East Sussex and Brighton & Hove Local Plan

Part 2: IMPLEMENTING THE WASTE LOCAL PLAN STRATEGY

Chapter 7: Other

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Chapter 7: Other wastes

Introduction 7.1 Other wastes include hazardous and clinical wastes, which require more stringent handling and treatment than other ‘controlled’55 wastes, and mineral, agricultural and wastes, which are not classified as controlled wastes. This chapter describes the types of more specialised wastes that are produced in the Plan area, together with relevant policies against which proposals will be assessed by the WPAs. Applications will be assessed against the provisions of the whole Development Plan.

This chapter deals with the following types of waste:

(i) Mineral Waste (ii) Hazardous (Special) and Difficult waste (iii) Clinical Waste (iv) Wastewater and Sewerage (v) Landspreading of Liquid Wastes and Dredgings (vi) Liquid Waste Facilities (vii) Agricultural and Farm Waste (viii) Animal Carcass Waste (ix) Nuclear and (x) Contaminated Land Waste

(i) Mineral Waste

7.2 Mineral waste mainly comprises overburden waste, unusable rock and process waste from screening and washing. There are few markets for these materials and they are usually incorporated into the restoration of the site. At sand and gravel sites with washing facilities silt is deposited in lagoons while at other mineral workings waste is deposited within the boundary of the site, as backfilling or screening. This is an appropriate re-use of the material provided it contributes to the beneficial restoration of the site or the temporary screening of operations. Opportunities for blending of mineral waste may arise if soil/ materials are being produced on-site, the mixture yielding soil forming materials. The former Department of Environment, Transport & the Regions (DETR) document Soil Forming Materials – their use in Land Reclamation (1999) gives further guidance.

7.3 In the majority of cases, the use of mineral waste for screening and/or restoration projects will have been considered as part of the original mineral working application. However, where this is not the case, the WPAs will seek to ensure that all reasonable steps have been taken to re-use or recycle the material before giving consideration to supporting disposal to land.

55 Controlled Waste is defined in Section 75(4) of the Environmental Protection Act 1990 (see Glossary).

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7.4 Some mineral waste, most notably crushed rock, is suitable as a secondary aggregate. Minerals Planning Guidance Note 6 Guidelines for Aggregates Provision in England, advises planning authorities to pursue policies to facilitate the use of these materials where this is environmentally or economically acceptable. The use of mineral waste as a secondary aggregate is therefore supported in principle.

7.5 Within the Plan area reject rock from gypsum mining is used as a low grade fill, but poor quality inhibits its widespread use as a secondary aggregate. However, it has a value as a substitute for other minerals of greater value, such as chalk.

POLICY WLP 26: Mineral Waste

Proposals for the management of mineral waste will be permitted, subject to other policies of the Plan where relevant, where they:

a) form an integral part of a proposal for mineral working; or b) constitute effective re-use or of the material.

(ii) Special and Difficult Waste

7.6 In 2005, new regulations, known as the ‘ Regulations’, were brought into force which affect the management of ‘Special’ waste in a number of ways. This legislation superseded the Special Waste Regulations 1996, and the term ‘Special’ waste was formally superseded by the term ‘Hazardous’. As Hazardous Waste encompasses all wastes which were ‘Special’, Policy WLP 27 shall be applied to the management of all wastes which are now defined as ‘Hazardous’ under the Hazardous Waste Regulations. Difficult wastes, on the other hand, are not defined in these Regulations but can be described as Controlled Wastes that appear on the Hazardous Waste List57, which generate handling difficulties in disposal because of their chemical or physical properties, but do not display any of the properties exhibited by hazardous wastes.

7.7 Difficult wastes include clinical, liquid and metal wastes, tyres, aerosols, sewage and other sludges, contaminated soils and contaminated packaging materials. Examples of hazardous waste include industrial solvents and other chemicals, waste oils, prescription-only medicines and certain clinical waste. These are subject to close monitoring from ‘cradle to grave’ by the Environment Agency.

