Hazardous waste:
What’s so
‘Special’?
Mark Heggie
Waste Policy Unit
mark.heggie@sepa.org.uk
Introduction
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Regulatory framework
What is it, how is it regulated and what are
our duties/responsibilities
Consigning Special Waste
Differences within the UK
Who wants to be a SWillionaire
Q & A.
Regulatory Framework
 Hazardous Waste Directive (Council
Directive91/689/EC)
 Environmental Protection Act 1990
 The Special Waste Regulations 1996
(as amended)
 European Waste Catalogue/Hazardous
Waste List
 WM2 - Interpretation of the definition
and classification of hazardous waste.
Hazardous Waste Directive (HWD)
 Framework for member states to control
the movement of hazardous waste
 Provides a precise and uniform (European
wide) definition of hazardous waste
 Ensures correct management and
regulation of hazardous waste
 1994 – European Waste Catalogue
 1994 – Hazardous Waste List.
Environmental Protection Act
1990
 A key piece of UK environmental
legislation
 Provides the main statutory framework in
relation to waste, including:
 criminal offences in relation to waste
 the waste management licensing system
 a duty of care in relation to waste
 Controls many aspects of how the
environment is protected and regulated
 SWR introduced under s62.
Special Waste Regulation 1996 (as
amended)
 Formed under s62 of the EPA 1990
 Introduced to transpose the HWD
 Revoked and the replaced the Control
of Pollution (special waste) Regulations
1980
 The Special Waste Amendment
(Scotland) Regulations 2004
 Different regime south of the border.
European Waste Catalogue/Hazardous
Waste List
 1994 –the European Waste Catalogue
(EWC), a comprehensive list of all wastes,
hazardous or otherwise
 1994 – the Hazardous Waste List (HWL)
 2002 – EWC and HWL updated and
combined
 Revised EWC intended to be a catalogue of
all wastes, grouped according to generic
industry, process or waste type
 Wastes listed with an asterisk are hazardous
WM2 - Interpretation of the definition
and classification of hazardous waste
 Joint agency technical guidance document
 Guides you through the classification process
and enables you to assign an EWC
 Absolute Entry – always hazardous
 Mirror Entry – assessment will be required
and if it contains dangerous substances
above thresholds it will be hazardous
 Non-hazardous entry – if part of mirror entry it
may be hazardous and an assessment is
required. If it is not listed with an asterisk it is
not hazardous.
What is Special waste?
 Special Waste is the Scottish term for
Hazardous Waste
 Hazardous Waste used in other EC
member states including E & W.
 Hazardous wastes contain ‘dangerous
substances’ in amounts that pose a risk
to human health and/or environment.
Examples of Special Waste
Duties and Requirements
 Every movement must be accompanied by a special
waste consignment note (SWCN)
 All notes must bear a unique purchased from SEPA
 Enhanced duty of care provides a ‘Cradle to grave’
approach
 You must keep a copy of the special waste
consignment note for three years
 Producers must also keep a register of their special
waste consignment notes
 Disposers/consignees (WML/PPC Permit holders) must
retain records until surrender of WML/Permit accepted.
Duties and Requirements (2)
SEPA has to:
 enforce the legislation (SWR 1996, EPA
1990, WMLR 1994 etc.)
 identify producers and inspect the
consignment notes and registers
 report on:
 arisings
 movements
 disposals
Mixing/Separation
• Mixing Hazardous wastes/Non-hazardous wastes
requires a permit
• Must separate where technically or economically
feasible
• Landfill Regs also address need to segregate and
separate
• Duty of Care on waste holders
• Ensure proper storage, effective collection,
recovery and disposal
• Contract requirements and waste license
compliance.
Definitions
 Producer – Person who produces the waste
 Consignor – Removes or transports the waste
from the place where it is being held (this can
also be the producer)
 Carrier – Transports the waste between the
premises of the consignor and the consignee
 Consignee – Receives the waste for treatment,
disposal or recovery at a suitably licensed or
permitted facility e.g. treatment facility or landfill
site.
Section A – Consignment Details







A1 - Where is it being collected
A2 - Where is it going
A3 - What type of movement is it
A4 - When is it being moved
A5 - Confirmation
A6 - A contact telephone number
A7 - Producer details if different from
information given in A1
Section B – Description of the
waste






