WASTE (ENGLAND AND WALES) REGULATIONS 2011

These regulations require the consideration of the waste hierarchy in decisions about waste management; introduce a new standard consignment note; make amendments to the content of transfer notes and consignment notes; introduce new conditions regarding hazardous waste mixing and the waste hierarchy into environmental permits; and provide for waste prevention programmes and national waste management plans.

These regulations implement the revised Waste Framework Directive (2008/98/EC) (rWFD) in England and Wales.

Waste Prevention Programmes (Part 2)

By 12 December 2013, the appropriate authority should have established one or more programmes of waste prevention measures (waste prevention programmes). Waste prevention measure means measures taken before a substance, material or product has become waste that reduce the quantity of waste, the adverse impacts of generated waste on the environment and human health or the content of harmful substances in materials and products.

The aim of waste prevention programmes is to break the link between economic growth and the environmental impacts associated with the generation of waste.

Waste Management Plans (Part 3)

The appropriate authority will ensure that there are one or more plans containing policies in relation to waste management in England or Wales (waste management plans). Waste management plans should conform to the strategy for the reduction of biodegradable waste going to landfill.

Waste Hierarchy (Part 5)

An establishment which imports, produces, collects, transports, recovered or disposes of waste, or which as a dealer or broker has control of waste must take all such measures available to it to apply the following waste hierarchy as a priority order:

• Prevention
• Preparing for re-use
• Recycling
• Other recovery (e.g. energy recovery)
• Disposal

Waste transfer notes and hazardous waste consignment notes now include a declaration of compliance with the waste hierarchy.

Environmental permits issued after 29 March 2011 for operations that generate waste will include a permit condition to apply the waste hierarchy in waste management decisions. Existing environmental permits will have this condition included in their permit when they are next reviewed. Demonstration of consideration of the waste hierarchy will be required upon request by an EA officer.

Establishments which collect waste paper, metal, plastic or glass are required, from 1 January 2015, to take all measures to ensure separate collections of that waste that are technically, economically and environmentally practicable, and meet the necessary quality standards for recycling. Where waste has been separately collected, it must not be mixed with other waste or material with different properties.

Deposits at Sea (Part 7)

The appropriate authority must exercise its offshore licensing functions to meet the requirements of the WFD and must conduct appropriate periodic inspections.

Transfer of Waste (Part 9)

Transfers notes must accompany all controlled waste transfers and should identify the waste (including its quantity, the type of container, the time and place and the SIC code of the transferor); give the name and address of the transferor and transferee and be signed by them; include the status of the transferor and transferee (producer/importer/transporter etc); and confirm that the transferor has discharged the duty to apply the waste hierarchy (regulation 12). “SIC code” means a code included in the UK Standard Industrial Classification of Industrial Activities 2007 (SIC 2007).

Enforcement (Part 10)

The EA may serve a compliance notice or a stop notice on:

• a person that has not considered the waste hierarchy;
• a carrier that does not make significant effort to segregate metal, paper and plastic and ensure it is not mixed;or
• acts as a waste broker, dealer or carrier without a licence, or comply with a licence.

Excluded Waste

The rWFD excludes a number of waste categories, including animal by-products.

Amendments

Please see the relevant entries for amendments made regarding:

• Registration of waste carriers, brokers and dealers in the Control of Pollution (Amendment) Act 1989;
• consignment notes in Hazardous Waste (England and Wales) Regulations 2005, as amended

The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 makes minor amendments to this legislation as a result of amendments made to the Environmental Permitting Regulations and the repeal of the Radioactive Substances Act 1993.

Applicability

England Sites:

Ardagh Glass must ensure that waste movements are covered by a waste transfer note, and if hazardous, a consignment note.

The company should be aware of the requirement to provide additional information on waste transfer notes, including the EWC code, SIC (in 2007 format) entry and confirmation that the waste hierarchy has been applied.

The company should note that the previous ‘multiple collection’ consignment note has been discontinued and all consignment notes now follow a revised format. Consignment notes have also been extended to include confirmation that the waste hierarchy has been applied.

These extended requirements should be considered by duty of care procedures and audits carried out.

Related Aspects
Asbestos General Waste Waste Electrical and Electronic Equipment Special Waste/Hazardous Waste Scrap Metal Fluorescent Tubes Waste Cardboard Inkjet Cartridges Reject Bottles / Waste Glass Waste Chemicals Cullet- Spoil Interceptor Sludge Waste Cooking Oil Solvent and aerosol Waste Waste Packaging Waste Oil and Oil Contaminated Material Pallets Batteries Swarf Furnace Wastes Drums