Hazardous Waste Changes

The 16th July 2005 saw the introduction of the Hazardous Waste (England and Wales) Regulations 2005. These Regulations made dramatic changes to the system used for managing and tracking the movement of hazardous waste, indeed the Regulations introduce the term hazardous, where previously the term special waste was used.

Have I got Hazardous Waste?

The 2005 Regulations not only introduce the term hazardous, but also introduce new waste types as hazardous waste. To determine if your waste is hazardous or not the UK regulatory agencies have produced guidance entitled Hazardous waste: Interpretation of the definition and classification of hazardous waste (commonly referred to as WM2).

WM2 provides a list of waste types (taken from the European Waste Catalogue (EWC), an EU wide list of wastes) identifies by either their source of production or by waste type them and finally by wastes not otherwise specified.

Within the list, certain waste types are marked as ‘absolute entries’. If your waste is an absolute entry, then you have hazardous waste and will fall under the regulations.

There are also wastes marked ‘Mirror entries’ and these are wastes that are hazardous waste only if substances are present above threshold concentrations. These require further assessment to determine if they are hazardous or not and fall under the regulations. All other wastes on the list are classified as non hazardous and do not fall under these regulations.

I fall under the regulations

The major changes that the regulations introduce are:-

•  End of pre-notification requirement – previously 72 hours notice to the Environment Agency was required before special waste as it was known as could be moved. (NB requirement remains in Scotland and Northern Ireland)
  
• Hazardous waste producers must give notification (effectively a registration) to the Environment Agency. There are exemptions from the requirement to notify if certain business types produce less than 200kg each year. This does not exempt these premises from other requirements of the regulations.
  
• Hazardous waste must be consigned when it leaves the producers premises. A consignment note must accompany the waste detailing the producer’s details (including a unique code provided on notification) along with details of the wastes.
  
• The receiving site (consignee) will make quarterly returns to the Environment Agency detailing the types, quantities and origin of wastes received during that quarter.
  
• Consignee to keep records of where on site wastes are deposited or stored
  
• Ban on mixing - the regulations establish a responsibility on the holder of hazardous waste (the producer of the waste or the person who is in possession of it) not to mix hazardous waste (with either another category of hazardous waste or with non-hazardous waste) unless part of a production or a licensed process.
  
• Requirement to separate - a duty is also placed on the holder to separate mixed waste where technically and economically feasible (further guidance on technically and economically feasible is expected).

Scotland and Northern Ireland

Scotland chose to amend the Special waste regulations with the Special Waste Amendment (Scotland) Regulations 2005. Scotland will retain the term Special, with this definition expanded to mean that which is defined as hazardous on the EWC. The 72 hour pre-notification requirement is still a requirement of the Scottish legislation, with pre-notification to SEPA. Other requirements of the European Hazardous Waste Directive were also introduced such as the requirement to separate where technically and economically feasible.

Northern Ireland will retain a very similar system to that described for Scotland, but will introduce the term Hazardous Waste.

Useful further references

Hazardous waste information pages 

EU Hazardous waste Directive

Northern Ireland Consultation on review of special waste regulations (closed)

Defra pages on hazardous waste

Environment Agency pages on hazardous waste (including list of landfill sites/transfer stations that can accept hazardous waste) 

Guidance on premises notification

SEPA guidance on consigning Special waste – Scotland