B1 - Description of the waste to be collected
B2 - EWC code
B3 - Physical form of the waste
B4 - Colour(s) of the waste
B5 - Estimate of the total weight of the waste
B6 - List the components of the waste and the
concentrations they are present in
 B7 - Indicate the relevant hazard code(s)
 B8 - How was the waste produced.
Section C – Carriers Certificate
 C1 - The carrier’s registration number or reason for
exemption
 C2 - The vehicle registration number or the mode of
transport (if not by road) e.g. train, ship
Section D – Consignors
Certificate
 Confirms
 that the information in sections B & C are correct
 that the waste is being transferred to a
licensed/permitted facility
 If collection is being done under a carriers round the
relevent section of carriers schedule should be
completed
Section E – Consignee’s
Certificate




E1 – Date and time of day
E2 – Quantity
E3 – Vehicle registration
E4 – Type of waste management operation
and WML/Exemption number
Special Waste Consignment Note
Classify the waste using WM2 and the EWC and assign the appropriate
code(s) and hazard code(s)
Complete sections A&B and send the pre-notification (white) copy to the
appropriate SEPA office
Complete Section D (and check that the carrier had completed Section C)
before waste leaves the premises
Make sure at least 3 copies (yellow, pink and gold) travel with the waste
stream to the Consignee
Consignee retains the pink and yellow copies, and returns the gold copy to
the Carrier/Haulier
Consignee sends deposit copy (yellow) to SEPA
Assessing your Waste
Step 1 - "Directive Waste" is any substance or object which the producer or the
person
in possession
it discards
or intends
is required
to Regulations
discard. Thisthe
forms the
Step 2 and
3 – underofpowers
provided
by theorSpecial
Waste
basic
definition
of waste
the UK. the classification of a waste.
Scottish
Government
canindetermine
Step 4 – how is the waste listed on the EWC and what is it listed as? Is it an
absolute, mirror or non-hazardous entry.
Step 5 – you should have enough information about the chemical substances in your
waste to know if it is hazardous or not (e.g. from safety data sheets, or knowing how
Step
6a - There
are three ways to find out if the substances in a “mirror” entry waste
the waste
was produced).
are dangerous: The ASL, MSDS or reference books/internet (peer reviewed).
Step 6b - If you do not know what is in the waste, you must still find out if the waste
If
not you may
need
to test
the
waste
for hazardous
properties
(see Step
6b). to
is
hazardous
not. You
may
have
to use
your waste
contractor
If none
of the or
substances
in the
waste
are consultants
classified asor“dangerous
substances”,
help
you make
thisbedetermination.
the waste
will not
hazardous and the non-hazardous EWC code can be used.
If you do not have this information, you may have to arrange for the waste to be
tested (see WM2 Appendix C for test methods).
Step 7 - a waste will be hazardous if it contains a dangerous substance(s) with a
concentration at or above the appropriate threshold; and/or a test shows a
hazardous property and the appropriate classification H1 to H14 can be applied.
Theoretical Example
Waste A produced from a manufacturing process contains 10% of chemical X and
18%
Y with the remainder being water.
Step of
1 –chemical
Yes
Step 2 and 3 – there are no specific provision, under domestic legislation, relating to
the waste
Step 4 – it is listed with a mirror entry on the EWC 2002
Step 5 – Chemical X is listed on the ASL and we have the safety data sheet for
chemical Y, so the composition of the waste is known and we can move onto step
6a.
Step 6a – Chemical X classified as F; R11, Xn: R20/22; and Chemical Y is classified
as Xi: R36, Xn: R21 and N: R50, 53.
Based on the classifications Waste A could display the hazardous properties H3
(Highly flammable/Flammable), H4 (Irritant), H5 (Harmful) and H14 (Ecotoxic) and
tests are needed
Step 7 - The results of the tests show that the threshold concentrations for H5
(Harmful) and H14 (Ecotoxic) are exceeded. The waste is therefore hazardous.
Types of Movements
 Movement
 Single movement – requires prenotification
 Succession - repetitive movement of
the same waste to same destination for
up to 1 yr (pre-notification of 1st
movement required)
 Collections
 Carrier’s Round - pick-up of same
waste from a series of producers
 Extended Carriers Round
Scotland v England & Wales
 Scotland uses amended (2004) version of the Special
Waste Regs 1996
 E&W (i.e. the EA) replaced SWR 1996 with the
Hazardous Waste Regulations 2005
 HWR require Producers of HW to register with EA
 HWR require post consignment quarterly returns
 Cross border movements can cause confusion!
 Any movement of Special Waste from Scotland must
be done using a SWCN regardless of the destination
 The consignee who receives the waste is required to
send a copy of the completed note to SEPA
 Movement into Scotland still requires a pre-notification
(where applicable)