Waste Classification, Simply Hazardous in Itself

Brian Marshall, Environmental and Compliance Manager at Wastefile UK, examines some of the issues relating to hazardous waste classification - and the growing significance of misclassification.

Until last year's introduction of the new definition of hazardous waste, many waste streams whose category was uncertain were often over classified as "special waste". With no significant financial repercussions, no shortage of landfill capacity or little real incentive to use alternate disposal methods for these waste streams, this was often an easy option for waste producers. It also gave some reassurance to “blue chip” waste producers, who chose to err on the side of caution.

However, with the change in legislation to replace the term special waste with hazardous waste and its associated changes in definition, coupled with the significant reduction in hazardous landfill capacity, the implications and potential financial penalties of misclassification have become significant.

Such a change was always likely to cause numerous problems, but a year after the introduction, we’re now beginning to see trends/patterns emerge and the most common issues are now identifiable.

Covering a much broader range of wastes than the former special waste classification, the definition of hazardous waste includes many everyday items such as fluorescent tubes, television sets and computer monitors, as well as any product bearing the orange hazard-warning symbol, for example, many types of paints and mastics. In addition, it now also encompasses a much broader range of contaminated soils.

In an attempt to respect these new hazardous waste regulations and ensure legislative compliance with the broadened definition, some waste producers are again falling into the trap of over-classification, citing waste as hazardous when in fact it is not.

Misclassification may also occur on examination. Following the move to dedicated landfills for hazardous waste, ending of the practice of co-disposal, the implications of the Landfill Directive have stressed the importance of waste classification. However, misclassification can often occur as a result of the means used to classify the waste product. Packaged products will be labelled already, so it should just be a case of reading the label.

But what about unpackaged items? More often than not, waste by-products can be classified through the evaluation of the contents and processes that they have derived from. Confusion may only occur upon further examination, where the waste cannot be categorised by other means. The problem occurs most commonly with contaminated soils, where waste acceptance criteria alone cannot be used to determine landfill assignation. These tests are intended to establish suitability for landfill once the waste has been classified through composition analysis, not as a stand-alone means of classification. However, it is not as easy as simple sampling and analysis. The results require assessment and interpretation and are only classified hazardous if they contain a dangerous substance above a threshold concentration.

For example, soils containing a category 3 carcinogen, such as a diesel fraction petroleum are rightly classed as hazardous – but only if the level of contamination is above 1.0% as identified within the Environment Agency’s Technical Guidance WM2.

In addition to this, insulating mineral oil is classed as an absolutely hazardous waste but if it is spilled and an area of contaminant soil has been removed, the soil will never be hazardous as the insulation oil is not a dangerous substance

Finally, there is of course the situation where, under the new regulations, some waste streams have changed classification. For years, producers of computer monitors or TV screens have been used to their products being classed as ‘non special’. Under the new regulation, these items are now hazardous wastes.

One would obviously expect the manufacturers of these items to be aware of this change, but how about the small business manager who just replaced all his office’s computers? And would he also be aware that fluorescent tubes, such a staple of office interiors, are now also firmly situated in the hazardous waste category? Construction sites are rife with a similar problem, where the requirement to segregate hazardous wastes, including mastic tubes, cartridge guns or paint tins, means they require additional containers for the waste.

Of course it can also work in the other direction. Certain waste streams that previously set alarm bells ringing by being classed as special waste, now find they are no longer deemed hazardous (at least under the new regulations). Prescription only medicines, once a mainstay of special waste, are now more properly classified as non-hazardous. Those who now incorrectly assume they must fall under the hazardous banner are creating not only more work for themselves, but can also cause further complications by the mixing with other wastes.

Producers must also avoid mixing hazardous wastes with non-hazardous wastes. Placing common, now hazardous, items such as computer monitors, Ni-Cd or Mercury batteries into skips containing mixed non-hazardous wastes, leads to a further classification problem. Is the entire skip now contaminated? Must it all now be deemed hazardous?

Ni-Cd batteries and mercury containing batteries are always hazardous; it’s as simple as that. But alkaline batteries are non-hazardous. Mix alkaline batteries along with their mercury or Ni-Cd counterparts however, and you have a mixed Hazardous Waste Stream.

One of the simplest methods is to segregate at source. Not only is this good practice, it is also the only means by which it can be fully ensured that the mixing of hazardous and non hazardous wastes does not take place.

The legal and financial implications of misclassification and incorrect disposal of waste means that it is now more essential than ever to use a competent waste manager, ensuring that waste assessments are completed properly and effectively in accordance with legislative and technical guidance. Until the mechanism of hazardous waste classification is more widely understood across the industry, it is imperative that waste management professionals advise on all disposals. The costs to business, the industry and the environment as a whole are too great to do otherwise.