Waste - Transfer of Controlled Waste

• Environment Protection Act 1990 (EPA 90)

Part II of EPA 90 introduces the Duty of Care, which obliges waste producers to manage their waste responsibly.

• Environment Protection (Duty of Care) Regulations 1991

Under these Regulations any person who imports, produces, carries, keeps, treats or disposes of controlled waste has a duty to take all reasonable steps to ensure that their waste is handled lawfully and safely.

• Control of Pollution (Amendment) Act 1989 (as amended)
• Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991

Control of Pollution (Amendment) Act 1989 is the principal legislation which requires all carriers of controlled waste to be registered. SEPA/EA are required to establish and maintain a public register of carriers. Carriers are exempt from registration if they are carrying waste they have produced themselves, unless it is building or demolition waste.

• Controlled Waste Regulations 1992 (as amended)

These regulations define "Controlled Waste" for the purposes of EPA 90. Three categories of controlled waste are defined i.e. household, industrial and commercial. Definition of Controlled Waste has been amended (see below) by the EU Framework Directive on Waste (via the Waste Management Licensing Regulations 1994). See Waste Definitions below.

• Landfill (Scotland) Regulations 2003 as amended and Landfill (England and Wales) Regulations 2002 as amended

These Regulations require operators of landfill sites to inspect the waste on receipt and satisfy himself that the waste conforms to the description provided in the transfer documentation. If waste does not conform to the description, the waste consignment will be refused. The waste description must conform to the European Waste Catalogue definitions (see below).

• Directive 2008/98/EC on Waste

The European Parliament introduced a new Directive, 2008/98/EC, on waste and repealing certain Directives. The Directive lays down measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving efficiency of such use.

• The Environmental Permitting (EP) Regulations

The Environmental Permitting (EP) Regulations will introduce new and revised standard rules and generic risk assessments concerning waste operations under the Integrated Pollution Prevention and Control Directive. Expected during 2009. Standard rules define how operators must carry out activities, for example by limiting the types of waste that can be brought onto a site. If an operator wishes to carry out an activity covered by standard rules they can apply for a standard permit. This will be quicker and easier than applying for a bespoke permit with a more detailed assessment. (Details on consultation).

• Hazardous Waste (England and Wales) (Amendment) Regulations 2009

These Hazardous Waste Regulations affects handlers of hazardous waste in England and Wales. The Regulations require hazardous waste producers to notify the Environment Agency before hazardous wastes can be removed from the premises. Certain low risk premises are exempted from the Regulations as long as they produce less than a specified amount of hazardous waste per annum. The qualifying limitation has risen from 200kg to 500kg. See also 'Explanatory Note'.

1. The Waste Batteries and Accumulators Regulations 2009

The EU's Directive on Batteries and Accumulators and Waste Batteries and Accumulators (2006/66/EC) aims to reduce the environmental impact of portable, automotive and industrial batteries by increasing recycling and 'greening' the supply chain that produces and distributes them. It applies to all types of batteries regardless of shape, volume, weight, material composition or use.

The Waste Batteries and Accumulators Regulations 2009 came into force on 5th May 2009 which establish the legislative framework for the collection, treatment and recycling of waste batteries and accumulators in the UK.

A key element requires persons placing batteries on the market to register as a producer of batteries, and report on waste batteries collected and sent for recycling.

These regulations establish the scope of 'producer responsibility', requiring producers of batteries and accumulators to take responsibility for separately collecting and recycling batteries and accumulators once they become waste.

• The Waste Batteries (Scotland) Regulations 2009

The over-arching Battery Directive aims to improve the environmental performance of those involved in the life cycle of batteries, e.g. producer, distributors, end-users and waste operators. The regulations aim to protect the environment from hazardous compounds found in industrial and automotive batteries. It prohibits the disposal of untreated industrial and automotive batteries to landfill or by incineration. Operators are required to store batteries only on an impermeable surface and under weatherproof covering;

Requirements for handling batteries will also see amendments to existing licenses granted under the Waste Licensing Regulations 1994 and existing permits granted under the Pollution Prevention and Control (Scotland) Regulations 2000.

Commission Decision 2000/532/EEC as amended by Commission Decision 2001/118/EC and 2001/119/EC (European Waste Catalogue and Hazardous Waste List)

The European Waste Catalogue provides a list of definitions and codes for classifying wastes. This system provides a more precise method of identify the type of waste. Copies of the catalogue can be found at the following links

Consolidated Version of European Waste Catalogue - EA Website

European Waste Catalogue - Biffa Website

The term ‘special waste’ is obsolete in England and Wales from July 2005 when the Hazardous Waste (England and Wales) Regulations and the List of Wastes (England) Regulations come into force introducing the hazardous waste regime and replacing the Special Waste Regulations. Guidance on types of waste can be found on the Defra website (pdf). The Special Waste Regulations still apply in Scotland.

