Overview of the Hazardous Waste Regulations

(Version 1 – 16/10/2007)

The latest version of the Hazardous Waste Regulations came in to effect in July 2005 and relevant parts are summarised below. The increasing movements of waste gas discharge lamps resulting from the implementation of the WEEE Regulations has re-focussed attention on the HW Regulations, including those regulations which place obligations on those who store and transport waste lamps.

Storage of waste lamps before transportation

Your waste lamps cannot legally be collected/moved until you register your organisation and premises respectively as a Hazardous Waste Producer and HW Storage site (premises notification) with the Environment Agency. The following link to the EA may be followed in order to register:

http://www.environment-agency.gov.uk/subjects/waste/1019330/1217981/1772529/

You will receive in return a site reference number (premises code) that will be needed for the 'Consignment Note'.

Transporting waste lamps to a collection point or recycler (England & Wales)

All Hazardous Waste moved from your premises to a collection point (or to a recycler) has to be accompanied by a Hazardous Waste Consignment Note HWCNo1v051 (see the example form downloadable from the Environment Agency, below).

Guide to Consignment notes click here

Extract from the EA website concerning the HW Regulations:

"Hazardous waste is waste that is dangerous to people, the environment or animals. Under the Hazardous Waste Regulations 2005, it is an offence to produce hazardous waste at premises, or remove that waste from premises, unless those premises are either registered with us or are exempt. When you register your premises we give you a unique premises number called a "premises code". This is valid for 12 months from the date of registration. If hazardous waste continues to be produced or removed from these premises after expiry then the premises code must be renewed. You can renew a premises code up to one month in advance of the expiry date".

Before you transport waste gas discharge lamps - do you need a Waste Carrier’s licence?

Regional variations in the HW Regulations

There are some variations in the application of the Hazardous Waste Regulations for Scotland and for Northern Ireland. The appropriate authorities are:
Scotland: SEPA – The Scottish Environmental Protection Agency
Northern Ireland: EHSNI- The Environment and Heritage Service of Northern Ireland

Transporting your own waste to a collection point or recycler (Scotland)

All Hazardous Waste (Special Waste in Scotland) moved from your premises to a collection point or to a recycler has to be accompanied by a Special Waste Consignment Note (Section 62).

Each movement has to be notified 3 days before the movement is carried out.

For more information see SEPA’s website:
http://www.sepa.org.uk/guidance/waste/amendment_faq.htm
http://www.sepa.org.uk/pdf/guidance/waste/consigning_special_waste.pdf

Before you transport waste gas discharge lamps (Scotland):

  • You do not have to register if you are carrying your own waste lamps.
  • If you are moving other business’s waste lamps from a location to a recycler then you must hold a Waste Carriers’ licence issued by SEPA– you can use the following link to apply:

Transporting your own waste to a collection point or recycler (Northern Ireland)

All Hazardous Waste (Hazardous Waste Regulations (Northern Ireland) 2005) moved from your premises to a collection point or to a recycler has to be accompanied by a Hazardous Waste Consignment Note (Section 62).
Each movement has to be notified 3 full clear days before the movement is carried out.
http://www.ehsni.gov.uk/waste/regulation-and-legislation/regulations_hw.htm
http://www.ehsni.gov.uk/hazardous_waste_howitaffects_you.pdf

Before you transport waste gas discharge lamps (Northern Ireland):

Useful links

List of relevant publications

  1. Waste Electrical and Electronic Equipment Regulations 2006, SI 3289
  2. Environmental Protection (Duty of Care) Regulations 1991, SI 2839.
  3. Defra, The Duty of Care, A Code of Practice.
  4. Hazardous Waste (England &Wales) Regulations 2005 – SI 894.
  5. Variations in notification requirements and documentation.
  6. Environment Agency – Consignee Returns – Reporting Exceptional Hazardous Waste Movements – HWR04D Version 3 – Jan 2007
  7. Waste Electrical and Electronic Equipment (Waste Management Licensing) (England and Wales Regulations 2006 – SI 3315
  8. Waste Management Licensing Amendments (Scotland) Regulations 2006 – SSI 541.
  9. Waste Management Licensing Regulations 1994 – SI 1056
(Note: Recolight has taken care to ensure that the answers to the questions listed below are reasonably comprehensive and accurate. As more information becomes available this document will be updated from time to time. All enquirers should ultimately rely upon their own legal advice in reaching any interpretation of the Hazardous Waste Regulations and other relevant legislation/licensing requirements for determining policies of their business. A bibliography of key reference documents is appended at the end of this document).

 



Page last updated: 27/10/2009

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