REQUIREMENTS FOR WASTE DESTINED FOR DISPOSAL IN LANDFILL
A GUIDE FOR WASTE PRODUCERS AND WASTE MANAGERS
1. Introduction
The Landfill Directive, as implemented in England and Wales by the Landfill (England and Wales
Regulations 2002 and the Pollution Protection and Control Regulations 2000, (‘The Regulations’)
has had and will continue to have, a significant impact on the management of all wastes. This
summary guide is primarily intended to highlight the requirements of the Regulations for the
benefit of waste producers and waste managers. However, it will be of use to anyone with an
interest in waste legislation. It also suggests sources of more detailed information.
This guide provides important information relevant for any waste destined to landfill after
consideration of alternative waste management options. However it is particularly relevant for the
management of hazardous waste.
To be clear, a waste producer may be anyone whose activities produce waste ('original/primary
producer') or anyone who carries out pre-processing, mixing or other operations resulting in a
change in the nature or composition of this waste (‘secondary producer’).
2. Status
This summary note is based on information contained in the Regulations and on the Agency’s
current understanding of the law. This has been developed from a series of Environment Agency
guidance documents that have been subject to extensive external consultation. The content of this
document may be subject to change in the light of regulatory changes, future Government guidance
or experience of applying the regulations. It remains the responsibility of waste producers and
landfill operators to comply with any obligations placed upon them by the regulations.
3.The requirements of the Regulations
The requirements of the Regulations have been progressively introduced since 2002 and its
legislative requirements will all be in force when permitting of landfill sites is complete by October
2007. Many of the consequences (such as a reduction in landfill capacity) will be evident before
2007, and others will continue to change the nature of landfill disposal beyond 2007. The main
impacts on waste producers when the requirements of the Regulations are fully in place will be
that:

Certain kinds of waste can no longer be sent to landfill for disposal. (See Section 5).

Biodegradable municipal waste will be progressively diverted away from landfill.



Landfills will be classified according to whether they can accept hazardous, non-hazardous or
inert wastes. (See Section 6) and wastes can only be accepted at a particular landfill if they
meet the waste acceptance criteria (WAC) for that class of landfill. (See Section 7).
Most wastes must be treated before they can be landfilled. (See Section 9).
The waste producer is responsible for ensuring that basic characterisation of the waste
has taken place to establish its key characteristics as specified in the Regulations. In particular,
details of the chemical composition and leaching behaviour of the waste are required. (See
Section 8).
Environment Agency, Rio House, Waterside Drive,
Aztec West, Almondsbury, Bristol BS32 4UD
Tel. 08708 506506
www.environment-agency.gov.uk
This will impact on waste produces and managers because,:
Environment Agency, Rio House, Waterside Drive,
Aztec West, Almondsbury, Bristol BS32 4UD
Tel. 08708 506506
www.environment-agency.gov.uk
REQUIREMENTS FOR WASTE DESTINED FOR DISPOSAL IN LANDFILL
A GUIDE FOR WASTE PRODUCERS AND WASTE MANAGERS

Once the waste is characterised the producer will be in a position to consider the ways in which
the waste might be managed in accordance with the waste hierarchy, whether this be the future
reduction of waste produced, its reuse, recovery or lastly disposal. Where the waste arises at an
installation regulated under the PPC regulations these principles are re-enforced as legal
requirements. Thus the waste producer has additional obligations to operate the installation in
such a way that waste production is avoided in accordance with the Waste Framework Directive.
Where waste is produced it should be recovered unless technically and economically impossible.
If, after addressing the above requirements, there is still a waste stream for disposal, the
producer must select the disposal option that avoids or reduces any impact on the environment.

Where disposal by landfill is the identified option for all or part of the waste, the producer will
consider appropriate treatment options, identify the landfills that may be able to accept the
waste and establish whether the waste will meet the WAC. Usually this will involve the
producer in discussions with waste contractors and/or landfill operators.

