Hazardous Waste

At first sight an operating centre may not seem an obvious location for the production of hazardous waste. However, transport operators are likely to be producers of hazardous waste by virtue of the day to day by-products from running a transport business.

New controls on the management of hazardous waste came into effect on 16 July 2005. They have an impact on waste producers, those who manage waste on their behalf and those land filling the waste. Their effect is far reaching and any operator to whom the regulations apply should now be fully compliant.

The New Regulations

The Hazardous Waste (England & Wales) Regulations 2005 replace the Special Waste Regulations 1996. The terminology will change so that the term hazardous waste includes what previously was known as special waste. This means that for the first time many businesses could be producing "hazardous waste". The Hazardous Waste Regulations apply to both England and Wales but there is a separate list of waste for England and a separate list for waste for Wales .

What is Hazardous Waste?

• Hazardous waste is any waste listed in the List of Waste Regulations 2005 that came into force together with the Hazardous Waste Regulations on 16 July 2005. It is a wide ranging list and operators should check to see whether their specific activity is covered by the Regulations. The List of Wastes are sub-divided according to the source of the waste. These of interest to operators are likely to include:
• Oil wastes and wastes of liquid fuels,
• Wastes from the supply and use of coatings, adhesives and sealants,
• Wastes from shaping and mechanical surface treatment of metals,
• Waste packaging, absorbents, wiping cloths and filler materials

Waste not otherwise specified in the list which includes:

• End of life tyres
• End of life vehicles
• Oil filters
• Brake pads
• Brake fluids
• Anti freeze.

The Need to Notify

All operators who produce hazardous waste have a duty to notify the Environment Agency of their premises where hazardous waste is produced and from where hazardous waste is removed.

Each separate premises has to be notified to the agency. The notification should have taken place before the new regulations took effect.

There are specific rules for the providers of mobile services, which would include mobile mechanics. The providers of mobile service may notify their main operating premises rather than each individual premises from which they remove waste. However this exception only applies if they neither own nor occupy the premises where they perform the mobile service and that they produce not more than 200kg of hazardous waste in any 12 months.

Consignment Notes

There is a new consignment note system.

Different consignment notes must be used depending on whether it is a single waste movement or a collection round involving multiple producers of waste.

Before waste is removed the producer or holder must complete an annex to the consignment note and the carrier must sign it. The carrier must give the completed consignment note to the producer. The consignment note must identify a premises code and a copy of the consignment note must be given to the consignee on delivery of the consignment.

What happens if I fail to comply with the Regulations?

Amongst other things it is an offence under the Regulations :

• To fail to notify the Environment Agency of premises where hazardous waste is produced or to provide false or misleading information.
• To remove or cause to be removed hazardous waste from premises that are not notified premises.
• To fail to comply with the requirements for completing a consignment note.
• To failure to comply with any of the above could result in a fine of up to £5,000.

However the Environment Agency can issue a notice offering for the matter to be dealt with by means of a £300 fixed penalty.

How Can I Ensure Compliance?

The purpose of the Hazardous Waste Regulations is to prevent pollution to the environment and protect human health. In order for transport operators to ensure compliance; they should amongst other things:-

• Know what is in your waste.
• Check the List of Waste Regulations.
• Make sure you do not inadvertently pass on hazardous waste.
• Check that all premises that require registration have been notified.
• Ensure hazardous wastes are transported by registered waste carriers and transferred to authorised sites.
• Keep a list of hazardous waste so that you know where they are located and how to deal with any emergency.
• Consider the use of alternative materials so as to reduce the production of hazardous waste.

Christabel Hallas, Solicitor, Ford & Warren Regulatory Department, Leeds

Contact : 01132 436601 : E mail christabel.hallas@forwarn.com