BFPA identifies a ‘land-mark’ ruling

17 June, 2015

The oils themselves are still legally classified as hazardous wastes, when discarded. So this confirmation only applies to other wastes contaminated by or containing residues of these oils. Quite rightly, all operators will still need to meet their duty of care under what pundits will know as ‘S34 of the Environmental Protection Act 1990’ which ensures that waste from any activity is disposed of or recovered correctly.

Cooperative working

The all-important key issue here is that the waste is not categorised as ‘hazardous’. All fruitful negotiation depends upon the good will and cooperative working of the parties involved and tribute should be paid to the BFPA members that contributed to this exercise. Pirtek UK deserves special mention as without the company’s support both in terms of resources and expertise we would not have succeeded. We must also acknowledge our legal counsel, (Irwin Mitchel), and the constructive manner in which the EA staff handled these negotiations. All too often Government departments come under criticism for their apparent inflexibility and intransigence. Not this time. The pragmatism shown by the EA team on this occasion is a credit to them and has helped to secure a result with which all parties, most notably UK industry, are very happy.

The BFPA is currently writing a formal FAQ document (under the auspices of the EA), which it is anticipated will answer any more detailed questions that might arise amongst industry users.