The Waste (England and Wales) Regulations 2011

Came into force on 29th March 2011

Update some aspects of waste controls

Regulations implement the revised waste Framework Directive

Waste Regulations 2011

Require businesses to confirm they have applied the waste management hierarchy when transferring waste and include a declaration on the transfer note/consignment noteNew waste hierarchy permit conditionIntroduce a 2 tier system for waste carrier and broker registration which includes those who carry their own waste (lower tier registration from December 2013)Amendments to hazardous waste controls and definitionExclude some categories of waste from waste controls

Using the Waste Management Hierarchy

Need to consider the hierarchy of waste management options

Waste Transfer Notes

From 28th September 2011 declaration on transfer note (or consignment note for hazardous waste) that the waste management hierarchy has been applied.

Include 2007 Standard Industrial Classification (SIC) Codes

Environmental Permits

Require that a new condition is included in all installations and waste operations permits to implement the hierarchy (included in new permits and added to old ones when reviewed)

If you manage hazardous waste, then you will only be allowed to mix hazardous waste types or hazardous with non-hazardous wastes if you have a permit condition which allows you to do so, and you will have to comply with Best Available Techniques (BAT).

If you operate a waste incinerator then a new permit condition will be applied covering energy efficiency.

Changes for Waste Carriers, Brokers and Dealers

There will be 3 types of registrant:

carriers (those who actually move waste)

dealers (those who use an agent to buy and sell waste) and

brokers (those who arrange for the movement/disposal of waste on behalf of others).

The term ‘Dealer’ is a new term.

Upper Tier Registration

If you are a waste carrier, broker or dealer but you are not a 'specified person' you will need to register in the Upper Tier.

All those who are currently registered and not professionally exempt will automatically be transferred to the Upper Tier. This includes those who carry their own construction and demolition waste. The existing renewal date will remain valid.

Lower Tier Registration

The Lower Tier are those referred to as 'specified persons' in the Waste (England and Wales) Regulations 2011. This group includes all those who are currently registered as professionally exempt. In general this refers to waste authorities, charities, voluntary organisations and those who only manage wastes from agricultural premises, animal by products wastes or wastes from mines or quarries. Those that are currently registered as professionally exempt will automatically be transferred to the Lower Tier. From the end of December 2013 anyone who normally and regularly carries their own business waste (excluding construction and demolition waste) will need to register in the Lower Tier.

FEES

There is currently no fee for Lower Tier registration, the registration will be valid until revoked or cancelled. There will be a fee payable for Upper Tier registration. Upper Tier registration will be valid for 3 years unless revoked or cancelled.

Carrier Registration Certificates

New Format

Need to check to ensure correct details are used on paperwork

Hazardous Waste Changes

The regulations will bring in new requirements for people who produce or manage hazardous waste by amending the Hazardous Waste (England and Wales) Regulations 2005.

If you Produce Hazardous waste

The regulations introduce a new hazardous property H13 (sensitising) and the old 13 has now become H15 (waste capable by any means after disposal of yielding another substance, eg leachate, which possesses any of the H1 to H14 hazardous properties). Anyone who produces, handles or manages hazardous waste must take all reasonable measures to apply the waste hierarchy when they transfer waste. A new consignment note is available and you will need to sign a declaration on the note to say that you have made these considerations. You can chose to use the new consignment notes immediately but they do not have to be used until 28 September 2011.

Changes to the Paperwork

If you are a carrier of hazardous waste and operate a multiple collection round, you will need to include a round number and the number of collection sites on the consignment note. If you are a consignee accepting hazardous waste at your site and submitting quarterly consignee returns to us, you will have to include extra information. We will be modifying the electronic and paper forms so that the new hazardous properties and multiple round numbers can be included. These will be ready for use on 1 October 2011.

New Hazardous Waste Consignment NotesNew Hazardous Waste Consignment Notes

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Part B – Information for Carriage of Dangerous Goods

Order changed to comply with CDG

New notes must be used from end of Sept 2011

Consignor’s Declaration – Application of Waste HierarchyConsignor’s Declaration – Application of Waste Hierarchy

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Multiple Collections – Round number and Collection Multiple Collections – Round number and Collection numbernumber

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Format is specified in new HWR03 guidance

End of Waste regulations

Later this year the European Commission (EC) will issue a regulation specifying that scrap ferrous and aluminium metals will cease to be waste if they meet certain standards. This will result in some changes to the producer responsibility regime for packaging. It may also lead to permitting changes, for example for the storage of processed ferrous scrap, and will allow the materials covered to be exported as non-waste.

Excluded Wastes

Some waste streams that we regulate currently, particularly animal by-products, will be excluded from waste controls

Most radioactive waste is controlled by radioactive substances regulation and does not require waste control. However, activities involving wastes covered by three radioactive substances exemption orders now require an environmental permit.

Separate Waste Collections

The regulations also require the separate collection of waste paper, metal, plastic and glass from 1 January 2015

Further Information

http://www.environment-agency.gov.uk/business/topics/waste/128153.aspx

Thank You

Tessa Bowering – Senior Environment Officer tessa.bowering@environment-agency.gov.uk