The Hazardous Waste (England and Wales) Regulations 2005 (SI 2005/894)
These regulations set out the regime for the control and tracking of the movement of hazardous waste for the purpose of implementing the Hazardous Waste Directive (Directive 91/689/EC).
The Waste Framework Directive regulates, subject to certain exclusions, the management of all types of waste (Directive waste). The Hazardous Waste Directive supplements the Waste Framework Directive by imposing additional requirements in relation to Directive waste which displays certain hazardous properties.
These Regulations repeal the Special Waste Regulations 1996 and replace the term "special waste" with "hazardous waste".
Consignment notes must be completed for each movement of special waste
(see below).
Where hazardous waste is produced at, or removed from any premises (other than those premises which are exempt) the site must be registered with the Environment Agency in accordance with the requirements of these regulations. It is the duty of the hazardous waste producer to notify the Environment Agency.
The descriptions of exempt premises is one producing less then 200kg of hazardous waste in twelve months as long as they fit into one of the following categories:
- office premises
- shop premises
- premises used for agriculture within the meaning of the Agriculture Act 1947
- Premises described in Schedule 1 to the Controlled Waste Regulations 1992
- premises at which waste electrical and electronic equipment is collected
- premises used by a dental, veterinary or medical practice
- any ship.
The definition of hazardous waste refers to the list of hazardous wastes set out in the List of Wastes (England) Regulations 2005 (S.I. 2005/895). There is an exclusion from these controls for domestic waste which displays hazardous properties but not if it comprises asbestos waste or is collected separately. In both cases, the Regulations do not impose obligations directly on the householder.
Exemptions
1. Household waste
2. Waste which is treated as household waste under Controlled Waste Regulations
SI 1992/558 except:
- asbestos
- laboratory wastes
- hospital waste
(other than waste arising wholly from a self contained part of the hospital
used for living accommodation only)
3. Any controlled
waste, other than household waste, which displays any of the following
properties:
- Irritant (H4)
- Harmful (H5)
- Toxic (H6)
- Carcinogenic (H7)
- Corrosive (H8)
will not be hazardous
waste where it does not meet any of the criteria set out in Schedule 2
Part 3.
Consignment Notes
There is a requirement
to pre-notify the Environment Agency before any hazardous waste is removed
from any premises. A copy of the consignment note must be sent to the
Environment Agency responsible for the area where the waste is destined
at least 3 clear working days in advance of the removal of the waste,
but not more than 1 month before the removal of the waste.
Exemptions
from Pre-notification
- Repeat consignments
- of the same waste to the same destination can be notified at the time
of the first consignment with no further notification being required
for 12 months.
- Waste carriers
- collecting similar consignments of hazardous waste from various premises
need only complete one pre-notification which will last 12 months.
- Certain types
of hazardous waste movements - including hazardous waste movements within
a company prior to disposal or recovery, products or materials returned
to the originator because they don’t meet the required specification
and lead acid batteries.
Please note: These statements are for your assistance and may
not be complete for your company’s particular circumstances. If
in any doubt you are advised to consult your local Groundwork office or
the Environment Agency to ensure that any action you take is within the
law.
Environment
Agency:
Northwest Regional office (Warrington) – 01925 653 999
Sub-regional offices:
Northern area office (Carlisle) – 01228 25151
Central area office (Preston) – 01772 339882
Southern area office (Sale) – 0161 973 2237
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