57 The Hazardous Waste List (HWL) (94/904/ec) lists the wastes on the european waste catalogue (EWC) (94/3/EC) considered to have hazardous constituents above certain thresholds. A waste listed on the HWL is more likely to be considered 'hazardous waste' in the UK 105 East Sussex and Brighton & Hove Waste Local Plan

7.8 The amount of hazardous and difficult waste generated in the Plan area is small, representing around 3% of overall ‘controlled’ waste arisings. Existing arrangements for these types of waste are expected to continue throughout the Plan period. However, where necessary, facilities for the transfer of hazardous and difficult waste could be accommodated at waste transfer sites and household waste sites while facilities for treatment and disposal may be accommodated at ‘strategic’ waste facility sites.

7.9 The former regional planning body SERPLAN58 (London & South East Regional Planning Conference) considered that sub-regional self-sufficiency in special waste (as hazardous waste was known at the time) disposal would not be feasible owing to the special requirements for management of these wastes, the relatively small amounts generated and the costs of establishing specialist management and disposal facilities.

7.10 At present there are insufficient hazardous or difficult waste transfer facilities in the Plan area to meet local requirements. If this situation remains unchanged, producers of this type of waste could face disposal problems over the period of this Plan, as the impact of the Hazardous Waste Regulations becomes clearer. Major waste developments in the Plan area will be expected to incorporate, where appropriate, facilities for the storage and transfer of these wastes.

7.11 Despite the current relatively small quantities generated, it is preferable to deal with Hazardous and difficult wastes, wherever practicable, as close as possible to their point of origin, because of the potential risks during transport and of the need to minimise the distance travelled between the source of the waste and it’s treatment/disposal point. It is acknowledged that this may not always represent the BPEO as the cost of installing facilities to deal with relatively small amounts of waste may be prohibitive. It is therefore anticipated that over the Plan period some Hazardous and difficult wastes will continue to be exported for treatment and/or disposal at specialist regional facilities.

7.12 Similarly, there could be a greater need within the Plan area in the future for facilities to handle imported Hazardous and difficult wastes as the EU Directive requiring the segregation of hazardous and non-hazardous wastes begins to take effect. Such facilities will be supported provided they also make a significant contribution to meeting local needs and do not have any adverse environmental or traffic impacts. To facilitate the segregation of these wastes, the WPAs will seek the inclusion of appropriate sorting and transfer facilities in major waste developments and in new and upgraded household waste sites that can also be used by members of the public.

58 SERPLAN “Revised Waste Planning Advice; A Sustainable Waste Strategy for the South East 1996-2010”, SERP160. 106 East Sussex and Brighton & Hove Waste Local Plan

POLICY WLP 27: Special and Difficult Wastes

Proposals for the development of facilities for the handling, storage, treatment, processing and disposal of special and difficult waste will be required to demonstrate that:

a) the waste arises within the Plan area or the facility forms part of a regional strategy for dealing with special and difficult waste which also makes a substantial contribution to meeting local waste management needs, and b) the proposed location and type of facility are appropriate to the nature and hazards of the waste. c) the co-location of waste facilities has been considered, where appropriate.

N.B. In 2005, new regulations, known as the ‘Hazardous Waste Regulations’ came into force, this legislation superseded the Special Waste Regulations 1996, and the term ‘Special’ waste was formally superseded by the term ‘Hazardous’. As Hazardous Waste encompasses all wastes which were ‘Special’, this policy shall be applied to planning applications involving the management of all wastes which are now defined as ‘Hazardous’ under the Hazardous Waste Regulations.

(iii) Clinical Waste

7.13 Clinical waste arises from the healthcare sector, from dental and veterinary practices, doctors’ surgeries and households. Some of these wastes can be disposed of at landfill sites, but infectious and other clinical waste posing a greater potential risk needs to be managed as hazardous waste. Most notifiable clinical waste is incinerated but new techniques such as sterilising or microwaving are being developed.

