Waste Legislation

In simple terms, hazardous waste is any material that poses an increased threat to human health or the environment. Any waste could be harmful if it is managed badly or disposed of illegally. However, these risks are very small when hazardous waste is managed properly. Therefore, strict laws are required to control how hazardous waste is managed and the Government is committed to closely monitoring its production, transportation and disposal.

Hazardous Waste (England and Wales) Regulations 2005
On July 16th 2005, the Hazardous Waste Regulations 2005 were implemented in England and Wales. These Regulations have been designed to simplify the documentation associated with the collection and disposal of hazardous (previously defined as “special”) waste and bring us into line with EU legislation. The ultimate objective is to improve waste management and better protect human health and the environment as a whole.

These Regulations do not cover hazardous waste which may be produced by households and be classed as “domestic waste”, with the exception of asbestos.

The 2005 Regulations replace the existing Special Waste Regulations 1996.

Key Features

• The term “special waste” has been replaced by “hazardous waste”
• The European Waste Catalogue (EWC) that defines hazardous waste has been formally brought into UK legislation
• Over 200 additional types of waste have thereby been reclassified as hazardous including fluorescent tubes, aerosols, fridges, computer screens and end of life vehicles
• Waste that was previously defined as clinical, such as sharps, swabs and blood dressings will be classified as hazardous if it contains or could contain infectious substances
• All sites producing hazardous waste, with some exemptions, need to register with the Environment Agency
• Mixing of hazardous waste with other types of hazardous and non-hazardous waste will not be permitted (unless the premises is a fully licensed waste treatment facility)
• The standard Environment Agency consignment note and notification process has been replaced with a quarterly report.

Hazardous waste is commonly defined as waste that contains substances or has properties that might make it harmful to human health or the wider environment. It does not necessarily mean that such waste is immediately ‘toxic’ but it could pose a threat now or in the future. By controlling hazardous waste we are helping to reduce these risks.

Hazardous waste is now legally defined by the European Waste Catalogue (EWC), which will provide a common definition across all EU countries. Significantly, this means that an additional 180 types of waste have thereby been reclassified as hazardous. This includes common wastes such as:

• fluorescent tubes
• aerosols
• fridges
• computer screens
• paints
• end of life vehicles
• lead batteries