Waste – Transfer of Controlled Waste
- Consent Needed and How to Obtain It
- Performance Standards
- Sampling/Monitoring Requirements
- Reporting Requirements
- Non Compliance
- Renewal and Variation
- Pending Legislation
For more detail on the Legislation relevant to this page, please use the following links:
|European Waste Catalogue:||
Commission Decision 2000/532/EEC as amended by Commission Decision 2001/118/EC and 2001/119/EC (European Waste Catalogue and Hazardous Waste List)
The European Waste Catalogue provides a list of definitions and codes for classifying wastes. This system provides a more precise method of identify the type of waste. Copies of the catalogue can be found at the following links
Consolidated Version of European Waste Catalogue – EA Website
The term ‘special waste’ is obsolete in England and Wales from July 2005 when the Hazardous Waste (England and Wales) Regulations came into force introducing the hazardous waste regime and replacing the Special Waste Regulations. Guidance on types of waste can be found on the Defra website (PDF document). The Special Waste Regulations still apply in Scotland.
Industry uses a coding system for hazardous wastes and waste transfer notes, under the Duty of Care. However the list has more than 800 codes for all hazardous and non-hazardous waste and is difficult to use correctly. The EA therefore now uses LOW codes in permitting to specify wastes that facilities can accept under the terms of their waste management licences, PPC permits and in relation to exemptions. Guidance is available in Using the List of Wastes to Code Wastes.
New Regulations are eventually proposed which will see the List of Waste Regulations eventually replacing the European Waste Catalogue.
|European Waste Catalogue:||
The requirements of the European Waste Catalogue (EWC) came into force in January 2004. The codes must be used on all waste transfer documentation. The codes are divided into 20 different chapters, some chapters relate to the type of industry or practice which has generated the waste, others to the chemical family of the waste. There is no specific chapter related to the offshore industry, however both drilling activities and onshore terminals are covered.
The practical impacts of the requirements are:
Most waste from commerce and industry are controlled wastes, including materials that are to be recycled (see Waste Classification). Controlled waste includes waste arising from domestic, industrial and commercial premises as well as Special/Hazardous Waste for which there are additional regulations.
Special/Hazardous Waste includes wastes that are difficult to treat and wastes that have hazardous properties. Special Wastes include oily waste (e.g. oily rags, cuttings, pigging wastes, well clean up fluids, etc.) and chemical wastes and other hazardous waste such as asbestos.
Radioactive waste may be Special/Hazardous Waste if it has characteristics as defined by the Special/Hazardous Waste Regulations (see Waste Classification).
SEPA has produced guidance to help determine if waste is hazardous/special. Technical Guidance document WM2 contains a consolidated version of the EWC and provides advice on the classification and assessment of this waste.
|Transfer Notes:||See the Consent Needed tab.|
SEPA/EA will make inspections of facilities which collect/transport or recover/dispose of waste, or which arranges for the recovery/disposal of waste on behalf of others.
SEPA/EA may serve notice on a waste holder requesting copies of relevant documents (transfer notes) within seven days.
|Relevant convictions||Guidance on Relevant convictions for waste environmental permits|
|Reporting of Non-compliance:||
If the operator believes that his waste is not being dealt with in accordance with the requirements of the law, he must firstly prevent further transfer of waste to the suspected party and secondly notify SEPA/EA.
Transporting waste without a valid Waste Carrier Registration makes the offender liable to a maximum fine of £5,000.
Failure to supply copies of transfer notes may result in a fine of up to £5,000 on summary conviction or an unlimited fine on conviction on indictment.
|Renewal of Waste Carrier Licence:||Registrations are valid for three years and apply throughout the UK.|
|Scotland’s Zero Waste Plan:||The Scottish Government has adopted Zero Waste as a goal for Scotland. This means eliminating unnecessary use of raw materials, sustainable design, resource efficiency and waste prevention. View Scotland’s Zero Waste Plan here (PDF document).|
|Proposals for an Integrated Framework of Environmental Regulation:||The proposals outlined by SEPA will deliver a simpler legislative framework which will enable SEPA to focus greatest effort on the environmental problems that matter most. It will provide a more consistent range of enforcement tools so that, proportionate and effective action can be taken against those who would damage the environment. The consultation that has been undertaken is built on previous consultations focusing on changes to the structure of environmental protection legislation in order to create a new, integrated framework for the permissions (licences, permits, rules, etc.) which will be used to control activities which could harm the environment.|
|Consultation on the transposition in England and Wales of Articles 14(5)-(8) of the energy efficiency Directive (2012/27/EU):||This consultation seeks views from interested parties on proposals to amend the Environmental Permitting Regulations to include some parts of the Energy Efficiency Directive (England and Wales only), helping Defra to identify cost-effective ways to improve energy efficiency.|
This consultation accessible from the Defra website and concluded on 21 March 2014.