What are the thoughts on the ECJ ruling of 7th September 2004 regarding
the definition of waste?
In essence
"Hydrocarbons which are unintentionally spilled and cause soil and
groundwater contamination are waste within the meaning of Article 1(a) of
Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by
Council Directive 91/156/EEC of 18 March 1991. The same is true for soil
contaminated by hydrocarbons, even if it has not been excavated. In
circumstances such as those in the main proceedings, the petroleum
undertaking which supplied the service station can be considered to be the
holder of that waste within the meaning of Article 1(c) of Directive
75/442 only if the leak from the service station’s storage facilities
which gave rise to the waste can be attributed to the conduct of that
undertaking."
and further information here
http://www.foe-scotland.org.uk/press/pr20040906.html
As far as i know DEFRA and Scottish Exec lawyers are looking at it but
have taken no opinion as to the significance to waste licencing and
Contaminated land regulations.
Answies with a crayon on a postage stamp please!! :-)
Best regards
Gerry
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