Environmental Update (May 2009)
Hazardous waste legislation - changes
The Hazardous Waste (England and Wales) Regulations 2005 were
amended on 6th April 2009. The main change included a
widening of the scope of the exemption from requirement to be
registered as a hazardous waste producer.
Prior to 6th April, all premises in England and Wales
(subject to exemption) where hazardous waste was produced or
removed should have been notified to the Environment Agency.
Exemptions from the need to notify your premises existed for
certain premises if they produced less than 200kgs of hazardous
waste in any 12 month period and they were one of the prescribed
premises including: offices and shops, agricultural premises,
schools, prisons, residential and nursing homes, hospitals, dental,
veterinary and other medical practices and premises where Waste
Electrical and Electronic Equipment (WEEE) is collected. All other
premises needed to notify even if they produced less than 200kg of
hazardous waste. The responsibility to notify lies with the
producer, although this can be done on their behalf.
From 6th April, ALL types of premises that
produce hazardous waste are now exempt from registration if no more
than 500kg of hazardous waste is produced in a year.
These changes only affect England. The Welsh Assembly
Government is consulting on changes to the Hazardous Waste (Wales)
Regulations 2005 and the consultation can be found on the Welsh
Assembly Government web site. The Environment Agency will apply the
new exemption criteria to businesses in Wales pending the outcome
of the consultation.
Please read legal information.