Key points
Key points of this new legislation for England and Wales include:
- The term "special waste" has been replaced by the term "hazardous waste"
- The definition of hazardous waste has been aligned with the Hazardous Waste Directive.
- The European Waste Catalogue has been transposed into legislation by means of The List of Wastes (England) Regulations 2005
- Removal of the exemption for household waste but with a remaining exemption for domestic waste, with the exception of waste containing asbestos and also separately collected fractions.
- Bringing agricultural waste within the legislation from 1 September 2006.
- A requirement that producers of hazardous waste pre-register premises at which hazardous waste is produced (for which there is a fee). There are certain exceptions to this and these can be found at (www.defra.gov.uk/environment/waste/special/pdf/hwr-faq.pdf)
- Removing the requirement to pre-notify the Environment Agency prior to individual movements of hazardous waste once registered as a producer.
- Providing examples of the various types of form (Schedules 4 to 7) that should be used to accompany hazardous waste whenever it is moved. The forms are designed to ensure that an accurate description of waste accompanies it whenever it is moved.
- Requiring consignees to provide the Environment Agency with a quarterly return that details consignments they have received during that period.
- Requiring consignees to make a return notification to producers confirming receipt of Hazardous Waste