When treated waste is consigned to a landfill, the landfill operator must carry out periodic
compliance checking, to ensure that the waste complies with the WAC. The landfill operator
must also subject each load to on-site verification at the site to ensure that the waste is as
described by the producer. (See Section 8)
Section 10 provides advice on decision-making to ensure compliance with the requirements.
The Landfill Regulations contain differing timetables for the introduction of the requirements at new
and existing landfills. The timing also varies according to the class of landfill.
The result is a complex timetable, which is summarised in Section 4. Waste producers need to liase
with waste contractors and/or landfill operators to establish the date when their waste will need to
meet particular requirements should it need to be landfilled.
Defra has produced a note that provides a Government interpretation (accepting that only the
Courts can decide) of some aspects of the Landfill Regulations1. Section 11 suggests other sources
of additional advice and support.
4.Timetable
The regulations apply to all landfills that accepted waste after 15 July 2001. Landfills already in
existence on the 15 July 2001 will be brought fully into line with the Regulations over the next few
years. This is being achieved by permitting existing sites under the Regulations and the PPC
Regulations.
Some requirements are brought into effect by direct application under the Regulations rather than
when the permit is issued. Depending on the requirement this may be earlier or later than
permitting. Sections 4.1 - 4.3 summarise the dates for the introduction of the main requirements
discussed in this document.
4.1 Timetable for prohibited wastes and prior treatment
PROHIBITION
REQUIREMENT
NEW LANDFILL
EXISTING LANDFILL FOR
HAZARDOUS WASTE
OTHER EXISTING
LANDFILL
Specified hazardous
wastes (section 5.2)
Now
Now
Now
Wastes in liquid form
(see section 5.1)
Now
Now
Date to be announced by
Government
Whole used tyres
(unless used as
Now
Now
Where authorised
[Comment: not sure what
1 Government interpretation of the Landfill (England and Wales) Regulations 2002 (as amended), Defra
Environment Agency, Rio House, Waterside Drive,
Aztec West, Almondsbury, Bristol BS32 4UD
Tel. 08708 506506
www.environment-agency.gov.uk
REQUIREMENTS FOR WASTE DESTINED FOR DISPOSAL IN LANDFILL
A GUIDE FOR WASTE PRODUCERS AND WASTE MANAGERS
engineering material)
this means]
Now Landfill for hazardous waste
Shredded used tyres
From 16 July 2006 Landfill for non-hazardous waste
Untreated wastes
(see section 7)
Now
Now
From 16 July 2006
Now
Date to be announced by
Government
4.2 Timetable for waste acceptance criteria (WAC)
The following table explains the dates when the interim and full waste acceptance criteria (WAC)
take effect. This is explained in more detail in section 7.
REQUIREMENT
ALL NEW LANDFILL
EXISTING LANDFILL FOR
HAZARDOUS WASTE
OTHER EXISTING
LANDFILL
Interim WAC
When permitted
16 July 2004
When permitted
Full WAC
16 July 2005
16 July 2005
When permitted
4.3 Timetable for waste characterisation and testing
The regulations introduce a three level hierarchy of waste characterisation and testing
(see section 8):
Level 1 – basic characterisation
Level 2 – compliance checking
Level 3 – on-site verification
The timetable for the introduction of the hierarchy may be summarised as follows:
REQUIREMENT
NEW LANDFILLS
EXISTING LANDFILL FOR
HAZARDOUS WASTE
OTHER EXISTING
LANDFILL
Level 3
As permitted
Now
As permitted
Levels 1 and 2
From 16 July 2005
From 16 July 2005
As permitted
Although the specific requirements of the regulations for waste characterisation and testing apply as
shown above, waste holders also have a Duty of Care under Section 34 of the Environmental
Protection Act 1990. Waste holders must take all reasonable measures to prevent a breach of
permit conditions, and to transfer such information about the waste necessary to enable others to
avoid such contravention. As a result of amendments to the Environmental Protection (Duty of Care)
Regulations 1991,this information now includes the need to use European Waste Catalogue (EWC)
codes to identify wastes on transfer notes.
5. Prohibited wastes
The following types of waste were banned from landfill from July 2002 (except where shown):

any hazardous waste in liquid form;

waste which, in the conditions of landfill, is explosive, corrosive, oxidising, flammable or highly
flammable;

hospital and other clinical wastes which arise from medical or veterinary establishments and
which are infectious;

chemical substances arising from research and development or teaching activities which are not
identified and/or are new and whose effects on man and/or the environment are not known;
Environment Agency, Rio House, Waterside Drive,
Aztec West, Almondsbury, Bristol BS32 4UD
Tel. 08708 506506
www.environment-agency.gov.uk
REQUIREMENTS FOR WASTE DESTINED FOR DISPOSAL IN LANDFILL
A GUIDE FOR WASTE PRODUCERS AND WASTE MANAGERS

whole used tyres, other than tyres used as engineering material, bicycle tyres and tyres with an
outside diameter above 1400mm (from July 2004);

shredded used tyres other than bicycle tyres and tyres with an outside diameter above 1400mm
(from July 2006).

