Dealing with trade waste

This section discusses how local authorities can deal with enquiries from local businesses as to how to dispose of hazardous waste materials. Few local authorities accept hazardous trade waste at HWRCs and it is only recommended if there is sufficient space and facilities to ensure that there is no impact upon the service provided to householders.

Where a local authority has a large site which acts as a transfer station, as well as serving HWRC functions, then they may wish to consider accepting hazardous materials from SMEs. This section outlines the advantages and disadvantages of establishing such collections, and provides guidelines as to the advice to give businesses for alternative means of disposal. The sections on best practice and case studies may provide additional detail on particular options.
The Hazardous Waste (England and Wales) Regulations (2005) will affect most premises at which hazardous wastes are produced. Most SMEs, civic buildings and other similar premises will now have to engage and comply with these regulations.

Where hazardous waste is to be produced or removed from any commercial premises in England and Wales, the premises must notify (register with) the Environment Agency. Certain types of premises are exempt from the requirement to notify the Environment Agency if they produce less than 200kg of hazardous waste in a 12-month period. If over 200kg of hazardous waste is produced in a 12-month period, the premises must notify the Environment Agency. Guidance on notification, including the on-line notification facility, can be found on the Environment Agency's hazardous waste pages. In Northern Ireland and Scotland, there is no need to register, but pre-notification of hazardous waste movements are still required.

A consignment note must be completed to accompany hazardous waste when it is moved from any premises, including premises that are exempt from registration as discussed above. Further information on consignment notes is available on the Environment Agency website.

Moreover, the Hazardous Waste (England and Wales) Regulations 2005 apply to a number of new categories of waste that were not defined as Special Waste under the previous regulations. Under these Regulations movement of all hazardous waste from a business requires a hazardous waste consignment note and fee payable to the Environment Agency, irrespective of the need to register as a hazardous waste producer.  These “changed status” wastes include materials that are likely to be produced by many small businesses (e.g. fridges and freezers, televisions and computer monitors containing cathode ray tubes and fluorescent lighting tubes) either on a regular or infrequent basis. Ultimately, this means that there will be an increase in the amount of hazardous waste being produced by businesses. Many businesses will look to local authorities to provide a solution and/or disposal route for hazardous waste, potentially via HWRCs.
Local authorities may wish to consider accepting hazardous waste from SMEs at larger sites which might act as transfer stations. The following table outlines the main advantages and disadvantages of taking this approach.

Advantages

  • Ability for SMEs to easily dispose of hazardous waste
  • Chargeable system can be enforced
  • SMEs would have to be registered with the Environment Agency to be able to bring hazardous waste to a HWRC
  • Discourages SMEs from disposing of hazardous waste through the residual waste stream
  • Reduce incidents of fly-tipping of hazardous wastes
  • Producing improved value for money to local tax payers
  • Less risk to operatives and reduce environmental impact on the waste stream
  • Generate revenue to manage SME waste in future.
  • Use improved services as an opportunity to educate businesses on their duty of care for waste disposal.

Disadvantages

  • Potential volume of unknown hazardous waste from traders
  • Capacity to store and manage unknown quantities of hazardous waste
  • Charges would have to vary depending on waste type and quantity. Site operatives may have to make complex judgements on the charges applied
  • Unidentifiable and extremely hazardous wastes may be brought to the site, where the true cost of disposal is unknown
  • Large amounts of cash may be handled on site
  • Increased paperwork for site operatives and accounts for waste management companies to process
  • May lead to increased trade waste abuse at HWRCs

An alternative approach would be to offer a hazardous waste collection service for SMEs in a local authority area. These services are often known as “toxic taxi” services. Brief details of toxic taxi services offered by the City of London Corporation can be found here.
For those local authorities that do not intend to provide a trade hazardous waste service through HWRCs, toxic taxis or contracts, good practice would point towards providing commercial enterprises with sound information on how to comply with the regulations. This may include involving community organisations or social enterprises where items can be reused or have value.
There are a number of sources of guidance that could be highlighted to the business community regarding general waste management issues and compliance with the Hazardous Waste (England and Wales) Regulations 2005. For free advice including waste minimisation, waste management and hazardous waste, contact Envirowise. In particular, it should be made clear that businesses have a duty of care.
However, if a business contacts a local authority for advice, the following information could be used as a guide:
First, enquire whether the business is exempt from the requirement to notify the Environment Agency. If the premises are listed below and produce less than 200kg in a 12 month period, they are fully exempt from notification.


Premises that can be exempt from notification include:
  • Office premises
  • Shop premises
  • Premises used for agriculture; Premises listed in section 75(5) of the Environmental Protection Act 1990 (e.g. caravans, residential and nursing homes, universities, schools and other educational establishments, hospitals)
  • Veterinary surgeries
  • Premises listed in Schedule 1 of the Controlled Waste Regulations 1992 (eg premises used by charities, campsites, prisons and other penal institutions and halls/other premises used for public meetings)
  • Dental surgeries
  • Doctors’ surgeries
  • Health clinics
  • Ships

If the premises are listed above and produce more than 200kg of hazardous waste in a 12-month period, then they are not exempt and should be registered with the Environment Agency: 200kg equates to approximately 10 small TVs, 14 lead-acid batteries, 500 fluorescent tubes or 5 small domestic fridges. Premises notification information can be found here.

Many local authorities provide a huge amount to support local businesses on environmental issues, from provision of recycling services, improving the local high street environment to demonstrating how businesses can reduce costs by using energy and water more efficiently.

Further information on these issues can be found at the Environmental Advisory Service.

Details of projects funded through the BREW Centre for Local Authorities can be found here.

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