TRPS Waste Alcoholic Beverages

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DISPOSAL OF WASTE ALCOHOLIC BEVERAGES FROMLICENSED PREMISES DUE TO COVID-191.Background1.1 Having regard to our Principles for Regulatory Approach to EU Exit and COVID19 of December 2020, as part of our commitment to support everyone we regulateduring EU Exit and COVID-19 in ways that maintain protection for Scotland’senvironment, we are issuing more specific guidance where necessary. This COVID19 guidance covers the disposal of waste alcoholic beverages from licensedpremises due to COVID-19. It will be published on SEPA’s Regulatory Approach hubon our website.1.2 This Temporary Regulatory Guidance replaces SEPA’s Temporary RegulatoryGuidance on Disposal of Waste Alcoholic Beverages from Licensed Premises due toCOVID-19 (Version 2), which applied from August 2020.2.SEPA guidance2.1.This guidance is aimed at operators of licensed premises who have unusedcasked/kegged beer and other similar beverages arising due to the COVID-19pandemic. It sets out a hierarchy of options available and the considerations to takeinto account when deciding how to deal with this waste.Coronavirus.sepa.org.ukDecember 20201

2.2.When non-essential businesses are ordered to close down to control the spread ofCOVID-19, many establishments have casks/kegs of alcoholic beverages that theyare unable to sell. As Scottish Government relaxes the rules on businesses, SEPArecognises that they will need to clear their cellars and storage areas of beverageswhich are out of date or unfit for consumption in order to re-stock with fresh product.2.3.Where the beverages are still suitable for consumption, establishments areencouraged to consider alternative ways to sell or supply them, for example throughdeliveries, takeaways or donation (providing this is in line with licensing controls).2.4.Beverages which are unfit for consumption and which have to be discarded arewaste. There are many options available to businesses to manage this waste andthis guidance sets out a hierarchy of these options. The hierarchy is based on thewaste hierarchy which prioritises recycling and recovery of waste over its disposal.2.5.Recovery and disposal of waste alcoholic beverages is controlled by the followinglegislation: Environmental Protection Act 1990 and the Waste Management Licensing(Scotland) Regulations 2011 (WMLR): regulation of recovery and disposal of wasteincluding spreading to land Water Environment (Controlled Activities) (Scotland) Regulations 2011 (CAR):discharge to surface water, including discharge after treatment in public or privatesewage worksCoronavirus.sepa.org.ukDecember 20202

2.6.Note that if the licensee intends to recovery duty paid on any alcoholic beverage,they should first contact the original or owning brewer before they begin thedisposal process to ensure that they do it correctly and are able to receive the creditor replacement stock.3.Hierarchy of optionsOption 1: Can the waste beverage be re-routed to another manufacturing process, e.g.distillation to produce industrial alcohol or malt vinegar, or to make animal feed?If no:Option 2: Can the waste beverages be taken to an anaerobic digestion or compostingfacility?If no:Option 3: Can the waste beverage be applied to land? This may be to your own land,e.g. a golf course, or to agricultural land. Contact SEPA’s National Rural Unit if youwish to use this option. The application must be done for agricultural benefit and theremay be restrictions on the volume that can be applied.If no:Option 4: Can the waste beverages be returned to the source of manufacture fordisposal?If no:Coronavirus.sepa.org.ukDecember 20203

Last resort: Can the waste beverage be disposed of to sewer? In order to do this youmust get permission from Scottish Water, even if you have an existing trade effluentconsent, and may have to comply with any additional requirements, e.g. relating tovolumes and timing of disposal.3.1If licensees exhaust all these options and disposal to sewer is not a possible orpractical last resort, they should revisit options higher up the hierarchy.3.2You should not dispose of waste beverages: to a private sewage works or septic tank. There is a high risk ofoverwhelming the plant and this may stop the plant from working altogetherpotentially causing costly damage and polluting receiving waters. Businessowners are responsible for ensuring their discharge conditions are met andthat they do not cause pollution of groundwater or any nearby surfacewaters. down a drain, especially a surface water drain. It can harm the environment ifit enters rivers. This is because the presence of liquids such as beer will stripout oxygen from the watercourse, seriously impacting its ecology, includingcausing fish deaths.4.What else do I need to know?4.1Health and Safety precautions should be taken with regards to: manual handlingCoronavirus.sepa.org.ukDecember 20204

working in confined spaces CoSHH, esp use of line cleaning chemicalsHMRC: there are rules regarding duty and disposing of alcoholic beverages. ContactHMRC for further information.4.2Scottish Water: Before making any discharges to sewer you must apply to ScottishWater for temporary authorisation, even if there is an existing trade effluentdischarge consent in place. You can apply directly to Scottish Water or via theirLicenced Provider. An Application Form and further information on how to apply areavailable from TEQ@scottishwater.co.uk. Completed application forms should besubmitted to the same e-mail address.4.3SEPA understands that Scottish Water will give consent/authorisation only wheresufficient capacity exists to accommodate the discharge within their infrastructureand where the discharge will not cause harm. Discharges must be made to thefoul/combined sewer and the customer must comply with any conditions ScottishWater imposes. This is a legal requirement under the Sewerage (Scotland) Act1968. Scottish Water may refuse to grant consent where they deem a proposeddischarge sewer poses a risk.5.Useful contacts5.1For more information on disposal and recovering duty, businesses should contactthe British Beer and Pub association here.Coronavirus.sepa.org.ukDecember 20205

5.2Further advice on options within the waste hierarchy is available from a number oforganisations such as: Zero Waste Scotland: www.zerowastescotland.org.uk The UK Former Foodstuff Processors /animal-feed/ukffpa/ Renewable Energy Association (REA): general enquiries relating to compostingand anaerobic digestion call 020 7925 3570 or e-mail Jenny Grant (jenny@r-ea.net) Anaerobic Digestion and Bioresources Association (ADBA) : for generalenquiries relating to anaerobic digestion call 020 3176 0503, email Sam Hinton(Sam.Hinton@adbioresources.org) or visit the websitehttp://adbioresources.org/contact Location of your nearest AD site: http://www.biogas-info.co.uk/resources/biogasmap/ and http://adbioresources.org/mapThis guidance applies only in Scotland. The terms of this guidance may be subject toperiodical review and be changed or withdrawn in light of technological, regulatory orlegislative changes, future government guidance or experience of its use. SEPA reservesits discretion to depart from the guidance outlined here and to take appropriate action toavoid any risk of pollution or harm to human health or the environment.Coronavirus.sepa.org.ukDecember 20206

Beverages which are unfit for consumption and which have to be discarded are waste. There are many options available to businesses to manage this waste and this guidance sets out a hierarchy of these options. The hierarchy is based on the waste hierarchy which prioritises recycling and recovery of waste over its disposal. 2.5. Recovery and disposal of waste alcoholic beverages is controlled by .

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