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The Hazardous Waste (England and Wales) Regulations 2005

Overview

The Hazardous Waste (England and Wales) Regulations 2005 are instrumental in ensuring the safe and responsible management of hazardous waste. By setting clear guidelines, promoting waste reduction and proper documentation, and enforcing compliance, these regulations help protect both the environment and public health. It is crucial for waste producers, carriers, and receivers to familiarize themselves with these regulations and fulfil their duties and responsibilities in handling hazardous waste. 

Under the Hazardous Waste (England and Wales) Regulations 2005, hazardous waste is defined as waste that exhibits properties or contains substances that pose significant risks to human health or the environment. This includes waste that is toxic, flammable, corrosive, reactive, or infectious. The regulations categorize hazardous waste based on its characteristics, composition, or specific substances present. 

The Hazardous Waste (England and Wales) Regulations 2005: 

  • impose a “duty of care” on all parties involved in the management of hazardous waste. This duty requires waste producers, carriers, and receivers to take reasonable steps to prevent the escape or unlawful disposal of hazardous waste. It emphasizes the importance of proper documentation, record-keeping, and traceability of hazardous waste throughout its lifecycle; 
  • prioritize the waste management hierarchy, which promotes waste prevention and reduction, reuse, recycling, and recovery before considering disposal as a last resort. Waste producers are encouraged to minimize hazardous waste generation and explore environmentally friendly alternatives. Disposal of hazardous waste should only be considered when all other options have been exhausted; and 
  • require waste carriers and waste management facilities to hold appropriate licenses or permits. These certifications ensure that waste is handled by competent and authorized entities. The permits outline specific conditions, standards, and reporting requirements that must be adhered to during waste management operations. 

Non-compliance with the Hazardous Waste (England and Wales) Regulations 2005 can result in significant penalties, including fines, imprisonment, or both. The regulatory authorities, such as the Environment Agency in England and the Natural Resources Body for Wales, actively monitor and enforce compliance with the regulations. Regular inspections, audits, and investigations help ensure that hazardous waste is managed safely and in accordance with the law. 

Do the Hazardous Waste (England and Wales) Regulations 2005 affect my business?

If your business produces, treats or disposes of hazardous waste, then you will be affected by the Hazardous Waste (England and Wales) Regulations 2005, and you will receive a consignment code and will required to complete a consignment note. 

Consignment notes play a crucial role in tracking hazardous waste from its point of origin to its final destination. These notes contain vital information about the waste, including its nature, origin, destination, and the parties involved in its transportation. They provide a clear paper trail and ensure transparency and accountability throughout the waste management process. 

Do I need the Hazardous Waste (England and Wales) Regulations 2005 in my ISO Compliance Register?

You will need to Hazardous Waste (England and Wales) Regulations 2005 in your ISO Compliance Register if you are: 

  • Generating hazardous waste; or
  • Transporting, treating or disposing of hazardous waste.

Please note that these are only applicable if your business is based in England or Wales.

Legislation related to Hazardous Waste (England and Wales) Regulations 2005

Legislation related to the Hazardous Waste (England and Wales) Regulations 2005  include:

  • The Waste Batteries and Accumulators Regulations 2009
  • The Special Waste Regulations 1996
  • The Hazardous Waste Regulations (Northern Ireland) 2005
  • The Hazardous Waste (Wales) Regulations 2005
  • The Waste Electrical and Electronic Equipment Regulations 2013

More information

Visit the Hazardous Waste (England and Wales) Regulations 2005 article on the legislation.gov.uk website.

Create an account in the ISO Compliance Register App and add this article to your Register.