Hazardous Waste (England and Wales) Regulations 2005
What this means for your business
- Enforced by
- Environment Agency
- Applies to
- United Kingdom
- On this page
- 21 compliance obligations, 5 practical guides across 3 topics
What you must do
21 compliance obligations under this legislation — 4 can result in imprisonment.
Management duties 6
Act promptly on hazardous waste emergencies and notify the Agency
If an emergency or grave danger involving hazardous waste you hold occurs, you must take all lawful and reasonable steps to stop it, or if that isnāt practicable, to mitigate its impact. You must then inform the Agency as soon as reasonably practicable, and if you initially notify orally, confirm the details in writing within one week. You remain liable for the waste even if it leaves your possession.
Arrange separation or treatment of mixed hazardous waste
If your business holds hazardous waste that has been mixed without a permit, and it can be technically separated and needs to be separated to meet wasteādirective rules, you must set up a plan to separate it as soon as reasonably practicable. If separation isnāt required, you must instead arrange for the mixed waste to be sent to a licensed treatment facility.
Assign a consignment code to hazardous waste shipments
Unlimited fineWhen your business produces, stores, or arranges the removal of hazardous waste, you must give each consignment a unique identification code using the current coding standard. This applies whether the waste is taken away from your site, moved by pipeline, placed onāsite, taken from a ship, or any other way it is transferred.
Deliver hazardous waste consignment promptly
If your business transports hazardous waste, you must get the waste to the recipient as quickly as possible and without unnecessary delay. This means you cannot hold the waste longer than needed once you have it in your possession.
Maintain and pass schedule of carriers for hazardous waste
If you send hazardous waste and use more than one transport company, you must create a schedule listing all the carriers, give copies to the first carrier and make sure a copy travels with the waste at every handāover. Each carrier must fill in their part of the certificate and keep a copy, with the final carrier giving the remaining copies to the waste receiver.
Manage and record crossāborder hazardous waste consignments
Unlimited fineWhenever your business moves hazardous waste across UK borders you must complete the correct consignment note, keep a copy for your records and send copies to the appropriate environmental authority. If the waste is rejected you must record the rejection, tell the carrier and forward the details to the waste producer and the relevant authority promptly.
Other requirements 1
Provide information to the Agency on request under regulation 55(2)
You normally can refuse to hand over documents that are legally privileged or that might incriminate you or your spouse. However, if the Environment Agency (or other authorised Agency) issues a request for information under regulationāÆ55(2) of the Hazardous Waste Regulations, you must comply and give the information, even if it could incriminate you or your spouse. The information you provide cannot be used as evidence in any criminal case against you or your spouse.
Offences and prohibitions 4
Breach hazardous waste regulations (regulation 65/68)
2 years imprisonmentIf you, as a business or individual, fail to comply with the Hazardous Waste (England and Wales) Regulations ā either the specific consignment and return duties listed in regulations 34ā55, or any other requirement in the Regulations ā you commit a criminal offence. On a summary conviction you face an unlimited fine. If the case is tried on indictment you could also be sentenced to up to two years' imprisonment, in addition to an unlimited fine.
Cause another person to commit a hazardous waste offence
2 years imprisonmentIf a breach of the hazardous waste rules happens because of your act or failure to act, you can be prosecuted even if you are not the person who actually committed the breach. This also means that directors, managers, secretaries or members of a company can be personally liable if the offence was done with their consent, connivance or neglect, making both the company and the individual punishable.
Fail to comply with hazardous waste requirements
Unlimited fineIf your business does not follow any of the obligations set out in PartāÆ4, regulationsāÆ34ā43, regulationāÆ46 (and ScheduleāÆ7), PartāÆ7 (except regulationāÆ52) or regulationāÆ62 of the Hazardous Waste RegulationsāÆ2005, you commit a criminal offence. Conviction can attract a fine and/or imprisonment, but the exact penalties are set out elsewhere in the regulations.
Provide false or misleading information to HSE
2 years imprisonmentIf you knowingly give false or misleading information about hazardous waste to the Health and Safety Executive, or deliberately make a false entry in any required waste record, you commit a criminal offence. A conviction can result in an unlimited fine and, depending on the court, a term of imprisonment.
Record keeping 8
Complete and transfer hazardous waste consignment notes correctly
Unlimited fineWhenever you send hazardous waste away, you must fill out a consignment note, make copies for every party (producer/holder, consignor, carrier and consignee), and ensure the copies travel with the waste and are handed over at each stage. This keeps the waste traceable and meets the law.
Document hazardous waste consignment when removing waste from a ship
Whenever you take hazardous waste off a ship in a harbour (and youāre not taking it to a designated reception site), you must complete a threeāpart consignment note. The shipās master, the carrier and the consignee each fill in their sections, keep copies, and make sure the note travels with the waste until delivery.
Keep detailed hazardous waste records
2 years imprisonmentIf your business produces, holds, consigns, brokers or deals in hazardous waste, you must maintain a register that records what the waste is, how much there is, where it came from, where itās going, how often itās collected, how itās transported and how itās treated. Keep the register at the site where the waste is produced/held or at your main place of business, and retain it while you control the waste and for three years after you transfer it to someone else.
