WASTE
MANAGEMENT
THE ENVIRONMENT AGENCY WASTE MATERIAL
REQUIREMENTS
Do you keep substances
or materials on your premises that will have to be taken away as WASTE?
Would you know
what is deemed to be hazardous or special waste?
SPECIAL WASTE
- Special
waste must not be stored or stocked on your premises, but must be disposed
of at the earliest opportunity.
- Special
waste includes:
Hydrocarbons; including paints and
asbestos. Waste chemicals are included as well as wastewater if such was
involved in the spillage or mopping up.
- Special
waste must be removed by a special registered waste carrier, licensed by
the Environment Agency to do so, against a special Consignment Note for
quantities in excess of 5 litres.
- The
Environment Agency must receive notification at least 72 hours prior to
removal.
OTHER WASTE
Other waste includes all other material and liquid waste.
A waste carrier licensed by the Environment Agency must carry
all other waste rubbish away under a duty of care Consignment Note.
Legislation Covering Waste Disposal
The Waste Management Licensing Regulations 1994 (WMLR)
The Control of Pollution (Special Waste) Regulations 1980 (CPR)
The Environmental Protection Act 1990 (EPA)
The Waste Management Licensing Regulations 1994, with the
Environmental Protection Act 1990: require that all waste disposal sites
- be they landfill or land-farms, treatment or transfer stations - will require
a Waste Management Licence. Temporary storage is dealt with as a permanent
site, with no mention as a separate item the word "temporary".
In order to obtain a Waste Management Licence, planning
permission is required. Once planning permission has been obtained, application
is made (with a fee) to the Environment Agency and the Waste Management Licence
(under the Environmental Protection Act 1990) will be written providing there
is no danger to human health or risk of pollution of the environment. This
licence will set out the terms and conditions, which will define the methods
under which the site will operate, and the anti-pollution measures required.
The Waste Management Licence may not be surrendered until there is no longer
any risk of any pollution being caused.
The transportation of these materials and its handling is also
covered by the Duty of Care (section 34 of the Environmental Protection Act
1990). The Duty of Care requires that written identification notes must be
provided whenever waste is handed on from one person to another, until it
reaches its final destination. Additional, for some wastes, which are specified
as Special Wastes, there are further provisions that require even more
examination and information with pre-notification. All waste crude oil is
classified as special waste. It is very likely that oily beach material and the
oil / water liquids could well become Special Wastes, as defined within the
Control of Pollution (Special Waste) Regulations 1980. 1996 (as amended).
Exemptions to the Waste Management Licensing Regulations
Under Regulation 17 there is a list of exemptions in Schedule 3
which, if read, you will note that Para. 40 (1) is the storage of non-liquid
waste at any place other than the works, or premises where it is produced, if
it is stored in a secure container or containers and does not at any time
exceed 50 cubic metres in total and is not kept for a period longer than 3
months.
In Para. 41 this covers the temporary storage of waste pending
its collection on the site where it is produced. In this case it must not be
stored for any longer than 12 months and the total volume of liquids must not
exceed 23,000 litres, and if it is stored in a secure place the total volume of
waste must not exceed 50 cubic metres.
Further investigation into this has left a very contentious
issue, because of its wording and the vagueness allowing an inadequate
interpretation and therefore the definition must be left to the Courts to
decide. The EPA (Section 33 (7) (c)) and the Special Waste Regulations 1996 (as
amended) do provide a defence for the person charged with an offence under the
Act or Regulations, where the actions were carried out in an emergency.
You cannot plan to break the law, even if you are planning for
an emergency eventuality.
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