Hazardous Waste Regulation - establishing new control system in England and Wales
What are we trying to achieve?
ENVIRONMENTAL OUTCOMES
Background
Hazardous Waste Regulations 2005.
List of Waste Regulations 2005.
Objectives
Main Features of the List of Waste Regs
Implements List of Wastes ie EWC Provides an interpretation of the list ie choosing the appropriate code. Determines process for classifying waste as hazardous/non hazardous. Sets details on thresholds for certain hazardous properties.
List of Waste Regulations
List originally established by Council Decision 94/3/EC and called the European Waste Catalogue. Sub set produced called the Hazardous Waste List. ( Utilised by Special Waste Regs 1996) Both lists amalgamated in 2001. Further amendments in other decisions led to current consolidated version. Amendments likely in future.
Main Features - Haz Waste Regs
Utilises the List and implements the definition of hazardous waste into E&W legislation. Extends or reduces the list of waste considered as hazardous (or not). Revises control system: Registration of producers. Cradle to grave documentation Requires regular (quarterly) records to be provided to EA from consignees Devolved powers so each country in UK issues separate regs. Uses “Hazardous” instead of “special” in E&W ( Scotland still called special). Utilises the EWC for consignment purposes. ( already in for Duty of Care for non haz and Landfill permitting) Defines hazardous waste - waste that is listed as hazardous on the list of waste regs, any waste that demonstrates one or more hazardous properties, any other waste/ consignment the S of S determines as hazardous. Example : PoM’s are special waste.
Exclusions
Domestic waste is excluded by the HWD but is not defined. Considered to be hazardous waste from accommodation used purely for living purposes ( ie without commercial gain) BUT Separately collected fractions of Hazardous waste will be included BUT movement notes will not be required for collection from domestic premises EXCEPT for asbestos. Certain radioactive wastes Agricultural and Mines and Quarries waste- these will be caught when Waste Management amendment Regs are issued Soon?!
Main Provisions
Establishes requirement to notify premises producing waste - implemented in July 05 but allowed pre registration from late April. Duty to notify rests with the Waste Producer. Each premises producing haz waste has to be notified separately. Visiting mobile services( defined in regs) can register at their main business address.
Exemptions
Certain premises are exempt from notification if produce less than 200Kg in any 12 months. Include offices, shops, farms, caravans, residential/ nursing homes, charities, campsites, prisons, doctors /dentists surgeries and ships. Also if only WEEE produced. If more than 200kg produced then premises has to be registered. No de minimis for all other premises.
Domestic Hazardous waste & Asbestos
If removed by a contractor then they are considered the producer, they will use the premises registration for their mobile service. If separately collected fraction picked up eg by LA collection service then notification requirements kick in at “central collection points” EXCEPT for Asbestos where the contractor or LA has to register the domestic premises.
200kg - how to picture it
10 small TVs 14 lead acid batteries 500 fluorescent tubes 5 small domestic fridges.
Premises Notifications
Duty on producer ( but can use contractor) Unique premises code will be issued by Agency to be used to be used on each consignment. Will pay a registration fee. Valid for 1year Certain premises covered by exemption from notification eg offices, shops, farms. Set format of note and information required.
Mobile Services
Where work of construction, maintenance or repair of a premises or its fixture, fittings and equipment produces less than 200kg Hazardous Waste (over a year) the service can register their operating premises. Can’t own or occupy the premises where the work is being carried out.
Consignment Notes
Set format for the Notes- Requires details for each waste with a different EWC code. Uses both a Consignment code and the premises notification code Allows for a schedule of carriers And Multiple collections Sets out requirements for cross border movements. Scotland and NI have retained pre- notification.
Records and Returns
Requires all producers, holders and consignors to keep records for 3 years or if under a waste permit until permit revoked/surrendered. Carriers for 12 months. Consignees have to provide quarterly returns to Agency & report to producer/holder. Fee to EA for each consignment recorded (can recover payment from producer).
Other main provisions- mixing
Prohibits mixing of hazardous waste with any other waste or substance by producers or carriers. Only under permit or registered exemption. Need to establish segregation systems. Duty to separate mixed hazardous waste (technically and economically feasible). Duty on the Agency to periodically inspect. Sets offences and powers. Fixed penalty Notice of £300 available except for “False and misleading information” Establishes defences such as Due diligence and Cases where notification not immediately possible to avert grave danger.
Transitional Provisions
Allows operations involving “changed status wastes” to continue until 16th July 2006. Allows for a permit or modification to be applied for.
Main Changes from Special Waste Regs
Removes need for pre notification. Agency does not receive any of the notes unless requests them. More reliance on deposit site returns and inspection of producers.
List of Waste Regulations
Main Features - Haz Waste Regs
Exclusions
Main Provisions
Exemptions
Domestic Hazardous waste & Asbestos
200kg - how to picture it
Premises Notifications
Mobile Services
Consignment Notes
Records and Returns
Other main provisions- mixing
Transitional Provisions
Main Changes from Special Waste Regs