7.14 New emission standards for incinerators were introduced in October 1995 and, in recent years, all existing in-house hospital incinerators within the Plan area have closed down, as they have been unable to meet the new standards. Most clinical waste is now exported for treatment/disposal. In view of the environmental impact associated with transporting wastes over long distances, support should be given to new clinical waste management and disposal facilities, provided they are located within or adjacent to a facility that generates this type of waste. This applies equally to those facilities that are designed to cater for clinical wastes on a regional basis. Although some clinical wastes are also classified as hazardous wastes, the WPAs will assess applications for clinical waste facilities against the provisions of policies WLP 28 and 29, not WLP 27.

POLICY WLP 28: On Site Clinical Waste Facilities

Proposals for the development of facilities for the handling, storage, treatment, processing and disposal of clinical waste within or adjoining a facility which generates this type of waste will be required to demonstrate that the waste arises within the Plan area or the facility forms part of a regional strategy for dealing with clinical waste which also makes a substantial contribution to meeting local waste management needs.

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7.15 There may, however, be instances where applications for clinical waste facilities whether on a local or regional basis come forward that are not located within or adjoining facilities that generate this type of waste. In such circumstances, the WPAs will need to consider whether this represents the BPEO having regard to other factors, in particular the proximity principle. The policy below is designed to cater for these circumstances.

POLICY WLP 29: Independent Clinical Waste Facilities

Proposals for the development of facilities for the handling, storage, treatment, processing and disposal of clinical waste, where not within or adjoining an existing or planned facility which generates this type of waste, will be required to demonstrate that :

a) the facility forms part of a regional strategy for dealing with clinical waste which also makes a substantial contribution to meeting local needs, and b) no alternative site is more suitable in terms of minimising unacceptable adverse environmental or transport impacts.

(iv) Wastewater and Sewage

7.16 Typically wastewater and sewage contains foul drainage and other material discharged direct to the system from domestic dwellings, commercial and industrial premises, institutions or arisings from cesspools, septic tanks etc. It can also contain drainage water from roads and buildings and leachate and run off from soils. The negative impacts of sewage are its unsightly appearance; its smell; the toxic effects of chemicals and the micro-organisms within it that can cause diseases.

7.17 The Urban Waste Water Treatment (England & Wales) Regulations 1994, which implements the requirements of the European Directive on Urban Waste Water Treatment, now prevents the discharge of sewage and other sludges to the sea without additional treatment. The WPAs approach to the management of wastewater is to adopt the general policy of reducing the amount and polluting potential of that requiring final disposal and the recovery of as much of the valuable content of the waste as possible. Previous management practice involved discharging liquid sewage to the sea via long sea outfalls, following preliminary treatment. Currently, the requirement set down in the above regulations, is that all material discharged from wastewater treatment works via long sea outfall in the Plan area must be treated to secondary level.

7.18 Wastewater treatment standards are usually defined with reference to the following levels of treatment:

Preliminary – wastewater is passed through finely meshed screens to remove materials such as paper, tampons, condoms, plastic wastes and grit and tree debris that can wash into sewers. Treatment may be supplemented by measures to remove grease from the wastewater.

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Primary – this level of treatment involves the removal of solid materials remaining in suspension in the water. This is usually achieved by passing wastewater through settlement tanks. Secondary - This commonly entails some form of biological treatment, often but not necessarily associated with a further settlement process, to achieve reductions in both dissolved and suspended biodegradable pollutants. This results in a further reduction in suspended solids. Tertiary – a further stage of treatment whereby the secondary treated effluent is subject to further physical, chemical or biological processes to meet specific environmental requirements. An example is the use of ultra-violet disinfection to reduce substantially the bacterial count in the final effluent.

7.19 The WPAs support joint working with the water companies in order to minimise the environmental impacts of any development and to ensure the provision of sustainable wastewater treatment facilities. Applications for wastewater treatment works will be supported if they represent the BPEO for the treatment of the wastewater and sewage sludge. They should also employ measures such as de-watering of sludge to minimise onward transport, to improve the value of the material as an agricultural conditioner and to meet environmental and legislative requirements.

POLICY WLP 30: Wastewater and Sewage Sludge

Proposals for the provision of new or extended facilities for the management, treatment and disposal of wastewater and sewage sludge will be permitted subject to other polices of the plan where relevant and where the development is a necessary extension or replacement of existing infrastructure or is well related to existing infrastructure, and where it is demonstrated that they are:

a) required to meet current or prospective environmental standards or regulatory provisions; or b) required to improve the operational efficiency of wastewater and sewage sludge management principally to serve the needs of the Plan area.

