Update: Hazardous Waste Regulations 2005

Introduction

The regulations are a framework for the control and tracking of hazardous waste, providing a means of implementation of the Hazardous Waste Directive. The regulations replace the Special Waste Regulation 1996 and will be enforced from the 16th July 2005.

The main features of the regulations are to:

Implement a definition of hazardous waste into domestic legislation
Require producers or consignors of hazardous waste to notify (register) their premises
Restrict mixing and to require separation of waste where appropriate
Provide cradle to grave documentation for the movement of hazardous waste
Require consignees to keep thorough records of hazardous waste and provide the Environment Agency with quarterly disposal and recovery information

Definition

The new hazardous waste definition covers a much wider range of wastes and is far broader than that of special waste. It includes common items such as fluorescent, television sets and computer monitors, as well as any product bearing an orange hazard-warning symbol, such as certain types of paints and mastics. It will also encompass a broader range of contaminated soils.

Unlike a special waste, certain types of hazardous waste are absolutly defined, irrespective of any actual hazard posed by the waste.

This will have a number of impacts on waste producers:

Producers must avoid mixing hazardous wastes with non-hazardous wastes. In future, common items such as fluorescent tubes, computer monitors, Ni-Cd or
Mercury batteries must not be placed in skips containing mixed non-hazardous wastes.
All producers must still complete a consignment note to accompany the waste, but there is no longer a requirement to pre-notify the Environment Agency 72 hours before the removal of the waste.
All producers of hazardous wastes must register the premises at which their waste arises with the
Environment Agency, unless they fall into the category of an exempt producer, and generate less than 200kg of hazardous waste per year.
Producers must maintain records for three years.
Notification of premises

All premises (except exempt premises) where hazardous waste is produced or removed from must notify the Environment Agency. Exempt premises include those that produce less than 200kg of hazardous waste per annum or where waste has been fly tipped.

It is important for waste producers to notify premises, as after the 15th July 2005 it wil be an offence to produce or remove hazardous waste from any premises that are not notified or are not exempt. The agency has a fixed penalty of £300 for failure to comply.

The notification is valid for 12 months and will be accompanied by a registration code, also referred to as a premises code, which must be written on all consignment notes.

A detailed guide, Site Premises Registration Guide is available from the Environmental Agency website.

Consignment notes

There is no longer a requirement to pre-notify the Environment Agency when moving hazardous waste, however, a consignment note is still required. The new format and guidance on how to fill them out wil be available from the Environment Agency.

Producer Inspections

The new regulations require the Environment Agency to inspect producers of hazardous wastes. They will base their inspection regime upon the entries in the register of hazardous waste producers, and on returns made by the Waste Management facilities receiving these wastes. The regulations also introduce a ?300 fixed penalty notice for the failure to comply with any of these requirements.

For further information, or if you would like Wastefile UK to advise on the removal of hazardous wastes please contact our sales team on 0800 834133.

Register as a Hazardous Waste Producer with Wastefile UK

Our Support Services Team are here to advise you on your position under the regulations and, if you require, notify your premises with the Environment Agency on your behalf. For further information on our registration service please contact our Support Services Team on 0800 454714.