Regulatory system in England and Wales
Waste materials come under specific regulatory controls if they have properties which are regarded as hazardous according to the relevant regulations (see Hazardous Waste (England and Wales) Regulations 2005 in the Register of Environmental Legislation).
What a producer needs to do
It is the responsibility of producers to recognise that their wastes are hazardous and have it disposed of accordingly. Producers must contact the Environment Agency and have their site registered as a producer of hazardous waste. This can be done on-line, but a charge will be made by the Agency.
Once the site is registered, it is the producer’s duty to provide the agency with regular (quarterly) returns, listing the wastes removed from their sites. Individual loads of waste are also accompanied by documentation. The agency carries out inspections of the registered sites producing hazardous waste in England.
This system of regulation replaces an earlier system where registration was not required, but the agency needed prior notification when waste was moved. However, at the time of writing, there are no waste treatment or disposal sites in Wales licensed to accept hazardous wastes.
Recognising hazardous wastes
Any waste materials which have the following properties are likely to be legally classified as hazardous waste:
- explosive
- oxidising
- highly flammable and flammable
- irritant
- harmful
- toxic
- carcinogenic
- corrosive
- corrosive
- infectious
- teratogenic
- mutagenic
- substances and preparations which emit toxic or very toxic gases
- substances and preparations which after disposal can produce a hazardous characteristic
- ecotoxic
If the producer of a waste material recognises any of the above properties in the material, then he must ensure that it is designated as a hazardous waste and that all the legal requirements are carried out.
Another way of checking if a waste should be regarded as hazardous is to check the EU Waste Catalogue Number which applies to that waste. The six-digit codes apply to the premises or processes which produce the wastes. Codes for hazardous wastes include an asterisk after the usual six numbers. Waste which contains a mixture of materials can be a problem for the person who has to consign it.
Some wastes listed in the EU Waste Catalogue are hazardous in any concentration. Others, known as ‘mirror entries’ in the catalogue, are only hazardous if they are present above certain concentrations. This can be used as a guideline when deciding if a particular waste stream is classified as hazardous or not. It is illegal to take a hazardous waste and dilute it by mixing it with non-hazardous waste.
Hazardous wastes common to most workplaces
Some waste materials which are classified as hazardous could arise from any workplace. For example, almost empty paint tins and other materials from decorating are classified as hazardous. Electronic equipment such as computers and visual display screens are also hazardous, as are fluorescent light tubes. All the regulatory requirements including registration with the Environment Agency as a producer must be carried out by the producer.
Clinical waste
Clinical waste is a specific category of controlled waste which many be generated in most workplaces. For example, a sharps box or soiled sticking plaster and bandages from a first aid room are clinical waste. Collection by reputable specialist contractors is the most efficient way of ensuring legal compliance. Depending on quantity, the same applies to feminine hygiene waste from washrooms.
Hazardous waste treatment and disposal
Hazardous waste cannot be disposed of directly in landfill sites. In line with the European requirements, hazardous wastes must be treated to reduce their hazardous properties before they are landfilled. Any producer of hazardous waste must work with their disposal contractors to ensure that the waste is properly segregated and treated so that the environmental impact of the waste is minimised.
Suitable licensed waste treatment and disposal sites are now few and far between. This is because England and Wales have fallen in line with European Directive requirements which require hazardous waste to be landfilled in a few highly-regulated sites which do not mix hazardous and non-hazardous wastes. (The former practice of ‘co-disposal’, i.e. mixing some hazardous wastes with non-hazardous wastes in many landfills, is no longer permitted.)
This means that producers may find that their waste travels a long way to reach a site where it is treated or landfilled. For example there are no landfills taking hazardous wastes in Wales and only a few in the Southwest of England (and the only hazardous waste allowed in those is asbestos).
Duty of care and hazardous waste – how far does it extend?
The waste producer’s duty of care applies to all controlled waste, including hazardous waste. However, the paperwork which has to be created for any load of hazardous waste more than adequately fulfils the requirements of the Duty of Care Regulations (see Environmental Protection (Duty of Care) Regulations 1991 and Hazardous Waste (England and Wales) Regulations 2005 in EEF Register of Environmental Legislation).
As with the duty of care for other controlled waste, it is up to the producer to take all necessary steps to ensure that their waste is being transported, treated and disposed of correctly. This duty might extend to checking that licenses are valid, visiting contractors’ depots, auditing sites, etc..