Overview

Waste is generally defined as something that is discarded by its last user although there have been many court cases arguing the precise definition. This is extremely important as something classed as waste comes under extensive controls that can add huge cost to its movement.
For instance, a waste fridge from a commercial premises must be collected as Hazardous Waste by a registered Waste Carrier with a consignment note whereas a second hand fridge can just be collected in the back of a car.
Controlled wastes are commercial and industrial waste (including construction and demolition waste) and household waste. Agricultural and mining wastes are now classified respectively as commercial and industrial waste and are therefore controlled. Controlled waste is all subject to the Environmental Protection Act 1990 regardless of its end use eg recycling.

Netregs provides a list of all relevant waste Regulations split out between England, Wales, Scotland and Northern Ireland..

1. If your premises produces waste, you have a legal responsibility to ensure the waste is:

• Stored safely on site
• Collected by a registered waste carrier
• Disposed of at a licensed facility
• Satisfies Duty of Care and is covered by a valid Waste Transfer Note
• Correctly described on the Waste Transfer Note
• Satisfies the Pre-treatment requirements by either separating some waste for recycling at your site or ensuring your collector takes it to a sorting facility

2. If the waste includes hazardous items such as fluorescent tubes, NiCd batteries, oily rags and fridges or any item designated hazardous in the European Waste Catalogue, you must ensure its collection and disposal under the Hazardous Waste Regulations

• Your site is registered as a hazardous waste producer in England and Wales
• The waste is correctly contained
• The waste is collected using registered waste carriers
• Is collected using the correct consignment notes and in Scotland and NI, under pre-notification
• Is disposed of at a licensed facility

3. In addition, if your waste is classed as Dangerous such as waste that is toxic, Asbestos, Clinical waste, Flammable liquids, Acids, Lead acid or NiCd batteries, the waste must be transported under the Carriage of Dangerous Goods Regulations.

4. If you are a

• Shop disposing of raw or lightly cooked meat waste and raw eggs
• Food manufacturer – including sandwich making premises – with raw or cooked meat waste

you must do so under the requirements of the Animal By-products Regulations ie collected separately for incineration, composting or rendering.

Restaurants and canteens can dispose of raw and cooked meats with general waste that goes to landfill.

5. If you are responsible for a building contract worth more than £300k plus vat, you must produce and maintain a Site Waste Management plan.

6. If you wish to carry out any type of waste treatment at your premises it must have an Environmental Permit although some low risk operations – such as composting – and storage can be carried out under Exemptions which must be registered.

7. If your waste collection is arranged by someone else other than the person collecting or disposing of it, that person or organisation must be a registered Broker.