Hazardous waste - new regime

Introduction

On 16 July 2005, the Hazardous Waste Regulations 2005 (England & Wales) came into force implementing new rules regarding the carriage and disposal of hazardous waste.

The rules are wide ranging and will require action by most businesses.

Is your waste hazardous waste?

Waste is hazardous when it contains substances or has properties that might make it harmful to human health or the environment. The term 'hazardous' does not always mean that such waste is immediately toxic, though some can be.

The Regulations define 118 new types of 'waste' including old TV's, fluorescent tubes, PC monitors, fridges and lead batteries.

Most commercial premises will be in the scope of the Regulations if they produce more than 200 kg of hazardous waste in any 12-month period. (200 kg is roughly equivalent to ten small TV’s or 20 computer screens).

What are your obligations?

All producers of hazardous waste must notify all of their premises where hazardous waste is produced to the Environment Agency. It is an offence to remove any hazardous waste from premises which have not been notified, unless the premises are exempt.

The second requirement is that every party in the chain (from production to disposal) must keep records of the waste, including quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment of the waste.

Further information

These Regulations are of great importance particularly as any person failing to comply with the requirements of the Regulations is committing a criminal offence, punishable by a fine not exceeding £5,000.

More serious offences are capable of being sent to the Crown Court where the penalties can include a fine and unlimited imprisonment for a term not exceeding 2 years or both.

Legal advice should be obtained as to the full content of the Regulations and for information as to how to dispose of your hazardous waste.

This bulletin is not intended to be comprehensive or to provide specific legal advice. It should not be relied upon in the absence of specific advice given in relation to particular circumstances.

For further information on this or any related topic please contact Paul Calladine.