EA Regulations – Hazgreen

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UN Approved

The Regulations

Hazardous Waste and how it affects your business.

Most contractors are answerable to their clients for the recycling & safe disposal of Hazardous Waste. Whether you are in the construction, TV or film industry, a motor mechanic, a printer or dry cleaner, or you manufacture a product, the chances are that you produce Hazardous Waste. Items such as empty paint tins and mastic tubes are now classed as Hazardous Waste. The regulations for the disposal and recycling of Hazardous Waste are ever changing and it’s your companies’ responsibility to keep abreast of the changes.

Waste producers have a legal Duty of Care to ensure their waste is managed properly by themselves and others.

Certain waste types are classed as hazardous because they possess properties that pose a threat to human health or the environment.

For a site producing Hazardous Waste, the following Environment Agency rules apply:

Your site will need to be registered with the Environment Agency as a Hazardous Waste producer.

UN approved containers must be used to segregate and store the waste on site.

The waste must be listed and labelled before transportation.

Only companies authorised by the Environment Agency can transport the waste to its final destination.

All paperwork must be in order to avoid investigation by the Environment Agency and a possible fine up to £5000 or 2 years in prison.

What is hazardous waste?

Waste is defined as hazardous if it is classified as hazardous in the European Waste Catalogue (or List of Wastes). Generally, waste is hazardous if it, or the materials or substances it contains, are harmful to human health or the environment. Almost all businesses will produce some hazardous waste. Typical examples include:
Asbestos
Chemicals, e.g. brake fluid and printer toner
Electrical equipment with potentially harmful components such as cathode ray tubes, e.g. computer monitors and televisions
Fluorescent light tubes and energy-saving light bulbs
Vehicle and other lead-acid batteries
Oils (except edible oils), e.g. engine oil
Refrigerators containing ozone-depleting substances
Solvents, e.g. aerosols
Pesticides
Empty or full paint tins
Fridges
Aerosols
Batteries
Acids and Alkaline
Oils
Fuels

What is a safety data sheet?

If you receive materials or chemicals at your site, they should be accompanied by a safety data sheet. The information on the safety data sheet can help you decide if your waste is hazardous, provided the chemicals have not changed due to being used or mixed with other substances.

If you are unsure whether your waste is hazardous, you should contact Hazgreen and one of our business managers will advise you

What is the EWC?

EWC stands for European Waste Catalogue. The EWC defines wastes with a 6-digit number, some of these are absolute entries which are automatically classed as hazardous, some are mirror entries (there is a hazardous and non-hazardous code for the same waste, for these entries there is a criteria for assessing the waste characteristics to determine if it is hazardous or not.

The definitions of Hazardous wastes are expanded regularly to include several wastes which were not previously considered hazardous. The new definitions are based on the Hazardous Waste List which is itself based on European Waste Catalogue. So, for example some waste types that are not classified as hazardous today could be classified as hazardous in the next legislation change.

What happens if my waste is hazardous?

Producers of Hazardous Waste MUST register each site that produces wastes with the Environment Agency. A 6-digit code will be issued which is unique to each site. These are some exceptions to this rule:

For example:
Producers producing less than 500kg of hazardous waste per year.

Registered sites will be subject to Environment Agency inspection and must maintain a register of all their waste movements. Hazgreen will not be able to collect hazardous waste from unregistered sites unless exempt.

What is duty of care?

There is a duty of care which applies to the producers of ALL waste, hazardous or otherwise, to ensure that that waste is handled in a correct manner. Please click on the link below to obtain a full description from the UK Government.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/506917/waste-duty-care-code-practice-2016.pdf

How do consignment notes work?

Before any hazardous waste leaves your site, a consignment note must be completed. This document is a legal requirement and contains all the information about the waste itself, the licenced waste carrier and where it will end up.

The producer will get a copy of the consignment note, the carrier will retain a copy and the consignee will get a copy. The consignee (waste receiver) will submit a report to the Environment Agency detailing the wastes received on each consignment, they will also send a report to the waste producer on a regular basis confirming that the waste has been received and showing how it was processed.

Can I mix Hazardous Wastes?

The new regulations prohibit the mixing of hazardous and non-hazardous wastes and impose a duty on the producers to segregate the wastes where possible. It is now illegal to store mixed hazardous waste types in a wheelie bin. All bins for segregation must be UN approved.

What records must I keep?

Producers of Hazardous Waste need to keep a record of the waste produced prior to detailing it on the consignment note. Consignors and carriers MUST keep a register of the consignment note copies for three years, but consignees will need to keep copies of the consignment notes until they surrender the licence for the site they manage.

Are there fines for breaking the rules?

Yes – if the court convicts you of not complying with the regulations you could suffer a fine of up to £5,000, ordered to pay costs and / or spend 2 years in prison. There are also £300 fixed penalty notices which will be used for minor infringements.

For further information please contact us by email on info@hazgreen.co.uk or by telephoning our office on 01753 785163