Hazardous Waste Regulations 2005

The Hazardous Waste (England and Wales) Regulations 2005 were implemented on 16th July 2005 and introduced many changes to the out-going Special Waste Regulations.

The two key changes were that Hazardous waste producers are now required to pre-register before any Hazardous waste can be collected from their premises and that the Regulations applied the European Waste Catalogue codes of Hazardous wastes.

The list below is not exhaustive, but summarises the main requirements. There is also a range of web links that will get you more detail. Alternatively, you can contact us direct using the Help Line number at the bottom of this page and we will guide you through the process.

  • It is an offence for hazardous waste to be collected from a site that has not been registered or is exempt.
  • All non-exempt sites that produce hazardous waste must be registered even if they are unlikely to have that waste collected for some time. EA Guidance has clarified that it is an offence to produce hazardous waste on site and not be registered.
  • The Regulations implement, through the List of Wastes (England) Regulations 2005, the European Waste Catalogue list of Hazardous wastes for the purposes of collection. This can be found at the Office of Public Sector Information and means that things like PC monitors, fridges, TVs, oily rags and separately collected fluorescent tubes will require collection under the new hazardous waste notification and documentation procedures.
  • The EA will accept postal registrations. Registrations can be made on line through the Environment Agency.
  • Each site producing hazardous waste has to have a separate registration although multiple sites can be registered on the same notification. Therefore, a head office could register all its sites centrally, but each site would have a separate unique registration number and require a separate fee.
  • Sites are exempt if they expect to produce less that 500kgs of hazardous waste a year – although they would then have to register if, part way through the year, they went over the threshold. The EA indicate that 500kgs is approximately 25 small TVs, 1250 fluorescent tubes or 12 small domestic fridges.
  • Domestic waste is excluded from the Hazardous Waste Regulations on collection from the domestic property, but is then subject to the Regulations if it is separately collected or if it consists of asbestos. This includes Prescription Only Medicines (other than cytotoxic and cytostatic medicines) which will be hazardous waste.
  • Each consignment will require a fee to be paid to the EA by the consignee with their quarterly returns to the Agency. Clearly, this will be charged back to the collector, but a consignment might well attract more than one consignment fee if, for instance, it goes through a transfer station and the collector would have to ensure that this was considered in the price.
  • Collection rounds are possible but again, each site where the waste is collected would have to be left a copy of the consignment note, so the process of tracking and the paper trail is quite complex especially as each collection counts as a consignment from the fee point of view.
  • The Regulations ban the mixing of Hazardous waste and state that it must be stored separately on site.
  • Registration as a Hazardous Waste producer places a statutory duty on the EA to inspect the site where the hazardous waste arises.

How can Biffa help?

Biffa operate a Hazardous waste site registration service. If you are interested in obtaining further details of this, please contact us.

Biffa are also operating a Helpline for customers which can answer queries relating to Registration and the new Regulations – 0800 028 3484. It will be available Monday to Friday between the hours of 9am and 5pm.

Hazardous Waste Services

Whether registered through Biffa of not, a full range of Hazardous waste collection services is operated by Biffa including Backtrack for small quantities and spillages and Waste-Safe for larger and more difficult types of waste including Hazardous waste.

For more information about Biffa's Hazardous Waste management services, please call free on 0800 307 307.

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