Waste law slip costs a packet

COMPANIES that sell goods with packaging attached are obliged by law to take responsibility for its disposal. Failure to do so could result in prosecution and a hefty fine, writes Olive Keogh.

The ramifications of the Waste Management (Packaging) Regulations 2003 are not confined to large organisations. All firms with a turnover in excess of E1m which put 25 (or more) tons of packaging into circulation in a year are responsible for what happens to it.

Failure to comply leaves companies open to prosecution. In 2002, 15 firms were successfully prosecuted for non-compliance. Enforcement of waste management legislation is being stepped up. The Department of the Environment recently allocated E7m for this purpose. Companies may get a visit from an inspector to verify their compliance. It is up to the operator to prove that it is not covered by the regulations.

There are two ways of complying with the rules. The first is by joining a compliance collective such as the government-licensed Repak scheme. The second is to opt for self-compliance.

Repak was set up in 1997. It has about 1,500 members countrywide. Members pay an annual fee based on the type and quantity of packaging produced in the previous calendar year.

Companies that join Repak are deemed to have met their legal obligations under the waste management regulations. Repak uses membership fees to fund recycling initiatives and to subsidise the collection of packaging material for recycling.

Those opting for self-compliance register with their local authority and pay an annual fee per business address. They must register all their business premises with the authority, supply quarterly statistics detailing the sort of packaging they handle and must accept packaging back from customers and the public.

A formal packaging audit will accurately establish how much of the material your company produces in a year. If you think you may be borderline in relation to the 25-ton threshold, weigh the packaging of your firm's largest selling product line and multiply it by the number of units produced in a year.

The regulations governing waste packaging disposal were reviewed and amended in March. The turnover threshold for companies covered by the regulations was reduced from E1.27m to E1m. The weight threshold (25 tons) remains the same but all packaging supplied to consumers in association with goods sold or consumed now counts towards this figure. This means that sectors not previously obligated under the regulations are now included, such as pubs, clubs, hotels and restaurants.

As of March businesses must also segregate specified packaging materials contained in their "back-door" waste. These specified materials (glass, aluminium, steel, paper, fibreboard, wood and plastic sheeting) are banned from landfill sites and must be separated at source and sent for recovery or returned to the supplier.