Hazardous waste is a specialist area of operations and also one where the legislation in England and Wales is markedly different to Scotland.

In England and Wales the 1996 Special Waste Regulations were repealed and replaced by the Hazardous Waste Regulations (England and Wales) 2005 (as amended), whereas Scotland only made some minor changes to the Special Waste Regulations in order to meet the EU requirements relating to hazardous waste.

Whilst the following is a brief outline of some of the requirements relating to hazardous waste, it is strongly recommended that reference is made to both primary legislation and guidance before any materials are moved to ensure compliance.

A range of guidance dealing with different aspects of the regulations and assessment of materials has been produced, is regularly under review by various bodies and is subject to relatively regular change. Consequently, great care is required so that wastes are properly assessed to ensure they are correctly consigned.

Within the European Waste Catalogue there are waste codes which are marked with an asterix. These entries are either absolute, for example hazardous wastes regardless of threshold concentrations, or mirror entries, where the waste is hazardous only if dangerous substances are present above threshold concentrations.

For example:

170503* Soil and stones containing dangerous substances

170504 Soil and stones other than those mentioned in 170503

For mirror entries, the waste stream must be assessed for the level of contamination against the hazardous waste thresholds.

In England and Wales, producers who generate more than 500kgs of hazardous waste per year must register annually with the Environment Agency. No waste can be moved from the premises until registration has been completed.

No waste can be legally moved without being accompanied by a properly completed consignment note. The consignment note must be signed at every point of transfer and appropriate copies retained.

In Scotland each load of hazardous waste must be pre-notified to SEPA at least 72 hours prior to removal. The main exceptions to the pre-notification process are:

When there are successive loads of similar waste from the same premises. In this instance a succession is raised and the first consignment note is completed accordingly. Successions are valid for up to 12 months and all subsequent loads must cross reference to the original pre-notification number.
When an emergency situation has occurred and the removal of hazardous waste is carried out to prevent pollution or harm to human health. This must be carried out with the approval of SEPA.

Prior to the collection of hazardous wastes it is recommended that the waste producer is satisfied the proposed disposal/treatment facility is both capable and authorized to handle the material.

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