Residue waste fact sheet: for waste generators
Suggested actions by waste generators
- If you think that your waste is suitable for use as a 'fertiliser', check if it is a residue waste.
- If your waste is a residue waste, apply to the DEC for an exemption before allowing it to be applied to land.
- Always make sure your waste is taken to a lawful facility for recycling or disposal.
- If in doubt, ask your waste transporter to certify that your waste is being taken to a lawful facility.
- Ring the Department of Environment and Conservation NSW (DEC) if you are unsure.
Residue waste
To ensure the application of waste to land as 'fertiliser' only occurs where it is beneficial and does not cause harm, the NSW government has introduced a new regulation: the 'Residue Wastes Regulation'.
The regulation aims to protect land, food and the environment from contamination by the inappropriate application of potentially harmful wastes to land under the guise of 'fertiliser'.
These potentially harmful wastes are called 'residue wastes' and are listed below.
Key things to note
- As a waste generator it is your responsibility to know what your waste is and to ensure that your waste ends up at a lawful waste facility-whether for disposal, treatment, recovery or land application.
- It is now unlawful to apply residue waste, and substances mixed with residue waste, to land for the purpose of growing vegetation.
- There are significant penalties for breaches of the regulation.
- People or businesses who make residue wastes and think they are suitable for applying to land can apply to DEC for an exemption. Applicants will have to show that the intended use is beneficial and will not cause harm.
The main features of the regulation
- Except with the approval of the EPA, a person must not apply any residue waste, or cause or permit any such waste to be applied, to land that is used for a purpose related to the growing of vegetation, including but not limited to land used for agricultural, horticultural, silvicultural, pastoral or environmental rehabilitation purposes.
- Residue wastes are:
- fly ash or bottom ash from any furnace
- lime or gypsum residues from any industrial or manufacturing process
- residues from any industrial or manufacturing process that involves the processing of mineral sand
- substances that have been used as catalysts in any oil refining or other chemical process
- foundry sands and foundry filter bag residues
- residues from any industrial or manufacturing process that involves the refining or processing of metals or metallic products, and
- any substance that is hazardous waste, industrial waste or Group A waste (as defined in the POEO Act.)
- The prohibition does not apply if the residue waste is lawfully sold as a soil improving agent (fertiliser or liming material) or trace element product within the meaning of the Fertilisers Act 1985 and complies with the prescribed maximum contaminant levels.
- DEC can grant an exemption from the regulation where it is demonstrated that the residue waste is beneficial and will not cause harm to the environment, human health or agriculture. Guidance on preparing applications for exemption is available on the DEC website.
- Some general exemptions will be made available to everyone-these will be posted on the DEC website and listed in the NSW government gazette. They may have conditions which will need to be followed, such as maximum contaminant limits or maximum rates of application. General exemptions are intended for lime and gypsum residues from water treatment processes and plasterboard manufacture, and ash from furnaces burning only coal or uncontaminated biomass.
- The regulation will commence 1 December 2005.
For more information contact DEC Pollution Line: phone 131 555.
Published by:
Department of Environment and Conservation NSW
59-61 Goulburn Street
PO Box A290
Sydney South 1232
Ph: (02) 9995 5000 (switchboard)
Ph: 131 555 (environment information and publications requests)
Ph: 1300 361 967 (national parks information and publications requests)
Fax: (02) 9995 5999
TTY: (02) 9211 4723
Email: info@environment.nsw.gov.au
Website: www.environment.nsw.gov.au
DEC 2005/
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Page last updated: 26 February 2011
