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Special Waste
Regulations 1996
THE
CONTROLS ON SPECIAL WASTE AND HOW THEY AFFECT YOU
Do
you use chemicals, products with hazard symbols or safety data sheets?
Then
read on...
This
document is about the changes to the controls on Special Waste, those
wastes which cause the greatest environmental damage or are dangerous to
human life.
The
new controls will:
*
Change the definition of special waste;
*
Change the form (consignment note) you must use before you can get rid of
special waste;
*
Change who receives the forms (pre notification)
*
Bring in fees for pre-notification
*
Restrict mixing of wastes.
Special
waste used to be covered by the 1980 Special Waste Regulations. But the
controls set out in this leaflet are new. They are known as the 1996
Special Waste Regulations (the Regulations). They completely replace the
1980 regulations.
You
need to know about the Regulations if you have to dispose of, carry or
receive special wastes. This includes special wastes going into storage,
treatment, recycling or disposal.
WHAT
IS WASTE?
Waste
can be anything you own, or your business produces, and which you want to
get rid of. The publications shown in appendix A will help you decide
whether something is waste.
A
rule of thumb is that is an item is being treated as waste by the producer
then it is waste.
WHAT
ARE SPECIAL WASTES?
These
are the most dangerous wastes. They include hazardous or toxic wastes. Most
of them are listed in the new regulations. Wastes are not special if the
hazardous properties set out in the regulations are absent for any reason.
Some common special wastes are listed below:
LIST
OF TYPICAL SPECIAL WASTES
*
Acids
*
Alkaline solutions
*
Batteries
*
Oil fly ash
*
Industrial solvents
*
Pesticides
*
Pharmaceutical compounds
*
Photographic chemicals
*
Waste oils
*
Wood preservatives.
Almost
everything that was special waste under the e1980 regulations is still special
waste under the 1996 regulations. However some wastes became special wastes
for the first time.
WHAT
HAPPENS IF MY WASTE IS SPECIAL?
You
MUST tell the regulators before your special waste is removed. This is
called pre-notification. You do this by filling in a form called a
consignment note. You must send off the form at least 3 clear working days
before you want the waste removed. The regulations do not say how the waste
should be packaged and handled but you should follow the Duty of Care.
WHAT
IS DUTY OF CARE?
There
is a duty of care which applies to the producers of ALL waste, special or
otherwise, to ensure that that waste is handled in a correct manner. For
special waste the consignment note replaces the duty of care transfer note.
The duty of care means that you must give a good enough description to
enable your waste to be safely managed. Most special wastes need very clear
description. Waste must always be transferred to an authorised person e.g.
registered waste carrier or a licensed waste manager. Remember that
transport, health and safety and other safety legislation may also apply.
(Waste
Management, The Duty of Care A Code of Practice, available from HMSO price
£7.50)
WHO
ARE THE REGULATORS?
The
regulators are the Environment Agency (England and Wales), and the Scottish
Environment Protection Agency.
WHY
PRE-NOTIFY?
The
regulators have to see that the waste is properly described and going to a
suitable site. The paperwork also helps to track the waste to prevent
illegal dumping. All of this helps to ensure special waste is handled
properly - protecting the environment and preventing harm to human health.
HOW
DO CONSIGNMENT NOTES WORK?
If
I want to get rid of waste?
You
are the consignor.
Before
any special waste leaves your site, you (or the person moving the waste -
the carrier) must fill in parts A and B of a five-copy consignment note.
You
(or the carrier) must send one copy to the regulator for the area where the
waste is going. His must be done at least three working days, but not more
than one month, before the waste is to be moved. You will be left with four
copies. When the waste is about to be moved, the carrier must agree with
you the information at parts A and B. the carrier will complete part C to
the form. You MUST then sign part D. You MUST keep a copy.
WHY
ARE FEES CHARGED?
Fees
have been introduced to help the Environment Agencies meet the costs of
supervising special waste movements. The Environment Agency charges for the
consignment notes to be used to consign special waste.
CAN
I MIX SPECIAL WASTES?
If
you produce special wastes the regulations do not stop you mixing them.
However it is usually safer to keep them separate. An establishment or undertaking
which disposes, recovers, collects or transports special waste must not mix
different types of special waste under the regulations. Nor can it mix
special and non-special wastes.
WHAT
RECORDS MUST I KEEP?
Producers
of special 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.
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