The List of Waste Regulations 2005 (England) transpose the European Waste Catalogue (EWC) into domestic legislation. The term ‘European Waste Code’ has been replaced by ‘List of Waste’ (LOW).

Industry uses a coding system for hazardous wastes and waste transfer notes, under the Duty of Care. However the list has more than 800 codes for all hazardous and non-hazardous waste and is difficult to use correctly. The EA therefore now uses LOW codes in permitting to specify wastes that facilities can accept under the terms of their waste management licences, PPC permits and in relation to exemptions. Guidance is available in Using the List of Wastes to Code Wastes.

New Regulations are eventually proposed which will see the List of Waste Regulations eventually replacing the European Waste Catalogue.

Consent is not required by the waste producer but Duty of Care makes it the waste producers responsibility to ensure that waste is only transferred to an appropriately licensed carrier who should have a Waste Carrier Registration. If in any doubt, contact the EA or SEPA (as appropriate).

Transfer of Controlled Waste requires a Transfer Note to be completed. This requirement includes waste landed from offshore that is then being onward transported.

Waste carriers (onshore) must have an appropriate Waste Carrier Registration. Vessels carrying waste from offshore facilities to shore do not need to be registered (see Authorised Transport Purposes).

It is the responsibility of the waste producer to ensure that the waste carrier is licensed. The Code of Practice on the Duty of Care suggests that every vehicle used by a waste carrier should carry a numbered copy of the registration certificate which will facilitate checking of registration details.

Application in writing using a form provided by SEPA or EA. Applications take 2 months to process. Note: Carriage of waste within a site does not require registration.

You can transfer waste to someone for "authorised transport purposes" without them requiring to be registered, this includes:

• The transfer of controlled waste between different places within the same premises;
• The transport of controlled waste into Great Britain from outside Great Britain; and
• The transport by air or sea of controlled waste from a place in Great Britain to a place outside Great Britain.

In terms of shipping waste from offshore facilities, the vessel does not require to be registered. However the waste producer (or importer e.g. supply vessel) should have completed a Transfer Note, for this to be handed on to the Registered Waste Carrier once the waste reaches shore.

All waste transfers (including from offshore) require completion of a Transfer Note (or Consignment Note if Special/Hazardous Waste - see Transfer of Hazardous and Special Waste).

Records should be kept that details the quantity, nature, origin, and where relevant, destination, frequency of collection, mode of transport and treatment method of any waste disposed of or recovered. Transfer Notes must be generated by the waste producer (or importer if shipping from offshore).

A Transfer Note should be completed whenever waste is handed over to an authorised person and should be signed by all parties. The transfer note details from whom and to whom the waste has been transferred, the category of authorised person to whom the waste has been consigned, relevant licence numbers, time, place and date of transfer as well as information on the quantity of waste, how it is packed and a description of the waste.

The transfer note, to be completed and signed by both persons involved in the transfer, must include:

• What the waste is and how much there is;
• What sort of containers it is in;
• The time and date of transfer;
• Where the transfer took place;
• The names and addresses of both persons involved in the transfer;
• Whether the person transferring the waste is the importer or the producer of the waste;
• Details of which category of authorised person each one is. If the waste is passed to someone for authorised transport purposes, you must say which of those purposes applies;
• If either or both persons is a registered waste carrier, the certificate number and the name of the EA or SEPA office which issued it;
• If either or both persons has a waste management licence, the licence number and the name of the EA or SEPA office which issued it; and
• The reasons for any exemption from the requirement to register or have a licence; and where appropriate the name and address of any broker involved in the transfer.

The written description must provide as much information as someone else might need to handle the waste safely. It must describe the waste by reference to the appropriate 6 digit code(s) in the European Waste Catalogue (EWC). The EWC provides a more precise method of identify the type of waste by listing waste types according to the process or industries from which they arise.

In the case of repeated transfers and where such transfers involve consignment of the same type of waste to the same authorised person, a transfer note need not be completed on every transfer. In such circumstances, a transfer note should be completed at least annually and systems should be in place to ensure that no authorised or accidental deviation from the original consignment details take place.

