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Other Waste Legislation

ENVIRONMENTAL PROTECTION ACT 1990, PART II

Governs the way waste is stored and handled on land to prevent contamination. Applies to the way customers store waste batteries, necessitating special storage facilities for the safe containment of waste batteries which contain hazardous substances.

ENVIRONMENTAL PROTECTION (DUTY OF CARE) REGULATION 1991

Provides the framework for the environmental controls, information and documentation required for the storage, movement, recovery and disposal of controlled waste, such as batteries. It also specifies what the Duty of Care requirements are.

THE CONTROLLED WASTE (REGISTRATION OF CARRIERS AND SEIZURE OF VEHICLES) REGULATION 1991

States that a waste carrier employed by your company must be registered with the EA and as such holds a license to carry your controlled waste. It is vital that you have had sight of such a license and that it is current.

LANDFILL REGULATIONS 2002

Introduced in 2002, these regulations effectively prevent waste batteries from being landfilled as they do not fulfil the required ‘pre-treatment’ criteria to prevent them from exhibiting corrosive properties prior to being sent to landfill.

THE CARRIAGE OF DANGEROUS GOODS and USE OF PORTABLE PRESSURE EQUIPMENT REGULATIONS 2009; THE CLASSIFICATION, LABELLING AND PACKAGING REGULATIONS 2010; ADR-EUROPEAN AGREEMENT CONCERNING THE INTERNATIONAL CARRIAGE OF DANGEROUS GOODS BY ROAD

The definition of Dangerous Goods is different from that of Hazardous Waste and many batteries are classed as both Dangerous Goods and Hazardous Waste.

These regulations require all Dangerous Goods to be carried in a secure, safe and environmentally controlled manner and that the haulier has both the necessary training and resources to ensure that the Dangerous Goods are transported safely.

The carrier has the right to refuse carriage if Dangerous Goods are not packaged in accordance with the regulations.

THE TRANSFRONTIER SHIPMENT OF WASTE REGULATIONS 2007

Govern movements of waste between different countries and their control system is based on ‘prior informed consent.’ A Consignment Note is used for notification to the relevant authorities and the waste can only be shipped once their consent has been given and it has to follow the specific route notified. In addition to the Consignment Note, all shipments must be covered by a significant Financial Guarantee or Bond, to be used in case something prevents the waste from reaching its specified destination. No hazardous waste can be transported into or out of the UK without TFS Documentation and a certificate of Financial Guarantee or Bond.

ENVIRONMENTAL PERMITTING (ENGLAND AND WALES) REGULATIONS 2010

Controls the specific conditions in which wastes should be managed on land. In the case of batteries, these should be stored in suitable containers and removed by registered carriers, for safe transportation, to their point of disposal / recycling.

If you manage your own hazardous waste and/or manage other people’s wastes on a site (e.g. If you bring others’ waste batteries to your site), then to conform to this legislation you will require an Environmental Permitting License or official exemption from licensing issued by the EA, SEPA or EHSNI.

WASTE (ENGLAND AND WALES) REGULATIONS 2011

Amongst other changes and specific updates for some aspects of waste controls, you must now, whenever you pass waste on to someone else, declare on the waste documentation that you have applied the waste management hierarchy.