7.20 There is an urgent requirement for the provision of enhanced wastewater treatment for Brighton & Hove, which is the largest centre of population in the Plan area. Currently the majority of wastewater from the catchment is discharged into the sea via a 2 km long outfall following preliminary treatment at Portobello. A planning application for the provision of enhanced wastewater treatment on the Portobello site has been refused by the Secretary of State and, given the urgency of the need to fulfil the Urban Wastewater Treatment Directive requirements, it has not been practicable to identify an alternative site through the Waste Local Plan process. However, given that the catchment area to be served by the treatment works is fixed and there are clear physical and topographical features that contain the catchment area, a reasonable area of search for a site within the Plan area could be defined as the area limited by the River Adur to the west, the Downs east of the River Ouse to the east, the A27 trunk road corridor to the north and the sea to the south.

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POLICY WLP 30A: Wastewater and Sewage Sludge (Brighton & Hove/ Peacehaven Catchment)

The provision of new wastewater treatment facilities for the Brighton & Hove/Peacehaven drainage catchments and to process the sludge arisings will be required to demonstrate that:

a) the site has been selected from within the area of search which, within the Plan area, is limited by the Plan area boundary to the west, the Downs east of the River Ouse to the east, the A27 trunk road corridor to the north and the sea to the south; and b) the criteria in Policy WLP 30 have been satisfied.

(v) Landspreading of Liquid Wastes and Dredgings

7.21 New primary and secondary treatment requirements for wastewater will produce greater amounts of sewage sludge that subsequently require disposal. Landspreading is one management option that involves the application of sewage sludge or other wastes as a soil conditioner onto land, usually by spraying/pumping or by injection into the soil. Landspreading can represent a sustainable and beneficial re-use of waste material provided appropriate amounts of suitably treated material are applied in a controlled manner. However, its application does not always require planning permission.

7.22 In high concentrations the heavy metals in sewage can be toxic to humans, animals, plants or soil micro-organisms. Pre-treatment can make the application of such wastes to land safer and more acceptable in terms of amenity, provided the material is applied to the land in a manner and quantity which will bring agricultural benefit. The WPAs are concerned that landspreading should only be used when the waste has been properly treated in accordance with the relevant Code of Practice for the Use of Sewage Sludge in Agriculture. At present, the landspreading of sewage sludge is controlled by the Sewage Sludge (Use in Agriculture) Regulations 1989 (as amended), which implements EU Directive 86/278/EEC.

7.23 Other wastes also applied to agricultural land include wastes from abattoirs and tanners, grease traps, storm/ditch water waste and food waste. In the majority of cases, the application of such materials to agricultural land is regarded as the spreading of fertiliser, which is not development that requires the express grant of planning permission. As with the application of sewage sludge, these activities are exempt from the provisions of the Waste Management Licensing Regulations 1994 unless application rates exceed 250 tonnes per hectare per annum, or 5,000 tonnes per hectare per annum in the case of dredgings from inland waters. Where these thresholds are exceeded, planning permission and a waste management licence from the Environment Agency will be required. In considering applications for planning permission, the WPAs will consider the degree to which the application will result in ecological or agricultural improvement having regard to current best agricultural practice advice.

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7.24 Dredgings from rivers and waterways do not generally create a disposal problem within the Plan area. Most river dredgings are cast on adjoining riverbanks, or spread on agricultural land. Such operations are normally exempted from the need to obtain planning permission, unless the thresholds in the above paragraph are exceeded. Dredgings from operations to maintain navigable channels for marine harbours and shipping lanes are deposited at sea. There is potential for composting this waste and, where the dredgings are not disposed of directly on agricultural land, the WPAs would wish to support this option.

