered that this proposal for upfront payment was unreasonable for carriers who pay their accounts on time. Some stakeholders agreed with this proposal, if a simple ordering system is adopted and CWTFs issued in a suitable turnaround time.

DEC response

As this proposed change involves an administrative process, no amendment to the Regulations is required. The current Regulations allow DEC to request the scheduled fee for a CWTF when it is issued. DEC will make initial changes to the current invoicing arrangements for CWTFs. A CWTF invoice will be generated when a CWTF is initially activated/opened in the electronic Controlled Waste Tracking System (CWTS), or a paper CWTF is entered in to the CWTS, rather than the when the CWTF is closed. The current invoice payment terms of 30 days will continue to apply.

Changes to the invoicing arrangements will commence in 2011. Advice to industry will be provided prior to these changes coming into effect.

The longer term goal for DEC is to achieve an upgrade of its financial systems to allow for the ability to receive orders for CWTFs and request upfront payments for CWTFs prior to issuing electronically.

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ISSUE 11

Allow up to seven days for the carrier, driver, and disposal site to meet their obligations under the Regulations when waste is delivered to an unattended disposal site and review reporting arrangements for carriers disposing of controlled waste to sewer access points, to resolve the duplication of reporting to both the Water Corporation and DEC.

The majority of stakeholders indicated that seven days is sufficient time to meet their obligations under the Regulations for un-manned sites. Over 80 per cent agreed that it was appropriate for drivers to acknowledge delivery of waste at un-manned sites on the CWTF.

The comments indicated that drivers needed training in this process.

DEC response

DEC will include this change in the proposed amendments to the Regulations to allow seven days for meeting the requirements for nominated un-manned disposal sites, and will allow drivers to acknowledge the delivery of waste to these nominated un-manned disposal sites on the CWTF.

This change will relate to a risk assessment of the controlled wastes being transported, similar to DEC’s response to Issues 2 and 4. For compliance and auditing purposes, a provision for DEC to request the relevant information on a load of controlled waste prior to the seven day allowance will be included in the proposed amendments.

DEC will also review and implement streamlined reporting arrangements when controlled waste is disposed to a Water Corporation site, to remove the duplication in reporting to both DEC and the Water Corporation.

ISSUE 12

How can DEC, through the Regulations, recognise, promote and facilitate re-use, recovery and recycling of controlled waste.

Stakeholders provided a range of comments related to re-use, recovery and recycling of controlled waste.

DEC response

DEC will continue to investigate re-use, recovery and recycling of controlled waste and will consider the comments and suggestions received. A review of controlled waste re-use, recycling and recovery in other jurisdictions has been undertaken. DEC will consider a proposed amendment to the Regulations to facilitate and allow controlled wastes being directly re-used in specific circumstances to be exempt.

This concept of direct beneficial re-use is consistent with the clauses provided for in the NEPM and those used in other states and territories.

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ISSUE 13

The current Regulations do not accommodate a range of administrative and compliance matters (a range of issues were listed in the Stakeholder Comment Form).

Stakeholders supported the proposals to provide clarification to certain aspects of the Regulations and simplify some elements. Stakeholders requested that they have an opportunity to review the proposed amendments prior to finalisation.

DEC response

DEC will include proposed amendments to the Regulations to accommodate a range of administrative and management issues. Stakeholders will be provided with an opportunity to comment on these changes when the proposed amendments have been drafted.

GENERAL COMMENTS

Stakeholders should have an opportunity to submit any general comments on the Regulations and associated processes.

A range of responses were provided by stakeholders, which have generally been addressed in Issues 1 to 12 above. A small number of stakeholders specifically requested information in regard to the temporary storage of controlled waste and how the Regulations applied in this area.

DEC response

DEC will review these submissions in line with drafting proposed amendments to the Regulations to ensure the relevant comments have been addressed.

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KEY FINDINGS

There were several consistent themes in the submissions, which are outlined below:

• risk assessment of waste streams that translate directly to waste transport, licensing and CWTF requirements

• carriers’ need for clarification and further information on current regulatory requirements—

several stakeholders raised issues that are already incorporated in the current Regulations

• different views across industry in terms of licensing and training requirements dependent on whether waste transporters operated liquid waste tankers or transported drums/containers and other types of solid controlled waste

• focus on non-compliant generators, transporters and disposal/treatment sites

• the need to ensure a level playing field for all carriers.

As part of this review process, DEC will address these themes in its proposed amendments to the Regulations and supporting procedures and policies.

WHERE TO NOW?

This stakeholder consultation has provided useful information for DEC to consider in proposed amendments to enable change in two areas.

• Non-legislative changes to administrative practices, procedures and policies:

These include proposed changes outlined in Issue 6 (changes to the controlled waste driver training course), Issue 9 (management of CWTFs) and Issue 10 (adjustments to invoicing arrangements). DEC will commence changes to these processes in 2011. Advice to industry will be provided at this time.

• Legislative changes—amendments to the Regulations:

After consideration of the stakeholder submissions, drafting of the proposed amendments to the Regulations will commence.

A new controlled waste category list, guidelines for waste generators, carriers, drivers and disposal/treatment plants will also be developed concurrently to support the proposed amendments.

DEC will undertake a second round of stakeholder consultation once the proposed amendments to the Regulations have been drafted. It is anticipated that this consultation will take place in 2011.

CONCLUSION

DEC would like to thank all those participants who contributed their time in providing input into this review process.

This stakeholder consultation has provided valuable information for DEC to consider and incorporate into the proposed amendments to the Regulations and associated processes, policies and procedures. This input will assist in improving the Regulations.