any non-hazardous waste in liquid form (from a date to be determined)
The timetable for prohibited wastes is shown in section 4.1.
5.1 Liquid wastes
Waste in liquid form should be regarded as:
(i)
Any waste that near instantaneously flows into an indentation void made in the surface of
the waste; or
(ii)
Any waste load containing free draining liquid substance in excess of 250 litres or 10% of
the load volume, whichever represents the lesser amount. “Free draining” means a liquid as
defined in (i), irrespective of whether that liquid is in a container.
The first of these interpretations can be used to distinguish between liquids and sludges. A waste
that flows only slowly, rather than near instantaneously, into an indentation void will be a sludge
and therefore not prohibited.
The second interpretation should be used where liquids are known to be present in small amounts
in a generally solid waste, for example, cartons of milk or juice in mixed commercial waste or are
adventitious in a waste, for example, liquid that has drained or been squeezed from components of
the waste.
5.2 Prohibited hazards
We have issued guidance on the assessment of hazardous wastes2. The guidance on assessing the
hazardous properties of wastes that are prohibited from landfill is found in Appendix C of that
guidance, and in particular:
C1 - explosive
C2 - oxidising
C3 - flammable and highly flammable
C4 - irritant and corrosive
C9 - infectious
Interpretation of these hazards is very similar to that under the Special Waste Regulations, with the
exception of hazard H9, infectious. Infectious wastes are prohibited only if they are hazardous
“hospital and other clinical wastes which arise from medical or veterinary establishments”.
5.3 Waste tyres and shredded tyres
Please refer to the Agency’s detailed regulatory guidance on these prohibited wastes3.
6. Classification of landfills
All landfills must be classified as sites for hazardous waste, for non-hazardous waste or for inert
waste. Classification of hazardous waste landfills took place on 16th July 2002, other landfills are
2 Hazardous waste. Interpretation of the definition and classification of hazardous waste. Technical Guidance WM2. Environment Agency.
Bristol. 2003. ISBN 1 84432 130 4
3 The ban on the landfilling of whole used tyres and shredded used tyres in accordance with the requirements of the Landfill (England
and Wales) Regulations 2002. Regulatory Guidance Note 17. Environment Agency. Bristol. June 2003
Environment Agency, Rio House, Waterside Drive,
Aztec West, Almondsbury, Bristol BS32 4UD
Tel. 08708 506506
www.environment-agency.gov.uk
REQUIREMENTS FOR WASTE DESTINED FOR DISPOSAL IN LANDFILL
A GUIDE FOR WASTE PRODUCERS AND WASTE MANAGERS
classified as the site is permitted. Producers should liase with their waste contractor or landfill
operator to select a site appropriate for their waste.
Hazardous waste landfills can only accept wastes classified as hazardous under the Hazardous
Waste Directive and that meet the relevant WAC (see section 7).
Non-hazardous waste landfills may accept municipal waste, other non-hazardous wastes (including
inert wastes) that meet the relevant waste acceptance criteria and, in certain circumstances, stable,
non-reactive hazardous wastes within separate a cell. Stable, non-reactive non-hazardous waste
may also be accepted in these cells.
Inert landfills may only accept inert wastes that meet the relevant waste acceptance criteria.
7. Waste acceptance criteria
Waste acceptance criteria (WAC) have been agreed by the European Council4, and apply from 16
July 2005 by virtue of the Landfill (England and Wales) (Amendment) Regulations 2004.
Until 16 July 2005, interim waste acceptance criteria are provided by Regulation 10 and Schedule 1
of the Landfill (England and Wales) Regulations 2002 (see 7.1 below).
The dates when the WAC requirements bite are set out in section 4.2.
7.1 Interim waste acceptance criteria
The interim WAC comprise a set of risk assessment requirements to demonstrate that waste will not
pollute the environment or harm health in the short or long term. As these requirements are sitespecific, producers should seek advice from the landfill operator as to the types of waste that may
be accepted at a particular landfill as a result of the interim WAC.
7.2 Full waste acceptance criteria
From 16 July 2005, there are full WAC for landfills for inert, for non-hazardous and for hazardous
wastes.
There are also a number of special cases, which are:

