EIC assesses impact of the Landfill Directive on the remediation of contaminated land

One of the key elements of the draft Landfill Regulations, included in the

consultation paper as the Government intends to introduce the finalised regulations

quickly as the legislation is already late, is that new landfill sites will

have to be licensed under the regime from now on and existing landfills have

to be compliant with the regime within eight years.

Landfill categories

Landfills are to be categorised into three classes – hazardous, non-hazardous

and inert. There will probably be very few hazardous waste landfills in the

UK and their “gate charges” will increase sharply, plus haulage distances

will probably rise. It will be especially important to minimise the volume of

contaminated soil classed as hazardous waste for disposal and to ensure that

the classification is correct. Contaminated soils will be identified as hazardous

waste in the EU Hazardous Waste List from 2002 if they contain “dangerous

substances” in concentrations such that the soil has certain hazardous

properties. This is a complicated classification procedure that needs simplification.

One way to help guide users through the complex classification procedure would

be the issuance of practical guidance from the EA, but none is actively in preparation.

Pre-treatment to reduce a classification from hazardous to non-hazardous will

be important in minimising disposal costs.

The higher landfilling costs will encourage the use of treatment or containment

options but the overall cost of remediation will frequently rise and may constrain

brownfield re-development, possibly placing the Government’s targets in jeopardy.

In-situ treatment should not be affected by the new regulations but, of concern,

the replacement of treated soil after ex-situ treatment may be considered as

waste disposal requiring a landfill permit.

The hazardous waste and in situ remediation issues are key to the UK’s contaminated

land remediation industry and EIC, which voices the remediation industry’s view

through its Contaminated Land Worksop Group, will be meeting the key DEFRA and

EA officials over the coming weeks to seek clarification on these issues and

alterations to the Regulations to ensure that they do not damage land remediation.