The guidelines, indicated below offer a brief indication of the requirements of the main pieces of legislation which are most likely to apply to most businesses.
They are not comprehensive and are designed to offer guidance for businesses on the legislation which applies to them, how it applies and what they need to do to ensure compliance.
By adding a link to this page to your desktop you will be able to access the regulations without having to trawl through all the websites, which are sometimes complicated as well as confusing, to find the information that may relate to your business.
The above regulations came into force on 16th July 2005, revoking the Special Waste Regulations 1996 and transposed the list of hazardous waste implemented by the European Commission in 2002, significantly increasing the number of hazardous waste producers. The Environment Agency has shifted its regulatory focus from administration of the system to assessment of compliance, with emphasis placed firmly on the waste producer.
All producers of waste, classified as hazardous under these regulations will need to register their premises with the Environment Agency. Otherwise they will be committing an offence if they allow hazardous waste to be produced at, or removed from, premises, unless those premises have been registered or are exempt. The cost of the annual registration will vary depending on the method of registration.
Access the Environment Agency’s web pages (on the right) and locate the relevant page for further guidance
A copy of The Hazardous Waste (England and Wales) Regulation 2005 can also be obtained from The Stationary Office (TSO) — 0870 600 5522 or access the link below.
The Oil Storage Regulations
Anyone storing oil in containers greater than 200 litres, above ground at an industrial, commercial or institutional site, or more than 3500 litres at a domestic site will be affected by these regulations. They cover factories, shops, offices, hotels, schools, churches, village halls, public sector buildings and hospitals. At the present time these regulations apply only in England, but Scotland, Northern Ireland and Wales are likely to bring in regulations setting similar standards.
- Applies to external storage of oil above ground and in quantites in excess of 200 litres
- Does not apply to waste oil
- Bund must be able to contain 110% of volume of storage tank
- If multiple tanks in one bund, bund must be able to contain 110% of volume of largest tank, or 25% of volume of all tanks
- All valves, filters, vents etc., must be kept inside the bund
- Must be no drainage valve in the wall of the bund
- Oil stores installed since 1st March 2002 should have met the standards.
- Existing oil stores "at significant risk" should have complied since 1st September 2003.
- All remaining existing oil stores must comply from 1st September 2005.
In general, an oil store is at "significant risk" if located within 10 metres of a watercourse or 50 metres of a well or borehole.
Are you fully compliant with the The Oil Storage Regulations ?
For Further Guidance on the Oil Storage Regulations Access the Following Web Pages
The Oil Storage Regulations
See Waste Incineration Regulations
To obtain hard copies of the Regulations, contact The Stationary Office (TSO)
Waste Incineration Regulations 2002 SI 2980
Environmental standards for using waste oil as a fuel are being tightened up to reduce emissions. It’s unlikely that current users of waste oil will be able to meet these standards which will inevitably result in waste producers and waste managers paying more to dispose of their waste oil.
The Waste Incineration Directive (WID) was agreed by the European Parliament and the Council of the European Union on 4 December 2000. These regulations impose a variety of constraints on the burning of wastes by setting stringent limits on emissions to atmosphere in so far as practical to reduce pollution by emissions into air, soil, surface and groundwater, and the resulting risks to human health, from the incineration and co-incineration of waste.
The Directive was applied to all new waste and incineration and co-incineration plants from 2002. However from January 2006 it also applies to all existing incineration plants.
The widespread implementation of this Directive from January 2006 has a direct implication for producers of waste oil. As much of the UK’s waste oil is burned as fuel, these new standards will limit the number of facilities able to burn current waste oil products. This will have a major impact on the waste oil market, which will lead to producers of waste oil paying more to dispose of their waste.
For Guidance on the Waste Incineration Regulations Access the Following Web Pages
The Ditrective on Waste Incineration
New rules on waste oils
To obtain hard copies of the Regulations, contact The Stationary Office (TSO)
Waste Electrical & Electronic Equipment (WEEE) Directive
Covers manufacturers, sellers, distributors, recyclers and treaters of electrical and electronic equipment.
- By 1st January 2006 private householders should be able to return WEEE to collection facilities free of charge.
- Producers of equipment will be responsible for financing collections, treatment, recovery and disposal of WEEE.
- By 31st January 2006 producers must demonstrate that they can meet targets for recovery and recycling of different categories of WEEE.
- Regulations are expected in Summer 2005, but have already been a number of delays.
Regulations now proposed for June 2006, with registration of WEEE producers starting in January
For Further Guidance on the WEEE Directive Access the Following Web Pages
WEEE Recycling Network
Guidance on WEEE from the EA
The WEEE Forum
Electrical Recycling Scheme
To obtain hard copies of the Regulations, contact The Stationary Office (TSO)
Batteries Directive
The EU Directive on Batteries and Accumulators (91/157/EEC) was first introduced in 1991. It requires that batteries containing more than 25mg of mercury (except alkaline manganese batteries), 0.025% of cadmium by weight and 0.4% lead by weight to be collected separately from household waste for recycling or special disposal. It also sets permissible limits for these heavy metals. The directive largely affects lead-acid, NiCd and mercuric oxide batteries.
The Directive sets collection targets for portable batteries of 25% and 45% of the average annual sales over the past three years. These targets are to be achieved respectively four and eight years after the transposition of the Directive. The Directive is expected to be formally adopted by mid-2006.