stable, non-reactive hazardous wastes deposited in landfills for non-hazardous wastes, in cells
not used for the deposit of biodegradable wastes(section 7.2.1);

asbestos wastes5;

gypsum wastes6;

underground storage.
Currently, no WAC exist for non-hazardous wastes going to a non-hazardous landfills (other than in
a stable non reactive cell)
The full WAC consists of; a list of acceptable inert wastes, leaching limit values and other
criteria.
For inert waste landfills there is a. If the waste is on list of acceptable inert wastes ,
uncontaminated by any other materials, then it may be accepted at an inert landfill. For wastes that
are not on this list, there are leaching limit values and also limit values for other criteria.
4 Council Decision 2003/33/EC Establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 and
Annex II to Directive 1999/31/EC, OJ L 11/27, 16.1.2003.
5
Hazardous waste Brief Guide -Asbestos and asbestos contaminated wastes. Environment Agency, Bristol, 2004.
6
Regulatory guidance Note 11,The disposal in landfills for non-hazardous waste of: stable, non reactive hazardous wastes; asbestos
wastes; wastes with high sulphate or gypsum contents Environment Agency, Bristol, 2003
Environment Agency, Rio House, Waterside Drive,
Aztec West, Almondsbury, Bristol BS32 4UD
Tel. 08708 506506
www.environment-agency.gov.uk
REQUIREMENTS FOR WASTE DESTINED FOR DISPOSAL IN LANDFILL
A GUIDE FOR WASTE PRODUCERS AND WASTE MANAGERS
For non hazardous waste landfills, there are no leaching limit values , other than in the particular
cases discussed in section 7.2.1 below. Unless those l cases apply, the primary requirement is to
ensure that the waste is not hazardous waste. In view of the wide range of non-hazardous wastes,
permits may limit the wastes to be accepted on a site-specific basis.
For hazardous waste landfills, there is a Hazardous Waste List7.If the waste is on this list, it then
needs to be considered against leaching limit values and other criteria.
Reference must be made to the Regulations for the full WAC. Prior to 16 July 2005, interim WAC
apply (Section 7.1).
7.2.1 Stable, non-reactive hazardous wastes
Hazardous wastes with a low leaching potential can be accepted in non-hazardous landfills, provided
that the leaching potential is not going to change. This is addressed by:
-
requiring that the waste must be “stable, non-reactive”;
-
requiring that it must be deposited in separate cells from biodegradable waste.
Stable, non-reactive means the leaching behaviour of the waste will not change adversely in the
long-term under the landfill design conditions or foreseeable accidents:

in the waste alone (for example, by biodegradation)

under the impact of long-term ambient conditions (for example, water, air, temperature or
mechanical constraints)

