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Hazardous Waste

2004 sees a dramatic change in the way the UK manages around 6 million tonnes of special waste generated each year with the long awaited transposition of the European Hazardous Waste Directive will combine with new requirements placed upon landfills through the Landfill Directive (see separate briefing note). Many fear the resulting shortfall in hazardous waste treatment and disposal capacity will make the so called fridge mountain, which saw thousands of fridges stored while necessary infrastructure was put in place, look like a molehill.

Hazardous Waste Directive increases the amount of materials to be classed as hazardous

The UK does not presently use the term Hazardous waste, instead the term Special is used. Data shows that around 5.5 million tonnes of Special waste arise annually in the UK under the current regime. The UK now has to implement the 1991 Hazardous Waste Directive that aims to provide a uniform European definition of hazardous waste and ensure that they are managed in a correct manner.

To confuse matters further, it appears that England and Wales will adopt one set of regulations and introduce the term hazardous waste, while the Scottish executive have taken the lead and amended the Special Waste Regulations, retaining the term Special waste, while still ensuring compliance with the Hazardous waste directive. Separate regimes could cause major headaches for wastes that are crossing the border for treatment and disposal, with 50% of Scottish special waste presently destined for disposal in England.

The one matter where there is no debate is to the fact that more hazardous (or special) will be produced due to the new method of classification. Businesses previously unaffected by the 1996 Special waste regime may fall under a new hazardous waste regime.

Have I got a Hazardous waste?

The European Union has produced the European Waste Catalogue (EWC), this is as the name suggests is a list comprising wastes catagorised by their sources alongside a 6 digit code to allow identification of the wastes, and will replace the written descriptions on the duty of care note. This list, lists all wastes, whether hazardous or not and wastes with a hazardous property are highlighted as either Absolute or Mirror entries. A waste given as an absolute entry means this will in all circumstances be a hazardous waste regardless of any threshold concentrations, while a mirror entry will be a hazardous waste if dangerous substances are present above threshold concentrations.  

To see the EWC and guidance on evaluating waste classed as mirror entries to determine if they are hazardous or not see Environment Agency Guidance, Hazardous Waste, Interpretation of the definition and classification of hazardous waste (link provided at end of note)

Landfill Directive reduces available Landfill capacity for Hazardous Waste

The European Landfill directive was implemented into UK law in 2001. (see separate briefing note on Landfill directive) Many of the Directives requirements aim to ensure that the environmental standards at landfill sites are increased along with placing tough targets upon local authorities to decrease the amount of household waste sent to landfill. July 2004 sees further requirements placed upon landfill operators, with consequences affecting waste producers and waste managers.

Historically the UK has practiced what has come to be known as co-disposal whereby special and non-special wastes have been landfilled together with the non-special wastes, ameliorating the hazardous nature of the materials. As of July 2004 this practice will no longer be a legal activity and if hazardous wastes are to be landfilled they need to be sent to a site that deals solely with hazardous wastes.  In terms of the number of landfill sites, under co-disposal there were around 280 throughout the UK, Environment Agency data from PPC applications show around 11 merchant (available to all) and 10 in house (just dealing with waste produced by one companies processes). These sites are not spread evenly throughout the UK and some regions are likely to have no landfill available for the disposal of hazardous waste.

These hazardous waste landfill sites will be complimented by single cells within other landfill sites that will be permitted to accept stable non-reactive hazardous wastes. Latest reports suggest that there have been 27 applications for such cells, although none of these have currently received a PPC permit to allow them to operate.

A report undertaken for the Environment Agency has suggested there will be around a 2 million tonne per year shortfall of capacity to manage hazardous wastes.
    
What is being done to address this problem?

The Government has set up a Hazardous Waste Forum, where experts come together to discuss the issues and from this an action plan has been developed. The CIWM has 2 representatives on this Forum along with members on sub groups to the forum. The CIWM also runs a Special Interest group to brief these representatives on views of the CIWM membership and to act to de-brief members on the latest developments in hazardous waste.


Sources of Further information

EU landfill Directive - Text of the Landfill Directive
http://europa.eu.int/eur-lex/pri/en/oj/dat/1999/l_182/l_18219990716en00010019.pdf

EU Hazardous Waste Directive - Text of the Hazardous Waste Directive
http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=en&numdoc=31991L0689

DEFRA Hazardous waste forum - provides minutes of meetings of the forum along with a number of documents produced for and by the forum. The Action plan for tacking the Hazardous waste problem is also available at this site
www.defra.gov.uk/environment/waste/hazforum/index.htm

Northern Ireland Hazardous waste forum
www.ehsni.gov.uk/environment/wasteManage/regulations_NI_HWF.shtml  

Environment Agency WM2 Guidance - Hazardous Waste Interpretation of the definition and classification of hazardous waste www.environment-agency.gov.uk/business/444217/590750/590821/502174/496498/?lang=_e&theme=(R)ion=&subject=&searchfor=

Environment Agency Hazardous waste management Market pressures and opportunities: Background paper
www.environment-agency.gov.uk/commondata/105385/p1484tr.pdf

Environment Agency Hazardous waste a growing problem - general information report www.environment-agency.gov.uk/subjects/waste/232021/232024/743177/?lang=_e

Environment Agency Regulatory Guidance notes
www.environment-agency.gov.uk/business/444217/444663/landfill/475339/?version=1&lang=_e

Scottish Special Waste Amendment (Scotland) Regulations 2004
www.hmso.gov.uk/legislation/scotland/ssi2004/20040112.htm


The Chartered Institution of Wastes Management (CIWM) is the professional body for the wastes management industry and represents around 5,500 professional people in the United Kingdom and overseas.  Part of its role is to provide guidance and information in all areas of waste management, not only for the waste management industry and legislators but also for the fabric of the nation.

This briefing note is one of a series prepared on current environmental issues that challenge or are of concern to the industry.


Last updated 1st April 2004

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