More Legal Requirements on Managing Waste

The Waste Regulations are now in and transpose the revised Waste Framework Directive in England and Wales. Issues covered relate to the collection, transportation, recovery and disposal of waste.  They will impose a few new duties for managing waste, keeping waste records, registration for those dealing with waste and specific controls for managing hazardous waste.

The new standards require     businesses to confirm that they have applied the waste management hierarchy     when transferring waste, and include a declaration on their waste transfer     note or consignment note .


A new  a two-tier system for waste carrier and     broker registration is established along with a new concept of a waste     dealer . There are to be changes  in     how hazardous waste is dealt with and some waste categories are    changing from non hazardous to     hazardous.

make amendments     to hazardous waste controls

exclude some     categories of waste from waste controls.


The regulations will affect businesses that:

  • produce waste
  • import or export waste
  • carry or transport waste
  • keep or store waste
  • treat waste
  • dispose of waste
  • operate as waste brokers dealers.



Using the waste management hierarchy

The hierarchy sets out, in order of priority, the waste management options you should consider will be:

  • prevention
  • preparing for reuse
  • recycling
  • recovery, e.g. energy recovery
  • disposal.


From 28 September 2011, whenever you pass waste on to someone else, you will have to declare on the waste transfer note, or consignment note for hazardous waste, that you have applied the waste management hierarchy. This is a more formal application of the waste hierarchy established in the 2007 UK waste strategy.


You must also include on the waste transfer note the 2007 Standard Industrial Classification (SIC) code of the person transferring the waste. You should continue to use the 2003 SIC codes on hazardous waste consignment notes.

If you have an environmental permit for an operation which generates waste, you will have to apply the waste management hierarchy. This means you will have to show that waste streams are identified and action taken to prevent this waste going to landfill.


This will be a condition of new environmental permits, and will be added to existing permits when they are reviewed.


Registering as a waste carrier, broker or dealer


The regulations introduce a two-tier system for waste carrier, broker and dealer registration.


Upper tier registration

You need to register as an upper tier carrier or broker if you want to carry, broker or deal in other people’s controlled waste, unless you are in one of the lower tier categories listed below. You also need to register as an upper tier carrier if you carry your own construction or demolition waste.


Controlled waste includes commercial, industrial, household and hazardous waste.


If you were previously registered with the Environment Agency as a waste carrier or broker, you do not need to do anything. The Environment Agency wil automatically add the ability to be a dealer to your existing registration. When your waste carrier or broker certificate is due to be renewed, it will be replaced by an upper tier waste certificate.


Upper tier registration lasts for three years, the same as waste carrier or broker registration currently. You will have to pay a fee to register or renew your registration.

Lower tier registration

You need to register as a lower tier carrier if you only carry, broker or deal in:

  • animal by-products
  • waste from mines and quarries
  • waste from agricultural premises.


You also need to register as a lower tier carrier if you carry, broker or deal in other people’s waste and are a waste collection or disposal authority.



From the end of December 2013 you will also need to register as a lower tier carrier if you normally and regularly carry controlled waste produced by your own business, other than construction or demolition waste.


Registration as a lower tier carrier, broker or dealer is currently free and lasts indefinitely, unless your registration is revoked or withdrawn.



If you were previously registered as an exempt carrier of waste (known as a professional collector or transporter of waste), you do not need to do anything, you will have been automatically transferred to a lower tier carrier, broker or dealer.


Classifying hazardous waste

The regulations introduce a new category, H13 Sensitizing, to the list of properties defining waste as hazardous.


Sensitizing substances cause hypersensitization, i.e. the substance will cause adverse effects if you inhale it or it penetrates your skin and you are then further exposed to the substance.


The former category H13 now becomes H15. This adds ecotoxicity to the properties that can define a leachate as hazardous.


These changes mean that some non-hazardous wastes may be reclassified as hazardous wastes.