POLICY WLP 31: Disposal of Liquid Waste and Dredgings on Land for its Improvement

The application of treated sewage sludge, other treated liquid waste and dredgings to land will be required to demonstrate that:

a) the proposal would result in improvement to the quality of agricultural land, and b) the nature and amounts of material applied are demonstrated to be consistent with the improvement identified above and with current best agricultural practice.

(vi) Liquid Waste Facilities

7.25 Planning applications for new facilities designed to cater specifically for the treatment, storage and/or processing of liquid wastes are expected to come forward during the Plan period as the implications of complying with new legislation become clearer, new technologies develop and the types of waste requiring pre-treatment increase.

7.26 Typically, such plants could be developed to cater for collections of cesspit and septic tank waste, road gully wastes, car wash waters and leachate from land disposal sites. In many cases, these facilities employ chemical and biological treatment to ensure that the wastes are treated to a level that enables them to be safely discharged or disposed of. While the WPAs support, in principle, the development of such facilities, care must be taken with their siting to ensure that existing land uses and amenities are not adversely affected to an unacceptable degree as a result of increased traffic movements and that plants are located in close proximity to the source of the wastes.

POLICY WLP 32: Liquid Waste Facilities

Proposals for the development of facilities for the storage, handling, processing and treatment of liquid wastes will be required to demonstrate that :

a) the proposed location and type of facility are appropriate to the nature and hazards of the waste, and b) as far as practicable, the facility is located in close proximity to the source of the waste.

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Incineration of Sewage Sludge

7.27 At present Southern Water Services Ltd has no plans to incinerate sewage sludge although treatment by and are used elsewhere in the country. This is usually only viable in industrialised areas where there is a high industrial residue content in the sewage.

(vii) Agricultural and Farm Waste

7.28 Farms and stables in the Plan area produce about a million tonnes of agricultural waste a year. The bulk of this is farmyard manure and livestock slurry that is spread on the land for use as a fertiliser. This material can be polluting and care should be taken in its storage, treatment and application. Generally, the application of farm waste to land does not need planning permission but if large quantities are brought onto land from other units for a purpose which is not connected with the agricultural use of the land, planning permission is likely to be required. The WPAs support, in principle, the use of such material for agricultural applications but the potential to pollute groundwater or surface water must be avoided.

7.29 Stable waste is defined as , however, at present, agricultural waste is not defined as controlled waste and is not therefore subject to the waste management licensing regime. However, this situation is due to change in 2006 as a result of the need for the UK to fully comply with the EU and Waste Framework Directive.

7.30 The main implications of the changes will be that the deposit, recovery or disposal of agricultural waste will require a waste management licence on behalf of the farmer or operator. Agricultural waste includes agricultural by-products such as agrochemicals packaging, waste oils, batteries etc. and in some cases may include manure and slurry.

POLICY WLP 33: Agricultural and Stable Waste

Proposals for the development of facilities on agricultural units for the handling, storage, treatment, processing and disposal of agricultural and stable wastes will be permitted, subject to other policies of the Plan where relevant, where it is demonstrated that:

a) any storage or processing facilities are sympathetically designed and located in relation to the surrounding area and adjoining uses, and b) the waste to be treated arises within that agricultural unit, or c) if the proposal involves the importation of waste either from other farm units or from elsewhere, the sources of the waste are close to the application site.

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(viii) Animal Carcass Waste

7.31 The WPAs are responsible for determining applications for planning permission for all waste incinerators. In addition to EfW and clinical waste facilities referred to earlier, there are also specialist units that deal with the incineration of animal carcasses.

7.32 In some instances these facilities may be developed next to abattoirs or other units that generate this type of waste, but there is also the possibility that other larger regional facilities may need to be developed to deal with specialist arisings which are not located within or adjoining animal carcass generators. 7.33 As with hazardous, difficult and clinical wastes, the WPAs will need to be satisfied that no alternative more suitable sites exist before favourably considering proposals that are not in close proximity to the waste source. Although specialist animal carcass incinerators are likely to be on a much smaller scale than large- scale EfW facilities there is, nevertheless, the potential to derive energy from the combustion process. Accordingly, the WPAs wish to see energy capture proposals submitted as an integral part of such planning applications, where appropriate.

