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Waste not, want not
Page 40
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From last month all operators producing hazardous waste on site must register with the Environment Agency. Christine
Lancaster and Douglas Taylor report.
New regulations require any premises where hazardous waste is produced, except those which are "exempt premises-, to have been registered with the Environment Agency by 16 July 2005.The EA has stated that less than a third of all small and medium-size businesses are aware of the new rules on hazardous waste.
On 16 July 2005, the Special Waste Regulations 1996 were repealed and replaced by the Hazardous Waste Regulations 2005 .The List of Hazardous Waste Regulations 2005 (LOWR) came into force on the same date.
These regulations apply in England and Wales and run alongside the ADR Regulations which cover the transport of hazardous goods. Some operators will be covered by both.
Aim of the regulations
The new legislation is designed to ensure the safe management of hazardous waste.
• A definition of hazardous waste will be introduced into domestic legislation (consequently removing the use of the term "special waste").
• Producers of hazardous waste will be required to notify their premises; ending the requirement to pre-notify wastes to the EA as per the Special Waste Regulations 1996.
• "Cradle-to-grave" documentation will be needed for the movement of hazardous waste.
• Consignees are required to keep thorough records of hazardous waste and give the EA quarterly disposal and recovery information.
What are hazardous wastes?
Hazardous wastes are considered to have one or more properties hazardous to health or the environment. The European Commission has drawn up a list of hazardous waste and incorporated it into a revised European Waste Oita logue;lhis list has been translated into domestic legislation by the LOWR.
-Hazardous wasteis defined in the HW Regulations as any waste listed as hazardous in the LOWR; or any batch of waste determined by the Secretary of State to be hazardous.
Most waste defined as "special waste" under the Special Waste Regulations 1996 is covered by the new HW Regulations, but there are exceptions. Examples are: agricultural or mines and quarries waste (excluded until the implementation of new Waste Management Regulations on 1 September 2006) and domestic waste (excluding asbestos). Some wastes not previously defined as "special waste" will be classified as "hazardous waste".
Notification process Unless they are "exemptthe EA must be notified of any premises in England or Wales where any quantity of hazardous waste is to be produced or removed from after 16 July 2005. Upon notification, the EA will issue a registration code unique to those premises (Premises Code). A Premises Code is effective for 12 months from the start date requested by the applicant, which may be up to one month from the date of application. Notification can be made to the EA by the internet, phone, electronically, or by paper copy. The maximum number of notifications in one application is 2000, and costs will vary dependent on the application method chosen (for example notification by e-mail costs £18).
Exempt premises Under the HW Regulations certain types of businesses may be exempt from the notification requirement. In order to be exempt: • The premises must fall within the list of exempt premises in the HW Regulations.
• The exempt premises listed in the HW Regulations must produce less than 200kg of haz ardous waste in any 12-month period. If premises look likely to exceed their 200kg limit, the EA must be notified before this occurs.
• The waste must be collected by a registered waste carrier or an exempt carrier.
Penalties Breaching the main requirements of the HW Regulations is a criminal offence and a person failing to comply will be subject to either a fixed penalty or up to £5,000 on summary conviction and an unlimited fine and/or imprisonment for two years on indictment.
Risk of prosecution
The EA has indicated that after 16 July it will be targeting anyone found illegally dumping hazardous waste or deliberately trying to pass off hazardous waste as non-hazardous.
Scotland
The HW Regulations do not apply to Scotland; the pertinent legislation there is the Special Waste Regulations 1996 as amended by the Special Waste Amendment (Scotland) Regulations 2004. In Scotland, the requirement to notify the Environment Agency does not exist. Producers of hazardous waste in Scotland do not need to register with the Environment Agency even if they export their waste to England or Wales. The penalties in Scotland mirror those of the HW Regulations..
CONTACT: www.environment-agency.gov.uk