For Further Guidance on the Batteries Directive Access the Following Web Pages
Defra
A guide to the Batteries Directive from the EEF
Recyclers
Easy to follow Guidance Notes
To obtain hard copies of the Regulations, contact The Stationary Office (TSO)
Compliance with Duty of Care
Section 34 of the Environmental Protection Act 1990 (EPA90) places a ‘Duty of Care’ on all those who produce, import, treat, process, carry, keep or dispose of controlled waste to take all measures, applicable to them in that capacity.
The principle of the ‘Duty of Care’ places a responsibility on all waste producers, carriers and disposers to ensure that waste is dealt with in accordance with the legislation. Failure to do so can incur either personal fines, imprisonment or both.
The waste producer has a duty to ensure that the waste arising from their premises is handled by a registered waste carrier and that the site accepting the waste for treatment or disposal is a licensed facility. All Duty holders should be alert for signs of a breach of the Duty by others in the chain. Any offences should be reported to the Environment Agency.
There is no legal requirement for waste producers to carry out a detailed audit of the contractors site. However, we welcome ‘Duty of Care’ visits to our facility from existing and potential clients in order to satisfy themselves that Arrow Environmental Services Ltd is complying fully with the legislation.
For Further Guidance on the Environmental Protection (Duty of Care) Regulations 1991, access the Following
The Environmental Protection Act 1990
Duty of Care
To obtain hard copies of the Regulations, contact The Stationary Office (TSO)
Waste Management licensing Regulations 1994 (as amended)
Covers activities involving deposit, treatment, keeping or disposing of controlled waste - specified disposal or recovery operations; some exemptions if covered by the requirements of other legislation (e.g. IPPC)
List of exempt activities (e.g. recycling operations), but still need to register with the Environment Agency for the exemption, and may be conditions attached.
Waste carrier registration required for carriage of controlled waste. Exemptions - carrying own waste (unless building or demolition waste); waste being transferred between different parts of the same premises; or carrier is a waste disposal authority.
Waste broker = someone who arranges carriage, treatment or disposal of waste on behalf of someone else, but doesn't produce, carry, treat or dispose of waste themselves.
For Further Guidance on the Waste Management licensing Regulations 1994 (as amended), access the Following
Waste Management Licencing
To obtain hard copies of the Regulations, contact The Stationary Office (TSO)
Controlled Waste (Registration of Carriers & Seizure of Vehicles) Regs
Registration scheme for carriers of controlled waste. Offence to transport waste without registration.
The regulatory agency can apply for a warrant to seize any vehicle used for fly tipping. Carriers are exempt if they carry their own waste, unless is building or demolition waste.
For Further Guidance on the Controlled Waste (Registration of Carriers & Seizure of Vehicles) Regs, access the Following
Controlled Waste (Registration of Carriers & Seizures of Vehicles) Regs
To obtain hard copies of the Regulations, contact The Stationary Office (TSO)
Producer Responsibility Obligations (Packaging Waste) Regs. 1997
- Applies to anyone who: produces packaging raw material
- Converts raw material into packaging; packs or fills packaging
- Supplies packaged goods to end user
- Imports packaging or packed/filled packaging
- Must handle 50 tonnes of packaging and have a turnover in excess of £2 million per year.
- Calculate obligations for the amount of waste to be recovered or recycled. Must include %age for each activity carried out
- plus national recycling target plus national recovery target, for each packaging material.
- Recovery obligations are overall, recycling obligations are material specific.
- Waste companies provide Packaging Recovery Notes (PRN's), as evidence that the appropriate amount has been recovered and recycled.
- Producers and obligated companies must register with the Environment
- Agency - can do this individually or through a Compliance Scheme.
Packaging (Essential Requirements) Regulations 2003
Applies to the following:
- Packer or filler of packaging Importers of packed or filled packaging
- Anyone who puts their name, brand or trade mark on a packaged product.
- Any packaging placed on the UK market.
- Packaging must be minimised (weight and volume) as far as possible, taking account of issues such as health and safety, product protection, customer requirements, handling etc..
- Packaging must meet requirements for heavy metal content.
- Must have reusable or recoverable qualities.
- Get written confirmation from packaging supplier that it meets the essential requirements.
- Records must be kept for 4 years from when packaging first placed on the market.
The Regulations are enforced by Trading Standards.
For Further Guidance on the Producer Responsibility Obligations (Packaging Waste) Regs. 1997, access the Following
Guidance on the Packaging Regulations
To obtain hard copies of the Regulations, contact The Stationary Office (TSO)
REACH Regulations
The REACH Regulation (EC) No 1907/2006 came into force on 1 June 2007.
The REACH Regulations have replaced around 40 existing pieces of legislation and places a greater responsibility on industry to manage the risks from chemicals and to provide safety information on the substances. It is likely to be the most complex, far reaching and costly set of regulations to originate from Brussels and has the potential to impact on all companies.
The aim of the regulations is to improve the protection of human health and the environment through the better and earlier identification of the properties of chemical substances. It also calls for the progressive substitution of the most dangerous chemicals.
The Regulations are likely to require companies to substitute their raw materials, which will not only have major cost implications on the products they produce but, also on the waste they generate through their processes.
For more information on of how the REACH regulations may affect your business, access the links opposite.
For Further Guidance on the REACH Regulations, access the Following
Guidance on REACH
DEFRA on REACH
NetRegs on REACH
REACH Fact Sheet
To obtain hard copies of the Regulations, contact The Stationary Office (TSO)