POLICY WLP 34: Animal Carcass Waste

Proposals for the treatment or disposal of animal carcasses will be required to demonstrate:

a) the facility is located within or adjacent to an existing permitted facility which generates this type of waste; or b) the facility forms part of a regional strategy for dealing with that particular waste stream and will also make a substantial contribution to meeting local needs, and it can be demonstrated that no alternative site is more suitable in terms of minimising unacceptable adverse environmental and transport impacts, and c) where feasible, the facility includes the maximum efficient capture of energy.

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(ix) Nuclear and Radioactive Waste

7.34 Although the Plan is not required to cover radioactive waste, it is a waste stream that generates particular concerns. Existing European legislation covers radioactive waste, and sets out the standards for the health protection of the general public and workers against the dangers of ionising radiation. The Radioactive Substances Act 1993 consolidates earlier provisions. It provides that:

“no person may keep or use radioactive material on premises used by that person for carrying on an undertaking without registration unless exempted from registration”.

Control is therefore exercised by the Environment Agency, under consultation with the Department for Environment, Food & Rural Affairs (DEFRA) and the Health and Safety Executive (HSE).

7.35 There is currently no disposal route for this waste stream and it is stored in repositories. There have been various proposals nation-wide for developing a disposal route for this type of waste but no planning permission has yet been secured for a specific site.

(x) Contaminated Land Waste

7.36 Contaminated land may be described as any land which contains substances in sufficient quantities that there is actual pollution, or the potential risk of pollution, to the environment. Contaminated sites normally have a history of earlier industrial or commercial occupation or the disposal of wastes. Past activities have left a legacy of sites that are contaminated with polluted solids and liquids, although this is not a significant problem in the Plan area.

7.37 The Waste Local Plan is primarily concerned with controlling the development of waste management facilities. Soil or material from contaminated land does not become a waste unless and until it is removed from the site of origin and transported for treatment or disposal at a waste facility. Consequently, it is considered that it would be inappropriate for the Plan to include policies relating to contaminated land except insofar as they are pertinent to reducing the amount of waste generated and managing unavoidable waste.

7.38 New and emerging legislation on the remediation of contaminated land and the landfilling of wastes, together with the current policy emphasis on redeveloping brownfield sites, may result in increased quantities of contaminated soils (which are classed as difficult waste) requiring remediation, and other hazardous wastes requiring treatment and disposal. Consistent with the and the proximity principle, the objective should be to prevent this material becoming waste by carrying out in-situ remediation of contaminated land where practical, provided that any local environmental and amenity impacts can be minimised. The appropriate management of contaminated land waste, where relevant, will be expected to form part of any scheme submitted under policy WLP 11.

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7.39 It is difficult at this stage to assess properly the extent of any future need for facilities to treat contaminated material outside the site of origin. However, the introduction of the Contaminated Land (England) Regulations 2000 may see a change in this respect. This new legislation places a requirement upon all local authorities to identify land within their areas that is contaminated and is causing or has the potential to cause pollution and to take active steps to ensure that it is decontaminated. The requirement to compile these registers falls upon the borough and district councils. Given the specialist nature of the process involved and the relatively small volumes of material that are likely to be generated, it is considered most likely that future facilities would serve a sub-regional or even a regional catchment.

7.40 It should be emphasised that the waste management policies in this Plan will only apply to contaminated land if the material is removed from a site and requires disposal or treatment as a waste. However, proposals for permanent and temporary off-site remediation facilities for contaminated soils will be judged against Policy WLP 27 Special and Difficult Wastes and other relevant policies of the Plan, including the proximity principle, the waste hierarchy and the BPEO. Temporary waste management facilities that are required to remediate and treat contaminated land in-situ will be supported on contaminated sites. This is consistent with the ‘proximity principle’ and with minimising the generation of waste and the pollution potential of waste. Where in-situ treatment is not possible, the preference will be for appropriate ex-situ remediation to avoid the need to dispose of contaminated material to land or to reduce the pollution potential of wastes requiring disposal to land.

The Next Chapter 7.41 The next chapter contains detailed development control criteria which relate to all proposals for waste management development.

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