by the impact of other wastes (including waste products such as leachate and gas).
The full WAC interpret this definition via values for leaching potential and for parameters governing
stability and reactivity. The WAC also provides an appropriate way to determine whether a waste is
or is not stable and non-reactive during the interim year. (Stable non-reactive wastes can be
created by treatment processes, e.g. by turning granular wastes into monolithic wastes by mixing
with cement.)
8. Waste characterisation and testing
It is important that waste producers are aware at an early stage of the properties of their waste,
how it was produced and whether there are ways of minimising its occurrence or allowing its
recovery.
For waste going to landfill, the Regulations introduce a three level hierarchy of waste
characterisation and testing:
Level 1 – basic characterisation.
Level 2 – compliance checking.
Level 3 – on-site verification.
The Regulations detail the requirements for each level and set out the test methods associated with
the full WAC. The Agency has produced separate guidance on sampling and testing of waste for
these purposes.
In summary, before a waste can be landfilled, waste producers and landfill operators must ensure
that all of the properties of the waste appropriate to the full WAC are known. The waste is then
periodically checked to ensure that those properties have not changed, and it is checked at the
7
Commission Decision 2000/532/EC as amended by Commission Decisions 2001/118/EC, 2001/119/EC and 2001/573/EC
Environment Agency, Rio House, Waterside Drive,
Aztec West, Almondsbury, Bristol BS32 4UD
Tel. 08708 506506
www.environment-agency.gov.uk
REQUIREMENTS FOR WASTE DESTINED FOR DISPOSAL IN LANDFILL
A GUIDE FOR WASTE PRODUCERS AND WASTE MANAGERS
landfill to verify that it is the expected waste and has not been contaminated in storage or
transport.
As part of the assessment, basic characterisation by producers should determine the key variables in
the waste. These are the properties that determine its potential for environmental impact or harm to
health, and that may therefore determine suitable landfills to receive it. Basic characterisation also
assesses the variability of the waste, and determines the parameters to be assessed in Level 2 and
3 checking and the frequency of those checks.
Regular arisings from the same process can be subject to checking of a limited number of
parameters for compliance checking, where the principle components of the waste can be readily
identified. However all one-off arisings have to be subject to basic characterisation when they arise.
Wastes from very variable processes (i.e. those where the process inputs and operational
parameters are variable) will require more frequent and thorough compliance checking than those
from constant processes.
Basic characterisation is the responsibility of the waste producer (although there is a default position
of the person responsible for managing the waste if the producer cannot be identified). This may be
anyone whose activities produce waste ('original/primary producer') or anyone who subsequently
undertakes operations resulting in a change in the nature or composition of this waste (‘secondary
producer’. Therefore it is the producer who consigns the waste to landfill who is responsible for
basic characterisation. Because of the treatment requirement, this is more likely to be the secondary
producer, although they are will require information from the original producer to decide upon the
treatment required.
Compliance checking and on-site verification are the responsibility of the landfill operator. The
landfill operator will need to liase with the producer, as the approach relies on the information from
basic characterisation.
9. Waste treatment
Waste destined for landfill must be subject to prior treatment, subject to the dates stated in section
4.1 and qualifiers discussed in section 9.2. The Regulations provide a definition of treatment, from
which the following test (the “three point test”) has been derived. Any potential treatment must
fulfil all these three criteria (but need only meet one of the four objectives of the third point):
1) It must be a physical/thermal/chemical or biological process including sorting.
2) It must change the characteristics of the waste.
3) It must do so in order to:
a) reduce its volume, or
b) reduce its hazardous nature, or
c) facilitate its handling, or
d) enhance its recovery
9.1 Responsibility for compliance
Waste producers make the initial decisions about the management of their waste and are therefore
in the best position either to treat the waste or secure its treatment by others.
To ensure that a suitable treatment is provided:
Landfill operators should liase with waste producers to confirm whether the treatment requirement
yet applies to their landfill, and to establish what treatment has, or might have been applied or any
reasons why treatment is considered unnecessary.
Environment Agency, Rio House, Waterside Drive,
Aztec West, Almondsbury, Bristol BS32 4UD
Tel. 08708 506506
www.environment-agency.gov.uk
REQUIREMENTS FOR WASTE DESTINED FOR DISPOSAL IN LANDFILL
A GUIDE FOR WASTE PRODUCERS AND WASTE MANAGERS
Waste producers and subsequent holders should liase with operators to establish whether the waste
has been treated, what treatment has been or might be applied, and any reasons why it is
considered that treatment is not required. Written information regarding treatment should be
contained on or with the Duty of Care transfer note. It is expected that the Duty of Care provisions
of the Environmental Protection Act 1990 and related Code of Practice will be amended to reinforce
this requirement.
9.2 The qualifiers of the treatment requirement
9.2.1
Inert wastes
The regulations require treatment unless it is inert waste for which treatment is not technically
feasible. Such a decision can only be made following a thorough evaluation of the treatment
options.
9.2.2 Other wastes
The regulations also provide that the treatment may not be required if it is non-inert waste and
treatment would not reduce its quantity or the hazards that it poses to human health or the
environment. In most cases, there is likely to be a treatment, which will achieve such a reduction.
Any decision must be made following a thorough evaluation of the treatment options.
9.3 Issues about treatment
It is important to note that:

Sorting is specifically included as an acceptable process that meets point 1 of the test and
source segregation will also be regarded as a physical process that could meet point 1 of the
test. In both cases the other two points must also be met.
Where municipal waste strategies are in place to achieve Government targets for waste
diversion from landfill, it is not necessary to treat the residual municipal waste further.