The requirements of the European Waste Catalogue (EWC) came into force in January 2004. The codes must be used on all waste transfer documentation. The codes are divided into 20 different chapters, some chapters relate to the type of industry or practice which has generated the waste, others to the chemical family of the waste. There is no specific chapter related to the offshore industry, however both drilling activities and onshore terminals are covered.

The practical impacts of the requirements are:

• Specific categorisation of each individual waste stream per consignment, with as much detail as possible on the accompanying documentation;
• Amendment of all waste transfer documentation to allow for insertion of codes;
• Briefings for materials personnel on application of the codes; and
• Close liaison with waste contractors to ensure common codes utilised.

Most waste from commerce and industry are controlled wastes, including materials that are to be recycled (see Waste Classification). Controlled waste includes waste arising from domestic, industrial and commercial premises as well as Special/Hazardous Waste for which there are additional regulations.

Special/Hazardous Waste includes waste that are difficult to treat and wastes that have hazardous properties. Special Wastes include oily waste (e.g. oily rags, cuttings etc, pigging wastes and well clean up fluids) and chemical wastes and other hazardous waste such as asbestos.

Radioactive waste may be Special/Hazardous Waste if it has characteristics as defined by the Special/Hazardous Waste Regulations (see Waste Classification).

SEPA has produced guidance to help determine if waste is hazardous / special. Technical Guidance document WM2 contains a consolidated version of the EWC and provides advice on the classification and assessment of this waste.

None

See Consent Requirements.

SEPA/EA will make inspections of facilities which collect/transport or recover/dispose of waste, or which arranges for the recovery/disposal of waste on behalf of others.

SEPA/EA may serve notice on a waste holder requesting copies of relevant documents (transfer notes) within seven days.

If the operator believes that his waste is not being dealt with in accordance with the requirements of the law, he must firstly prevent further transfer of waste to the suspected party and secondly, notify SEPA/EA.

Transporting waste without a valid Waste Carrier Registration makes the offender liable to a maximum fine of £5,000.

Failure to supply copies of transfer notes may result in a fine of up to £5,000 on summary conviction or an unlimited fine on conviction on indictment.

Scotland's Zero Waste Plan: Consultation

The Scottish Government has adopted Zero Waste as a goal for Scotland. This means eliminating unnecessary use of raw materials; sustainable design; resource efficiency and waste prevention. View Scotland's Zero Waste Plan: Consultation.

A revised European Waste Framework Directive (WFD) will be in force by December 2010. The objective of the WFD is: ‘.. to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use.’ See Consultation Document.

The second phase of the 'Environmental Permitting' Programme (EPP2) is now being consulted on. EPP2 aims to reduce costs for operators and the regulator by cutting the unnecessary red tape, while continuing to protect the environment and human health. The proposal is to create a common system of risk-based environmental permitting including:

• Certain discharges to surface waters;
• The disposal of specific substances into groundwater, and;
• Permits for radioactive materials and for disposal of radioactive waste.

See DEFRA consultation on Environmental Permitting Programme

The Environment Agency is seeking views on revised rules for standard permits for waste operations. This adds to a previous consultation of October 2008. See consultation on Environmental Permitting Regulations. The consultation is now closed, but consultation documents can still be viewed.

The Government plans to overhaul the landfill tax system and proposes to charge a higher rate of tax for some materials which are currently considered inert. Some wastes will increase in tax from £2.50 per tonne to £40.00 per tonne; such wastes are expected to include brine waste; red mud and others. See Modernising Landfill Tax Legislation.

Consultation on the consolidation of Waste Management Licensing Regulations

The Scottish Government has launched a consultation on the consolidation of Waste Management Licensing Regulations and associated amendments. The exercise also incorporates proposals for the transposition of the revised Waste Framework Directive and amendments relating to waste carriers legislation. Contact for further information. Consultation closes 2 March 2010.

Draft guidance is now available on a consultation process which is examining the legal definition of waste and its application. It aims to help businesses and other organisations take the right decisions about the classification of substances as waste, particularly in the more difficult cases. View draft guidance.

DEFRA completed a ‘first stage’ consultation on whether the introduction of further restrictions on the landfilling of biodegradable and recyclable wastes is required in May 2010. The consultation was aimed at waste producers, in particular those disposing of waste to landfill. View consultation.

Packaging Strategy

A recent consultation was carried out on implementing an updated UK Packaging Strategy ‘Making the most of Packaging’. The intention is to further improve on packaging management and examine options for increasing the amount of packaging which is recovered and recycled. Consultation closed in May 2010. See consultation.