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Legislation

The Special Waste Regulations 1996 as amended 2001

Special waste is essentially waste which will cause environmental pollution or health effects if it is simply buried in landfill. The specific nature of what is special waste is detailed below, however if in doubt ask the manufacturer of the product from which the waste arises, your local Groundwork office or the Environment Agency.

The purpose of the Regulations is to provide control over special waste from the time the waste is produced to its final disposal or recovery, the so-called 'Cradle to Grave' philosophy.

Consignment notes must be completed for each movement of special waste (see below).

The Special Waste Regulations apply to persons who produce, carry, receive, keep, treat (including recovery) or dispose of special waste.

The revised European Waste Catalogue (EWC) and hazardous waste list were published in 2001. The list assigns a six-digit code to over 250 categories of special waste. It should be noted that some wastes not on the EU list might be classified as special, particularly if they contain one or more hazardous characteristic.

A waste is defined as special if:

1. It is any controlled waste, other than household waste, which is both

  •  in the list set out in Schedule 2 Part 1 of the Special Waste Regulations and which has a six digit code assigned to it in that list 
  • And if the waste displays any of the properties listed in Schedule 2 Part 2 of the Special Waste Regulations (see exceptions below)

2. It is any controlled waste (including waste not on the above lists) other than household waste, if it is:

  • Highly flammable (H3-A)
  • Irritant (H4)
  • Harmful (H5)
  • Toxic (H6)
  • Carcinogenic (H7)
  • Corrosive (H8)

3. It is any other controlled waste, other than household waste, which is a medicinal product as defined in Section 130 of the Medicines Act 1968, or which falls within a class specified in any Order enacted under Section 58 of the 1968 Act (prescription medicines only)

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 special 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 special 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 special waste from various premises need only complete one pre-notification which will last 12 months.
  • Certain types of special waste movements - including special 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.

Changes to the Special Waste Regulations to take account of the revised European Waste Catalogue and hazardous waste list were due to take affect from January 2002, but as yet the UK has failed to make the necessary changes. The Department for the Environment, Food and Rural Affairs (DEFRA) are still in a consultation period on proposed future legislation. It is not yet known when the new Regulations will come into force.


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