On 15 April 2014 the Environment Agency (EA) published an updated version of its regulatory position statement setting out premises that are now exempt from registration under the Hazardous Waste (England and Wales) Regulations 2005 ("the Regulations").

Background

In 2009, the Regulations were amended so that all premises where hazardous waste was produced, collected or removed had to be registered with the EA. When waste was collected from premises and taken to another location a consignment note was required.

The updated regulatory position statement

  • The updated version of the regulatory position statement published earlier this year allows certain places to be exempt from registration
  • The EA will not pursue a consignment note for the removal of hazardous waste from these exempt locations
  • Similarly, the EA will not pursue a consignee return (other than for self-disposal) from the "collection point" to which this hazardous waste is first taken (instead the EA will treat this place as the place of production for the purposes of the Regulations)
  • All other aspects of the Regulations continue to apply
  • The regulatory position statement applies in England only and will be reviewed again in February 2016

Which premises are exempt?

The types of premises exempt from registration include highways and railways, rivers, forests, utility infrastructures and mobile healthcare providers (including ambulances).

The regulatory position statement only applies to specific circumstances. For example in relation to highways where simple, routine, minor maintenance is being carried out (such as filling of isolated potholes) the statement applies. However, it does not apply to planned construction and demolition activities and works that cannot be completed very quickly (and cannot therefore properly be described as simple).

The statement applies to places where maintenance or pollution control activities are carried out along rivers, canals, remote and unoccupied marine environments and other waterways but activities at controlled areas such as docks, marinas and ports or where any waste is collected by or removed by a ship are not exempt.

Enforcement

By not pursuing these specific aspects of the Regulations, the EA will not normally take enforcement action unless the activity has caused, or is likely to cause pollution or harm to health.

What should businesses dealing with hazardous waste do?

Businesses should familiarise themselves with the updated regulatory position statement.

The regulatory position applies only to the very specific circumstances listed in the Table and may not be applied to other situations.

Businesses should therefore ensure that they understand which activities are exempt and those to which the position statement does not apply in order to ensure that they continue to comply with the Regulations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.