The “characteristics” of the waste are those properties that affect its potential impact on human
health or the environment when it has been landfilled. Hence these characteristics must be
changed in order to meet the third criterion. Processes such as compacting household waste in
a refuse collection vehicle (or elsewhere) do not change those inherent properties of the waste
and thus does not constitute treatment.

To reduce the hazardous nature of a waste, one or more hazards (H1-14 of the Hazardous
Waste Directive) should be removed. Alternatively, a waste might be moved to a “lesser” class
of hazard - from corrosive to irritant, or from very toxic to toxic or harmful or from toxic to
harmful - or the risk of one or more hazards being realised might be removed. For example,
solidification should prevent ingestion of some toxic wastes and this would be regarded as
reducing the hazardous nature, even though the waste remains hazardous. It follows that it is
not possible to reduce the hazardous nature of non-hazardous waste.

The common treatment of sorting or segregation will not in itself enhance recovery – there
needs to be an intent subsequently to recover part or all of the waste. It is not acceptable to
sort wastes and then landfill all the sorted wastes.

Certain wastes that are landfilled are already the product of a waste treatment and in such
circumstances, it is not necessary to further treat the residue prior to landfill. The key
requirement is that the waste is subjected to a process that meets the three point test (e.g. it
changes its characteristics and some element of the waste is recovered) following identification
that it is waste under the Waste Framework Directive. Also, it is not necessary for the purposes
of the regulations that the treatment take place outside the site of production, or that all wastes
currently landfilled receive further treatment.
Environment Agency, Rio House, Waterside Drive,
Aztec West, Almondsbury, Bristol BS32 4UD
Tel. 08708 506506
www.environment-agency.gov.uk
REQUIREMENTS FOR WASTE DESTINED FOR DISPOSAL IN LANDFILL
A GUIDE FOR WASTE PRODUCERS AND WASTE MANAGERS

Simple physical dilution, without any concurrent chemical or physico-chemical changes, is not an
acceptable treatment process. For example, the dilution of contaminated soil with other soils or
minerals in order to bring the concentrations of toxic components below those for hazardous
waste is unacceptable. Mixing of wastes, or mixing wastes with other materials, so as to achieve
a chemical or physico-chemical change in pursuance of the third criterion, is acceptable.
10. The decision process
Figure 1 (annexed to this paper) shows schematically the decision process for determining landfill
options.
In practice, it is unlikely that a waste holder would treat the waste and then decide to what class of
landfill the residue could be consigned. Rather, the target waste management option for the residue
would form part of the overall consideration of appropriate treatment. Hence the need to treat the
waste may open up a range of considerations, according to:

What treatments are technically feasible for the waste?

Are they available and economically feasible?

What the outcome might be, in terms of landfill options?

Are such landfills available?

