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In England, Northern Ireland or Wales, waste that may be harmful to human health or the environment is known as hazardous waste. In Scotland, this waste is known as special waste.
The guidance across the different countries of the UK varies and the guidance below is for England and Wales, but essentially, as a producer of hazardous wastes you must ensure that you are disposing of this waste to the correct facilities and with the appropriate documents.
- What is hazardous waste?
- Do hazardous waste controls apply to you?
- What do you need to do?
- Landfill of hazardous waste
What is hazardous waste?
Hazardous waste is waste that may be harmful to human health or the environment. Examples of hazardous wastes include:
- asbestos
- chemical wastes
- healthcare wastes
- electrical equipment containing hazardous components such as cathode ray tubes or lead solder
- fluorescent light tubes
- lead-acid batteries
- oily sludges
- pesticides
- solvents.
The European Waste Catalogue (EWC) contains a list of all types of waste and each waste type is given a six-digit code (Adobe Acrobat Reader® is required to view this document, click here to download it). Hazardous waste is identified in the EWC with an asterisk (*):
- some wastes, called 'absolute entries', are always classed as hazardous, for example inorganic wood preservatives, waste paint or varnish remover and wastes from asbestos processing
- other wastes, called 'mirror entries', are classed as hazardous if they are present in amounts above certain threshold concentrations, for example some wastes containing arsenic or mercury.
The Environment Agency has produced guidance has produced guidance that will help companies determine which wastes are hazardous
What is hazardous waste in England and Wales?: Environment Agency guidance
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Do hazardous waste controls apply to you?
Your business is likely to produce some hazardous waste.
You must ensure that your hazardous waste is dealt with appropriately. There are special provisions for:
- domestic waste (except for asbestos waste)
- used explosives
- mineral wastes from mining and quarrying activities
- most radioactive wastes.
Under the regulations, producers of hazardous waste can no longer dispose of these items along with general waste. To do so is illegal, and leaves your organisation open to court proceedings with fines of up to £5,000 and £300 on-the-spot fines.
In addition, hazardous waste such as lamps, computer and TV equipment can only be stored on unlicensed premises for a maximum period of twelve months. Storing the waste beyond this time is a further offense.
All producers must register annually with the Environment Agency (EA) before they can dispose of hazardous waste. The EA now advises recycling companies to check that the premises they collect from are registered. If they're not, the carrier should refuse to take the waste and report the premises to the EA.
You must also be able to demonstrate that you have transferred all hazardous waste to an authorised third party or risk prosecution by the EA. The most critical proof of this is the Hazardous Waste Consignment Note. It is this note that effectively transfers your responsibility for disposal of the waste to an accredited third party, and provides onward accountability for the waste producer as required by the new regulations.
If you have not yet registered your company as a hazardous waste producer, IWMS can provide this service for you and guide you through ensuring your company is compliant with this legislation. Please contact us for more information on registering as a hazardous waste producer.
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What do you need to do?
Your environmental regulator tracks the movement of hazardous waste through a consignment note system. This ensures that waste is managed responsibly from where it is produced until it reaches an authorised recovery or disposal facility. Waste producers must keep consignment notes for three years.
You must ensure that all hazardous waste is stored and transported with the correct packaging and labelling.
Register as a hazardous waste producer
You must register your premises with the Environment Agency before you allow your hazardous waste to leave your premises. The Environment Agency will issue you with a unique registration code.
Your premises may be exempt from registering if:
you produce less than 200kg of hazardous waste in any 12-month period
AND
your premises is an office, a shop, used for the collection of waste electrical and electronic equipment, or a dental, veterinary or medical practice
AND
you use a registered carrier (or one exempt from being registered) to remove your hazardous waste from where it was produced.
If your premises are not exempt, you must register, even if your premises produce less than 200kg of hazardous waste.
If you have not yet registered your company as a hazardous waste producer, IWMS can provide this service for you and guide you trough insuring your company is compliant with this legislation. Please contact us for more information on registering as a hazardous waste producer.
Even if you are exempt from registering, you must still use a consignment note to accompany hazardous waste.
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Landfill of hazardous waste
You must dispose of hazardous waste at a landfill site that is authorised to accept it. Some landfill sites that are classified as non-hazardous may be able to take certain stable non-reactive hazardous wastes if they have the appropriate facilities.
A landfill site authorised to accept hazardous waste may not be able to take all types of hazardous waste. Different types of hazardous waste may only be accepted at a hazardous waste landfill if:
- the landfill owner's licence or permit allows it
- certain waste acceptance criteria (WAC) are met and
- the landfill operator is prepared to accept it.
Your hazardous waste must be treated before it can be set to landfill to meet the limits set by a landfill site's WAC. Treatment means physical, thermal, chemical or biological processes, including sorting, that change the characteristics of the waste in order to:
- reduce its volume
- reduce its hazardous nature
- make it safe to handle
- make it easier to recover.
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