Keep records of hazardous waste transport
If your business transports hazardous waste you must keep a register that records the quantity, type, origin, destination (when relevant), how often you collect it, the mode of transport and the treatment method used. The register has to be kept at your main place of business and you must retain it for at least 12 months after the waste is delivered.
Maintain hazardous waste registers and send them when permit ends
If your business is required to keep a hazardous waste register, you must record every consignment note, consignee return and carrier schedule you receive. Keep these records together with any other waste registers you hold, and forward the whole register and its supporting documents to the Environment Agency as soon as your waste permit is surrendered or revoked.
Prepare and exchange consignment notes for hazardous ship waste
Whenever you remove hazardous waste from a ship in a harbour, you must complete a consignment note ā two copies, with the required parts filled in ā keep one for yourself and give the other to the wasteāreception facility. The facility must then add its details to the note it receives. This ensures the waste is tracked from ship to disposal.
Prepare a new consignment note for rejected hazardous waste
If a shipment of hazardous waste is turned down by the recipient, you must create a fresh consignment note for the rejected waste. You need to copy the relevant details from the original note, add the āRā code, complete the required parts, give copies to the carrier and the new recipient, and make sure the note travels with the waste until delivery.
Record and communicate reasons for rejecting hazardous waste delivery
If your business (as the waste recipient) refuses to take a consignment of hazardous waste, you must clearly note the rejection on the consignment note and explain why. Keep a copy for your records, give one copy to the carrier and send another to the waste producer/holder as soon as reasonably practicable. If you never received a consignment note, you must write a written explanation and follow the same copyākeeping and notification steps.
Reporting and filing 2
Provide documentary evidence of waste disposal on request
Unlimited fineIf your business receives hazardous waste for disposal or recovery, you must give the previous holder written proof that the waste has been properly dealt with when they ask for it. The request must be in writing and set a reply period of at least seven days, and you must supply the evidence within that time.
Submit quarterly hazardous waste returns to the Environment Agency
If your business receives hazardous waste (or disposes of it on your own site), you must send the Environment Agency a quarterly return that lists every consignment, including rejected loads, pipeline deliveries and each collection when there are multiple. Use the format the Agency publishes and file the return by the deadline shown for the quarter.
Penalties for non-compliance
9 penalties under this legislation. 4 can result in imprisonment. 9 carry an unlimited fine.
Breach hazardous waste regulations (regulation 65/68)
Unlimited fine and/or 2 years imprisonment
Cause another person to commit a hazardous waste offence
Unlimited fine and/or 2 years imprisonment
Provide false or misleading information to HSE
Unlimited fine and/or 2 years imprisonment
Keep detailed hazardous waste records
Unlimited fine and/or 2 years imprisonment
Assign a consignment code to hazardous waste shipments
Unlimited fine
Manage and record crossāborder hazardous waste consignments
Unlimited fine
Fail to comply with hazardous waste requirements
Unlimited fine
Complete and transfer hazardous waste consignment notes correctly
Unlimited fine
Provide documentary evidence of waste disposal on request
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
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Meet your business waste duty of care
Understand your legal responsibilities when producing, storing, or disposing of business waste. Covers using registered waste carriers, completing waste transfer ā¦
Business waste management
Your legal duty of care for waste, waste transfer notes, and avoiding fly-tipping liability.
Dispose of hazardous waste
How to classify, store, and dispose of hazardous waste from your business premises in compliance with the Hazardous Waste Regulations ā¦
Infection prevention and control for healthcare providers
How to meet infection prevention and control (IPC) requirements under the Health and Social Care Act 2008 Code of Practice ā¦
Sections and provisions
83 classified provisions from this legislation.
Duties 23
- Schedule 7 UK CROSS BORDER MOVEMENT OF HAZARDOUS WASTE the carrier
- s.20 Duty to separate mixed wastes
- s.33 Coding standard Agency from time
- s.34 Consignment codes
- s.36 Standard procedure of regulations 39
- s.37 Schedule of carriers copy
- s.39 Removal of ships' wastes to reception facilities
- s.40 Removal of ships' wastes other than to reception facilities copy
- s.42 Duty of consignee not accepting delivery
- s.43 Further consignment note for rejected consignment copy
- s.45 Duty to deliver consignment promptly carrier
- s.49 Producers', holders' and consignors' records person required
- s.50 Carrier's records
- s.51 Registers and records: common provisions
- s.52 Previous holder's right to information
- s.53 Consignee and self-disposal quarterly returns consignee
- s.56 Inspections of hazardous waste producers Agency
- s.58 Agency to retain registers etc accompanying records sent
- s.60 Provision of information to the Secretary of State
- s.62 General duties on the holder in the event of an emergency or grave danger he
- ... and 3 more duties
Offences and penalties 5
Powers 4
Definitions 12
- s.4 The List of Wastes
- s.6 Hazardous waste
- s.11 Requisite bodies
- s.13 Asbestos waste
- s.14 Separated domestic fractions
- s.18 Meaning of mixing hazardous waste
- s.32 General interpretation of Part 5
- s.35 Completion of consignment notes
- s.47 Records of tipped (discharged) hazardous waste
- s.48 Records of disposal or recovery of hazardous waste by other means
- s.79 Review
- Hazardous waste produced at shop premises Hazardous waste produced at shop premises