Waste - Transfer of Hazardous and Special Waste

• Environment Protection Act 1990 as amended

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. Special Waste is a sub-category of Controlled 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). All Special Waste/Hazardous Waste is Controlled Waste (see Waste Classification). The main exemptions to Controlled Waste are explosive and radioactive wastes.

• Special Waste Regulations 1996 (as amended)

These Regulations now only apply in Scotland. These Regulations impose procedures for Special Waste that add to those already under the Duty of Care, including requirements for transportation and disposal within a strict documented framework. The Regulations provide a new definition of Special Waste in accordance with the EC Hazardous Waste Directive (91/689/EEC). The Hazardous Waste List has been expanded and refined and is now included in the European Waste Catalogue.

The term ‘special waste’ is obsolete in England and Wales from July 2005 when the Hazardous Waste (England and Wales) Regulations 2005 and the List of Wastes (England) Regulations come into force introducing the hazardous waste regime and replacing the Special Waste Regulations.

• Hazardous Waste (England and Wales) Regulations 2005

Updates the Approved Supply List and Approved Classification and Labelling Guide. Various amendments to improve the audit trail and change requirements based on experience of operating the system.

• Convention on Transboundary Movements of Hazardous Waste and their Disposal 1989
• Council Directive on Hazardous Waste 91/689/EEC
• Council Directive on the Incineration of Hazardous Waste 94/67/EC
• Council Directive on the Disposal of Waste Oil (as amended) 75/489/EEC
• Council Directive on the Supervision and Control with the European Community of the Transfrontier Shipment of Hazardous Waste (84/631/EEC)
• Council Directive on the Protection of Groundwater Against Pollution Caused by certain Dangerous Substances 80/68/EEC
• Environmental Protection (Prescribed Processes and Substances) (Amendment) (Hazardous Waste Incineration) Regulations 1998
• Landfill (Scotland) Regulations 2003 as amended and Landfill (England and Wales) Regulations 2002 as amended

These Regulations require the operator of the landfill site 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).

• Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995
• Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997

Decision 2008/350/EC covers the whole of the UK and provides guidance on permits exemptions and limits of certain hazardous wastes that can be stored on site.

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

European Waste Catalogue (pdf) - EU Website

Consolidated Version of European Waste Catalogue - EU Website

PDF Version of 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. There is guidance on types of waste can be found on the Defra website (pdf) .

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 proposed which will see the List of Waste Regulations eventually replacing the European Waste Catelogue.

A Guide to the Special Waste Regulations 1996

Special Waste - information from SEPA

Special Waste Explanatory Note 010 (SWEN 010) - Ship to shore transfer of Special Waste

Special Wastes: A Technical Guidance Note on their Definition and Classification (obtainable from The Stationery Office)

Waste Management The Duty of Care - A Code of Practice

MCA Merchant Shipping Notice No MSN 1678 - Special Waste Regulations 1996

MCA Marine Guidance Note No MGN 282 - Dangerous Goods - Guidance in the Carriage of Packaged Dangerous Goods on Offshore Supply Vessels.

Hazardous Waste Regulations - List of Wastes Regulations 2005 (pdf)

Using the List of Wastes to Code Wastes (Environment Agency)

Technical Guidance Document WM2 contains a consolidated version of the EWC and provides advice on the classification and assessment of this waste.

All Special Waste is subject to the same Duty of Care requirements which apply to Controlled Waste. Consent is not required by the waste producer, but it is the waste producers responsibility to ensure that waste is only transferred to an appropriately licensed carrier who should have a Waste Carrier Registration, Waste Management Licence or Exemption. If in any doubt, contact the EA or SEPA (as appropriate).

Vessels carrying waste from offshore facilities to shore do not need to be registered (see Authorised Transport Purposes). However, under the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997, the ship master must ensure that all dangerous goods are handled and stored in a safe manner and marked and labelled appropriately in line with the International Maritime Dangerous Goods (IMDG) Code.

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

Note: For Special Wastes, completion of Consignment Notes discharges the requirements of the Duty of Care. Therefore there is no need to also complete Transfer Notes.

Producers of Special Waste must apply to SEPA/EA for a Consignment Note, which has a special code entered on it. An application fee of £15 is payable per consignment. The fee must be paid within two months of the request for a Consignment Note. This note must be completed before the transfer of any Special Waste. The Consignment Note must accompany every movement of Special Waste.

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.

Note: If transferring Special Waste from offshore, the waste containers must also be labelled to ensure the requirements of the International Maritime Dangerous Goods Code are met.

The Consignment Note is a five part self-carbonising form, which are usually colour coded. The following gives an overview of the procedure for the consignment note. Further detail regarding completion of the form is in Chapter 4 of The Special Waste Regulations 1996. Information regarding repetitive movements of waste of the same description can also be found on the SEPA website.