Are there other options, such as waste elimination or recycling?
Producers should liase with their waste contractor or landfill operator, who may be able to assist in
making these judgements.
11. Sources of additional information and support
Chemical Industries Association (www.cia.org.uk) -a trade association of the chemical and allied industries
promoting economic, social and environmental sustainability amongst members.
The Defra website (www.defra.gov.uk/environment/waste/index) provides information about various waste
topics related to the implementation of legislation.
Envirowise (www.envirowise.gov.uk) - Government funded programme providing free advice and support to
businesses on how to increase profits by minimising waste and reducing environmental impact.
The Environmental Services Association (www.esauk.org) - a trade body of the UK’s waste management
industry.
The Institute of Wastes Management (www.iwm.co.uk)- the UK professional body for waste managers.
The Waste and Resources Action Programme (www.wrap.org.uk) - a new UK initiative aimed at removing
barriers to waste minimisation, reuse and recycling.
Waste Management Industry and Training Board (www.wamitab.org.uk) - an independent body, which works
with industry, and for the industry on education and training issues.
Environment Agency, Rio House, Waterside Drive,
Aztec West, Almondsbury, Bristol BS32 4UD
Tel. 08708 506506
www.environment-agency.gov.uk
REQUIREMENTS FOR WASTE DESTINED FOR DISPOSAL IN LANDFILL
A GUIDE FOR WASTE PRODUCERS AND WASTE MANAGERS
Annex
Figure 1: Assessment of waste for landfill – from 16th of July 2004
WASTE FOR
LANDFILL?
TREAT
YES
NO
10
NO
DIRECTIVE
INAPPLICABLE
NO
HAZARDOUS
WASTE
TREATED
YES
YES
1
MEETS
FULL WAC FOR
HAZARDOUS IN NONHAZARDOUS?
SEPARATE CELLS FOR STABLE
NON-REACTIVE HAZARDOUS WASTE
YES
2.3
NO/DO NOT KNOW
MEETS FULL WAC
FOR HAZARDOUS?
NO
YES
LANDFILL FOR HAZARDOUS WASTE
4
LISTED INERT?
YES
5
LANDFILL FOR INERT WASTE 7
LANDFILL FOR NON-HAZARDOUS WASTE 7.9
LANDFILL FOR HAZARDOUS WASTE 7.8
NO
MEETS
FULL WAC FOR
INERT?
YES
6
NO
LANDFILL FOR NON-HAZARDOUS WASTE 7.9
Notes to figure 1
The flowchart takes the approach that:

Holders should be aware if the waste may be hazardous waste, through the Special Waste
Regulations and their imminent replacement;

Because of the strict definition of inert, it should be readily apparent whether it is worth
considering whether a waste is inert;

Therefore those steps should be considered first; any wastes that are not hazardous or inert
must be non-hazardous.

That initial decision leads to the appropriate considerations for waste acceptance.
Flowchart references
1. The Agency Guidance on the definition and classification of hazardous waste, Technical Guidance WM2,
provides detailed guidance, including a flowchart (figure 3.1 of that guidance).
Environment Agency, Rio House, Waterside Drive,
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Tel. 08708 506506
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REQUIREMENTS FOR WASTE DESTINED FOR DISPOSAL IN LANDFILL
A GUIDE FOR WASTE PRODUCERS AND WASTE MANAGERS
2. Certain wastes are prohibited from hazardous waste landfills – see section 5.
3. For hazardous waste to be deposited in cells of a non-hazardous landfill (separate from biodegradable
wastes), the waste must be stable and non-reactive, as defined in the Regulations, and meet both
leaching and other waste acceptance criteria. Although those WAC are not formally applied by the
Regulations until July 2005, it will usually be necessary to use them to assess whether waste is stable and
non-reactive. Hazardous waste that meets those WAC could also be deposited in a normal hazardous
waste landfill.
4. Prior to 16th July 2005 interim WAC requirements apply for hazardous waste.
5. The Regulations provide a list of materials that are deemed to be inert provided they are not
contaminated in any way.
6. The waste does not have to be tested against these criteria if the holder intends to regard the waste as
non-hazardous waste. They will only be relevant if the holder expects to demonstrate that the waste is
inert waste. Although the WAC do not take effect until July 2005, it will not be possible to interpret the
definition of inert other than by reference to the list or WAC. Existing non-hazardous landfills are not
classified until they are re-permitted, and so it is not possible to distinguish existing inert landfills as a
separate subset. The inert waste criteria are therefore relevant to new landfills, or when the site is
permitted.
7. The Government intends to announce a national date following which wastes in liquid form are prohibited
from existing landfills for non-hazardous and inert waste, and following which wastes accepted at such
landfills must be subject to the treatment requirement of Regulation 10(1). These requirements are
already applicable to new landfills.
8. Suitable inert wastes may be used for redevelopment/restoration and filling-in work, or for construction
purposes, in landfills for hazardous wastes. The Agency regards daily cover and landfill engineering as
construction purposes.
9. If non-hazardous (non-biodegradable) wastes are destined for disposal in the same cells as stable, nonreactive hazardous wastes, they must meet the same European waste acceptance criteria.
10. Section 10 lists some of the issues to be considered in relation to treatment of the waste.
Environment Agency, Rio House, Waterside Drive,
Aztec West, Almondsbury, Bristol BS32 4UD
Tel. 08708 506506
www.environment-agency.gov.uk