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- Requirement of the Duty of Care Regulations
- Independent Audit Trail
- Requirements of Special Waste Regulations 1996
- Waste Management Licensing Regulations 1994
- The Transport of Dangerous Goods (Safety Advisors) Regulations 1999
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It is the responsibility of waste holder to ensure that the waste in their possession is properly described.
The description should be such that the holder or any other person to whom the waste is transferred is aware of:
- how to protect the environment
- how to avoid harm to human health
- the precautions taken to ensure that no serious detriment to the amenities of the area is caused.
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| The waste must be suitably contained - either in a secure container or a secure place - so that there is no risk of pollution of the environment or harm to human health.
The quantity stored must be within the licensing provisions, or within the terms of the exempted activities, as defined by the Waste Management Licensing Regulations 1994.
When the waste is transferred for transport purposes, it must be to an authorised carrier. The waste must be taken only to authorised disposal facilities. The duty of care transfer notes must be completed and signed by both the parties involved in the transfer.
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| All transfer notes are required to be kept for at least two years and are to be made available to the regulatory authority when requested.
It is good practice to audit the waste transporter and the disposer to ensure that the disposal of the waste is being carried out in accordance with the law. Requirements
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Though not strictly required by law, it is an excellent idea to carry out an audit trail of the waste from cradle to grave, as implied in the duty of care code of practice.
The best approach is appointing an experienced independent person to carry out the audit trail. The auditor is allowed freedom to chose a number of waste consignments and examine the documents from the point of production through transport, transfer station, treatment plant to
final disposal.
Requirements
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The regulations deal with the management and control of specified types of waste covering:
- the point of production
- transport
- storage
- treatment
- ultimate disposal
Originally, all wastes that came from hospital were excluded from the requirement of the regulations by being household waste. However, the amendment regulation was introduced one day before the introduction of the principal regulations. This then brought any waste (generated at hospitals (and associated premises), waste from laboratories and asbestos waste from household premises) all within the requirement of the Special Waste Regulations.
It is important to note that a waste is not special waste simply based on its name - other than prescription-only medicine. A particular waste/chemical is special waste based on the concentration and the hazardous property it displays, as detailed in the regulation. No waste is special purely on the basis of its name. For a waste to be special, it must contain the chemical at equal or above the threshold concentration.
The current regulation is based on the risk that a particular waste poses. For a waste to be special waste, it must come under one or more of the three criteria specified in the legislation.
The three criteria are:-
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(i) Prescription-only medicines.
For waste to be special, it must contain prescription-only medicine. In this case, there is no minimum quantity limit or threshold value. If an Agency officer is able to establish that a consignment of waste contained prescription-only medicine in it, then that particular load is special waste. (ii) Waste listed as 'Six Digit Waste' on Hazardous Waste List.
For a waste to be special waste, it must be listed as 'six digit waste' in Schedule 2, Part 1, of the Special Waste Regulations 1996.
It must display one or more of the hazardous properties as detailed in the regulations. It must have the concentration of that constituent of the waste that is displaying hazardous property equal or higher than the threshold value given in the Special Waste Regulations or relevant references. Only then, the waste is defined as special waste.
(iii) Waste not listed as 'Six Digit Waste'.
It may be any controlled waste that displays one or more of the hazardous property H3A first indent, H4, H5, H6, H7 or H8.
The concentration of the chemical displaying the hazardous property must be equal or greater than the threshold value given in the Special Waste Regulations or relevant references. Then the waste is defined waste is special.
This means, for example, that any waste from hospital premises that contain prescription-only medicines is special waste. |
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The six digits waste listed in Schedule 2 Part 1 of the regulations (180103) includes:-
- waste from natal care
- waste from diagnosis, treatment or prevention of disease in humans, whose collection and disposal is subject to special requirements, in view of the prevention of infection
Waste not listed as six digits waste in Schedule 2 Part 1 of the regulations includes:-
- waste as assessed against hazardous properties H3A, first indent, H4 to H8
Special waste may only be transported from the site where it is held to any other place when a statutory special waste consignment has been duly completed and pre - notification requirement has been complied with. The waste may only be transferred to an authorised transporter for transport to an authorised facility.
It is an offence to mix special waste with non-special waste, or to treat it in any way, unless it is allowed by Waste Management Licensing Regulations 1994.
Requirements
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Regarding controlled waste, it is an offence to:-
- treat
- keep
- dispose of
- knowingly cause or
- knowingly permit
the controlled waste to be:-
- treated
- kept
- disposed of, in, or on any land
- or by means of any mobile plant
except under, and in accordance with, a waste management licence.
It is also an offence with controlled waste to:-
controlled waste, in a manner likely to cause pollution of the environment or harm to human health.
It is therefore essential that all industrial and commercial concerns ensure that their activities in respect of waste management, including storing wastes, are lawful.
Requirements
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From 31 December 1999, undertakings whose activities include transport and related loading and unloading of dangerous goods are required to appoint a vocationally qualified safety advisor.
Disposal Methods There are various methods available for disposal of waste. Currently, once the waste has been given to a bona fide disposal transporter and disposer, and the waste has been disposed of, then the producer has complied with his legal responsibility.
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However, some producers are concerned that their waste may be still recognisable at a landfill site and that in future, if any environmental problem arises, then the member of public may blame them for not making waste safe before disposal. They are looking for a method of disposal where the waste becomes unrecognisable at the disposal site. In future, it is likely that most waste which can be incinerated, will be disposed of in this way.
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| Possible future requirements... |
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(i) The European Commissioner recently announced a new environmental action program. It is not known at this stage what will be the implication will be on waste management.
(ii) EC White Paper on environmental liability has been issued by the European Commission to consider the possible scope of the EC Environmental Liability regime. The aim of the regime is to avoid environmental damage through the "polluter pays" principle. The concept of strict liability is detailed, where the polluter is liable even if the pollution event is beyond their control and within a permitted activity.
(iii) The amendments to the Special Waste Regulations are expected to be laid before Parliament before the summer recess. A further tranche of amendments will be required in the next 18 months, to incorporate changes to the European Hazardous Waste List.
(iv) The Department of the Environment, Transport and Regions has commissioned two projects; the first is the operation of the Special Waste Regulations and the second is an appraisal of the possible.
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| Points to remember… |
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- It is important that those who manage waste appreciate their responsibilities.
- There is a written procedure to follow for waste management.
- All appropriate officers need to be trained with regard to the duty of care and special waste requirement.
- The waste is only transferred to an authorised person.
- The waste is only sent for disposal to authorised facilities.
- There is a duly completed transfer note for all transfer of non-special waste.
- The waste disposal contractor is bona fide and has access to appropriate facilities for disposal of waste.
- Consideration should be given to the possible public reaction if the waste was suspected to be causing an environmental or human health problem. It may be safer to send waste for incineration, treatment or disposal through biological treatment at appropriate sewage works, where not only the waste harmful properties are totally destroyed but also the residue can not be identified to the original producer of waste.
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For more information on Legislation and Training
Requirements
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