The Consignor (person who causes the waste to be removed from the place where it is being held)

• Must obtain a code from EA/SEPA and enter it onto the Consignment Note or obtain a code pre-printed onto an EA/SEPA consignment note.
• Complete Parts A and B of the consignment note and sign A5.
• Prenotification copy (white) must be sent or delivered to the EA/SEPA office for the area in which the Consignees office is located at least 3 working days and no more than one month prior to the movement of the consignment. A fax copy is acceptable to satisfy the prenotification notice period. If fax is used, the prenotification copy can be sent before or within one day of removal of the waste.

Note: For wastes generated offshore (e.g. platform), Sections A, B and D of the Consignment Note can be completed by the waste producer or his shore agent, provided Part D is amended to include an additional certificate signed by the ship's master (see SWEN 010).

The Carrier (person who collects and transports waste onshore to another place)

• On collection of the Special Waste shall complete Part C.

The Consignor (Waste Producer or Vessel Master for backloaded waste from offshore)

• Shall complete the relevant sections of Part D.
• Shall retain the Consignor's copy (green) and retain this for not less than 3 years.
• Shall give the remaining Consignment Note to the Carrier.

The Carrier

• Shall ensure that the Consignment Note travels with the waste.
• Shall give the Consignment Note to the Consignee (Licensed Waste Disposal Contractor) on delivery of the waste.

The Consignee (the person to whom the waste is being transported) on receiving the waste shall

• Complete Part E on the three copies of the Consignment Note given to him
• Retain one copy (pink) (for the lifetime of the licensed site) and give one copy (gold) to the carrier for his records.
• Shall supply final copy (yellow) to local SEPA/EA office.

SEPA/EA for Consignment Note number.

Before transfer of Special Waste.

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; and
• Briefings for materials personnel on application of the codes;
• 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 Waste for which there are additional regulations.

Special 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 Waste if it has characteristics as defined by the Special 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.

There are four basic requirements of the Duty of Care when applied to Controlled Waste including Special Waste:

• The holder of waste must take all reasonable steps to prevent its escape or loss. Therefore, waste is not to be kept in a corroded or worn skip; the skip is to be secure so as to prevent accidental spillage or leakage; waste is to be kept in such a way as to prevent it falling while in storage or while it is being transported; the waste is protected from scavenging wildlife.
• The waste can only be transferred to someone authorised to carry or dispose of the waste. It is the transferors responsibility to ensure that the person to whom the waste is being transferred is appropriately authorised (see Consent).
• The Duty of Care requires you to keep records of the wastes you produce and transfer (see Records to be kept).
• All waste producers should remain alert for evidence of others not observing the Duty of Care. SEPA/EA should be alerted if you suspect that any Duty of Care or licence conditions have been breached.

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 Consignment Note, for this to be handed on to the Registered Waste Carrier once the waste reaches shore.

None

See Consent Requirements. Copies must be kept for a minimum of 3 years.

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 (Consignment 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.

Failure to comply with the requirements of the Special Waste Regulations 1996 is an offence liable on summary conviction to a fine not exceeding level 5 on the standard scale; and on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.

Falsification of records or making of false statements is also an offence.

If the Consignee facility rejects the waste (or part of it), the Consignee should indicate on Part E of the consignment note that he does not accept the consignment (or part of it) and the reasoning behind his decision. Copies of the completed note should be distributed by the consignee as described in Consignment Notes above.

The Consignor should instruct the Carrier what to do with the rejected waste. If the waste is to be returned to the premises where it was produced/collected, no new consignment note is required. However, the carrier's copy of the original note indicating that the waste was rejected must accompany the waste on the return journey. If only part of the original consignment was rejected, the consignment note (and any carrier's schedule as appropriate) must be annotated in Section B to accurately reflect the load being returned.

If the waste is to be sent to alternative, suitably licensed facilities, a new consignment note is required. However, there is no need to provide at least 72 hours prenotification for this movement. Parts A and B of the new consignment note should be completed to reflect the destination of the waste and the details of the consignment that was rejected. The new consignment note must have a record of the original consignment note code referenced. The Carrier shall complete part C of the new consignment note.

The Consignor shall complete Part D of the note, retain one copy (green) and give the remaining copies to the Carrier for transport with the waste. The Carrier, may where he has received written instruction from the Consignor to that effect, complete Part D on the Consignor's behalf and forward a copy (green) of the consignment note, with Parts A to D completed, to the Consignor. The Consignment Note should then be carried and completed as described in Consignment Notes above.

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).

Ecotoxicity Assessment

DEFRA has been managing a consultation process seeking to revise Hazardous/Special Waste Technical Guidance to introduce a robust assessment of ecotoxicity when assessing wastes and to ensure that Ecotoxic wastes are correctly identified and appropriately managed.