HAZARDOUS WASTE (ENGLAND AND WALES) REGULATIONS 2005, AS AMENDED

These regulations outline controls in place for those producing, transporting and disposing of hazardous waste including tracking of the movement of hazardous waste. They implement the requirements of the EC Hazardous Waste Directive (91/689/EEC as amended by 94/31/EC).

Definition of Hazardous Waste

The term “hazardous waste” is defined in the Hazardous Waste Directive and the revised European Waste Catalogue as non-domestic waste that is included on a designated list. This list has been transposed into national legislation by the List of Wastes (England) Regulations 2005 and the List of Waste (Wales) Regulations 2005. Each waste listed has been given a unique six-digit code; hazardous wastes are marked with an asterisk. The codes must be used on all waste documentation. Some wastes are hazardous irrespective of the concentration of dangerous substances (absolute entries). However, others (termed mirror entries) are hazardous only if they contain dangerous substances at levels above the appropriate thresholds. The Environment Agency technical guidance document WM2 provides help and advice on the classification and assessment of hazardous waste.

Registration as a Hazardous Waste Producer

All non-domestic premises that produce hazardous waste or where hazardous waste is collected, must make themselves known to the Regulator via an annual registration. Premises include land and any ship and any other means of transport from which a mobile service is operated. Sites exempt from the requirement to register are listed in regulation 23(3) and include offices, shops and agricultural premises. In order to be exempt, a site must fall into one of the categories listed and produce less than 500kg of hazardous waste per year.

Waste Documentation

Hazardous waste must be accompanied by a consignment note. This is a specific form of waste transfer note. Hazardous waste producers (consignors) are required to retain consignment notes for three years under the Duty of Care. A 2009 amendment made it a requirement to include specific disposal or recovery codes on consignment notes, as per Annex IIA and IIB of the Waste Directive.

Hazardous waste transfer / management companies (consignees) are required to send quarterly consignment note returns to both the Regulator and the consignor. A charge is levied on carriers on the basis of quarterly returns to the Regulator covering all consignments accepted. The consignor is required to retain returns onsite for three years under the Duty of Care.

Compliance with these regulations is carried out by the Regulator through ‘cradle to grave’ auditing of hazardous waste movements. The Regulator checks that all paperwork is correct and complete from all parties in the waste consignment chain and that the waste has been handled and consigned properly at each part of the disposal process. The Regulator may also periodically inspect sites producing hazardous waste. 
In most cases, the mixing of any hazardous waste with any other type of waste, or other hazardous waste, is prohibited under the regulations unless the company has an environmental permit for this activity.

The regulations were amended by the Waste (England and Wales) Regulations 2011 by:

• replacing a number of definitions to bring them in line with the revised Waste Framework Directive (2008/98/EC) and making various other consequential amendments;
• amending H codes in Schedule 3 to include hazard code H13 as "sensitising" - substances and preparations which could lead to adverse health effects if they are inhaled or penetrate the skin. The previous H13 (waste capable of yielding another substance) is now H15;
• simplifying multiple hazardous waste collections with a modified consignment note introduced that can be used for multiple and single consignments (see Schedule 2 Part 3 of the 2011 regulations); and
• introducing a new condition in environmental permits that requires the mixing of hazardous wastes to comply with best available techniques, for example, sector guidance note IPPC S5.06 - Recovery and Disposal of Hazardous and Non-Hazardous Waste. New permits will include this condition and it will gradually be introduced into existing permits.

The new consignment note came into use on 28 September 2011. The 2003 SIC codes should continue to be recorded on consignment notes.

The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 makes minor consequential amendments to this piece of legislation as a result of amendments made to the EPR 2010 and the repeal of the Radioactive Substances Act 1993.

Applicability

Fabricated Examples Ltd produce the following hazardous waste streams:

• Waste oil
• Fluorescent tubes

During the brief site walkover the waste streams were observed to be signed, well segregated and on-site personnel appeared to show a good understanding with respect to management of hazardous waste.

The control of waste movements and the selection of disposal / recovery method is governed through procedures in the ISO14001-accredited environmental management system.

Fabricated Examples use the waste contractor Waste Ltd for the majority of waste movements off site. Through regular auditing, Fabricated Examples Ltd ensure that the contractor holds all appropriate licences and competencies to deal with the waste streams produced at the site.

All off site disposal of hazardous waste is accompanied by a hazardous waste consignment note. The company hold these records onsite for at least three years and are available for inspection by the certifier or regulator upon request. The company also receive and store consignment note returns with the appropriate consignment note for that waste stream.

Related Aspects
Fluorescent Tubes Waste Oil