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Update on the Waste Regulations 2011

7th January, 2014

Why are these important and why should I be bothered as an operator?

The Regulations came into force in March 2011 and revoke the Duty of Care Regulations 1991.

They seek to change certain aspects of waste control and introduce the waste hierarchy that has been introduced under the Revised Waste Framework Directive.

The regulations affect all businesses that produce, import or export, carry or transport, keep or store, treat or dispose of waste or those who act as a broker or dealer regardless of whether it is yours or another person’s waste.

The effect of this is that there are new terms such as “the Waste Hierarchy” and “Tiered Waste Carrier Registrations”.
Looking at these in more detail:

Waste Hierarchy

This is a simple one to start with and is probably not that important for haulage operators.

The “Waste Hierarchy” is:

This must be considered for all waste management options. It focuses on waste prevention and requires a person to consider preparation of waste for re-use and recycling before recovery and disposal. But what does this all mean? It is an attempt to prevent waste from going to landfill and all transfer notes from 1 October 2011 should have a declaration which states that you have considered and applied the Waste Hierarchy prior to the transfer.

There is also another change to the transfer notes in that SIC codes need to be identified for the transferor. This is a one off task and once identified it can be used for all transfer notes. The Environment Agency however is giving a period of grace for the old transfer notes and you can use these up to September 2011.

Tiered Waste Carrier Registrations

This is more important for haulage operators.

There is a 2-tier waste carrier registration now. Everyone still needs to be registered to carry waste; however, from 2013 you need to register as a lower tier carrier if you regularly transport your own business waste. This is a new requirement.

Lower tier registration is also applicable for transportation of animal by-products, waste from mines and quarries and agricultural waste together with charities and voluntary organisations. Registration as a lower tier carrier is currently free and lasts indefinitely.

Upper tier registrations are designed for carrying, brokering or dealing with another person’s waste together with if you are carrying construction or demolition waste even if that is your own. The registration fee is £152 and lasts for 3 years.

Existing waste carriers do not need to worry about their current licences as they are carried forward until renewal, but you should be aware that upon renewal, you will need to register for either the lower tier or upper tier.

The Regulations place a greater emphasis on businesses to manage and treat their waste effectively. All business should review their policies to ensure compliance with this new stricter duty of care regime.

For more information please see http://www.environment-agency.gov.uk/business/sectors/wastecarriers.aspx

For further advice or assistance with regard to any aspect of waste management or environmental legislation, contact Claire Petricca-Riding, Partner specialising in planning, environmental and waste management law, on 01244 405440 or email [email protected].

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