Regulatory Overview Hazardous Waste (England and Wales) Regulations 2005

1. Regulatory OverviewHazardous Waste (England and Wales) Regulations 2005 Glenn Fleetwood Associate Consultant

2. Introduction The Hazardous Waste (England and Wales) Regulations 2005 came into effect on the 16th July, 2005. As a consequence…. • The term ‘hazardous’ replaced the term ‘special’ in all relevant environmental legislation. • The European Waste Catalogue (EWC) has redefined and categorised all existing definitions of controlled waste. • WEEE containing dangerous substances is now classified as hazardous waste. • Hazardous Waste Producers must now have most HW producing Premises registered to the EA by notification. • There are significantly revised procedures for consignment and associated paperwork.

3. A Few Definitions…. Producer – any organisation or person(s) whose activities produce Hazardous Waste. Premises – any area of land with or without buildings on which Hazardous Waste is produced or held. Notified Premises – any Premises whose perimeter has been agreed with the EA and for which a unique EA defined Premises Code has been issued. ‘A Person’ – any individual who undertakes specific tasks as regards the requirements of the Regulations on behalf of the Producer. Consignor – the person who causes Hazardous Waste to be removed from a Premises. Carrier – the person who transfers Hazardous Waste between Producer Premises or to the Consignee. Consignee – the person to whom the Hazardous Waste is transferred for recovery or disposal.

4. Part 1 - General Hazardous Waste must be recovered and disposed without endangering human health and without processes or methods that could harm the environment – in particular…. • Without risk to water, air, soil and plants and animals • Without causing an nuisance through noise or odours • Without adversely affecting the countryside or places of special interest

5. Part 2 – HW Definition • Every type of waste identified by the European Union has been allocated a six-figure code. These codes are recorded in the European Waste Catalogue. • EWC Codes recorded in red indicate hazardous waste, those recorded in bluesometimes indicate hazardous waste. • These codes can be found in the Hazardous Waste Technical Guidance WM2 available from the EA. • Under exceptional circumstances the Secretary of State can reclassify a consignment of waste as hazardous waste.

6. Part 3 - Application The Regulations…. • Apply to all hazardous waste in England notwithstanding that it was produced on or removed from premises in Scotland, Wales, Northern Ireland or Gibraltar. • Only apply to Radioactive Waste if that waste is exempt from the provisions of the Radioactive Substances Act and is classified as hazardous for other reasons. • Has applied to agricultural waste since the 1st September 2006.

7. Part 4 – Mixing HW • Hazardous Waste cannot be mixed with…. • Different categories of Hazardous Waste • Non-Hazardous Waste categories • Any other substance or material • Mixed Hazardous Wastes must be separated when…. • It is technically and economically feasible to do so; and • When necessary in order to comply with the Waste Directive conditions • These requirements do not apply to hazardous materials mixed together before they became waste.

8. Part 5 – Notification of Premises • Where Hazardous Waste is produced at or removed from any premises (except exempt premises) and this amount is equal to or more than 200kg/year it must be notified to the EA. • Hazardous Waste may not be removed from non-notified, non-exempted premises. • Notification must be re-established every 12 months. • Each notified premises has a unique Premises Code assigned to it by the EA. • The EA issued Certificate of Notification must be held on the Premises – available for scrutiny by the EA or any relevant Consignee

9. Note – EA Definition of Premises The following definitions are summaries of the response to questions put to the National Technical Advisor for Hazardous Waste at the Environment Agency (EA). A Premises may…. • Consist of a building or number of buildings on land provided they are on the same land and occupied by the same business or organisation. • Incorporate a public or other highway dividing it so long as a single boundary encompasses those elements of the site so divided.

10. Part 6 – Movement of HW ‘A Person’ on behalf of the Producer completing a consignment of Hazardous Waste must…. • Assign a unique code to the consignment incorporating the Premises Code of the premises from which it is moved. • Complete (with the carrier) the relevant Consignment Note describing the hazardous waste types, associated hazards, EWC Codes and quantity of each. • Sign a legally binding declaration as to the accuracy of the Consignment Note details. • In the case that a consignment of Hazardous Waste is refused – complete (with the carrier) the required paperwork and retake charge of the refused consignment.

11. Part 7 – Records and Returns ‘A Person’ on behalf of the Producer after completing a consignment of Hazardous Waste must…. • Hold a copy of all Consignment Notes and associated paperwork on the relevant Premises for a minimum of 3 years. • Provide records requested by the EA in writing within the required timeframe. • Produce quarterly returns to the EA detailing all movements of Hazardous Wastes carried out by Producer including the following…. • All carried consignments • All rejected consignments • All consignment details held for multiple collections

12. Part 8 – EA Functions The EA will undertake the following…. • Appropriate periodic inspections of Hazardous Waste Producers. • To meet this requirement the EA is in the process of…. • Producing a ‘Sector Profile’ for Producers • Inspect Producers using the ‘Sector Profile’ and the EP OPRA scoring system to assess performance against the regulations • For now however the EA have not confirmed they have finalised an FHE ‘Sector Profile’. Large scale producer sectors are most likely to be targeted first.

13. Part 9 – Emergencies and Grave Danger Definition:- A situation that if it should arise concerning hazardous waste, could be a threat to the population or the environment in any place. The Producer must undertake the following under such circumstances…. (a) Take all lawful and reasonable steps to avert it (b) If not (a), then take all lawful and reasonable steps to mitigate it (c) Tell the EA immediately if (a) was not completely successful (d) Write to the EA within a week if they were initially notified orally Note:- The Producer is not released from these requirements even if the waste is no longer in their possession or control due to release

14. Part 10 - Enforcement The following requirements of the regulations are specifically mentioned in Part 10…. • Mixing Hazardous Waste • Requirement to Notify Premises • Removal of HW from non-notified, non-exempted Premises • Dealing correctly with all aspects of HW consignment • Raising and holding all required Records and Returns • Dealing properly with Emergencies and Grave Danger If the Producer as a Corporate Body and/or ‘A Person’ contravenes with consent, connivance or negligence these requirements they will be deemed to have no lawful defence against prosecution.

15. Part 11 – Replacement of Controls on Special Waste The following requirements of the regulations are specifically mentioned in Part 11…. • All instances of the term ‘Special Waste’ in other Acts are replaced with the term ‘Hazardous Waste’ • All wastes listed as hazardous in the WM2 document are to be regarded as hazardous waste • Any waste deemed hazardous by the Secretary of State is to be regarded as hazardous as per these regulations

16. Part 12 – Special Provisions The following requirements of the regulations are specifically mentioned in Part 12…. • The regulations cannot require an individual to produce documentation they would be entitled to refuse on the grounds of legal privilege. • ‘A Person’ cannot be required to answer any question or give information which may incriminate them or their spouse (except as directed below) • ‘A Person’ must comply with any EA request as pertains to the defined function of the Regulator as per these regulations

17. Regulations in Summary You could say that the HW Regulations achieved the following…. • Put the onus of management and control of HW consignments on the producer and carrier • Relieved the EA of a lot of ‘unnecessary’ paperwork…. • Confused the Scottish Parliament so much they decided to ignore it! • Introduced a few more legally defined terms beginning with ‘con’…. • Made ‘A Person’ quite nervous….