Hazardous Waste (England and Wales)

Hazardous Waste is a term used extensively in European legislation and applies to waste that presents a hazard to human health or to the environment. The term specifically refers to wastes that appear in the European Waste Catalogue (EWC) as a result of possessing one or more of the hazardous properties that are set out in the Hazardous Waste Directive. The wastes that possess hazardous properties are identified in the EWC by means of an asterisk

Changes have been introduced for England and Wales following the adoption of The Hazardous Waste (England and Wales) Regulations 2005 that repeal the Special Waste Regulations1996. This legislation presents a regime to control and track the movement of hazardous waste with a view to implementing the Hazardous Waste Directive. The Regulations extend to England and Wales (only Part 11 introducing modifications to the Environmental Protection Act 1990 apply to Wales) and are supported by the List of Waste (England) Regulations 2005 that provides a list of hazardous and non-hazardous wastes, similar to the European Waste Catalogue.

In England, premises that produce hazardous waste must be pre-registered with the Environment Agency. A fee (currently £18 for on-line registrations) is payable and registration applications can be lodged on line at (www.environment-agency.gov.uk/business/topics/waste/32198.aspx)

There is no requirement to pre-notify the Agency in England of any hazardous waste movement. All consignments of hazardous waste must be accompanied by an appropriate consignment note but it is not necessary for these notes to be purchased from the Agency, although they must satisfy the requirements of the Hazardous Waste (England and Wales) Regulations 2005. Copies of all Consignment Notes must be kept in a register for a minimum of three years from the date on which the consignment left the site. The person to whom hazardous waste is consigned must provide the Agency and the waste producer with a quarterly return giving details of the waste they have received.

Hazardous waste is subject to the Duty of Care and the requirements of the Environmental Protection (Duty of Care) Regulations 1991. Compliance with the Duty of Care, however, does not in any way discharge the need to comply with the Hazardous Waste Regulations.

Segregation of hazardous waste is now required by law. In addition, if one item of hazardous waste is mixed with a consignment of household waste, this will result in the whole consignment having to be disposed of as hazardous waste.

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Hazardous Waste (England and Wales)

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