The long-awaited revised EU Waste Framework Directive has finally been implemented into UK legislation by the Waste (England and Wales) Regulations 2011, which came into force on 29 March 2011.

The revised directive should have been implemented into UK Legislation by 12 December 2010, but the deadline was not met.

Waste hierarchy

The new regulations will affect all types of businesses that deal with waste. They will require businesses to apply the waste management hierarchy when transferring waste, and to include a declaration on their waste transfer note that this has been done.

The waste management hierarchy sets out the options organisations should consider when dealing with waste:

-prevention
-preparing for re-use
-recycling
-recovery
-disposal

The Government has been set strict landfill targets by the EU, and which it is obliged to meet.  The revised framework will force organisations to assist the Government in achieving these targets and will also encourage organisations to work towards achieving a more sustainable environment.

Businesses are required to consider the hierarchy now, but the obligation to declare this on the waste transfer note does not come into force until 1 October 2011.

Waste carrier registration

The new regulations also introduce a two tier system for waste carrier and broker registration, plus the new concept of a waste dealer.

The registration is based on a two tier system. Generally speaking, if your organisation deals with other people’s waste then you must register as an ‘upper tier’ carrier. You will also need to register as an upper tier carrier if you carry your own construction or demolition waste.  There are some limited exemptions depending on the type of waste that is being carried, which may only require you to register as a lower tier carrier.

Existing registered waste carriers do not need to worry about making fresh applications for an upper tier registration, as any current waste carrier registration will automatically convert into an upper tier registration when it is due to be renewed. The upper tier registration will last for three years, as is the case with the current waste carrier registration.

Lower tier registration requires carriers to register if they only deal with waste from mines and quarries, agricultural premises or animal by-products.  In addition, according to the Environment Agency guidance, a local authority or charity (who was previously exempt from waste carrier registration) will now need to register if they normally or regularly transport other people’s waste.

There is a future requirement from December 2013 for organisations to register as a lower tier carrier if they normally or regularly carry the waste produced by their own business.

Waste controls

The new regulations make amendments to the hazardous waste controls and introduce a new category of ‘sensitising’. This will obviously mean that some none hazardous waste may be need to be re-classified as hazardous waste.

Waste controls no longer apply to activities dealing only with excluded wastes. For example, land spreading animal by-products are no longer subject to waste controls. Businesses should check the full list to see whether their waste activity is exempt.

Finally, from 1 January 2015, the regulations require the separate collection of waste paper, metal, plastic and glass.

It is clear that the regulations will place a far greater burden on organisations as to how they manage their waste. Businesses should not forget that they are under a duty of care to ensure that their waste does not end up in the wrong hands, and adequate checks should be made on the organisations that remove waste from your site.

Businesses should review their waste management policies and put in place additional procedures, if necessary, to ensure compliance with these regulations.