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
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