Waste (England & Wales) Regulations 2011

Landfill site

New rules on waste management and handling came into force in the UK on 28 September 2011.  The Environmental Protection (Duty of Care) Regulations SI 1991/2839 and Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations SI 1991/1624 have been replaced by the The Waste (E&W) Regulations 2011.  The new regulations stipulate a need for additional information to be provided on Waste Notes.  Waste Transfer Notes should now confirm that the Waste Hierarchy has been applied when considering disposing of the waste.  With this requirement coming into force from 28th Sept 2011, some carriers Waste Transfer Notes templates may not have been updated to allow for this, but confirmation of the application of the hierarchy is still required.  Any season tickets in force may require modification, which would be best checked with the individual carrier(s) to clarify how the changes are being handled until the new season ticket needs issued.

The waste hierarchy sets out, in order of priority, the waste management options to be considered:

  1. Elimination
  2. Reuse
  3. Recycle
  4. Recovery
  5. Disposal

The regulations also require the separate collection of waste paper, metal, plastic and glass from 1 January 2015.  However, as interpreted, co-mingled collections of waste may still be allowed beyond this date.

Hazardous Waste Code changes

A new category, H13 Sensitising, has been added to the defined list of hazardous waste. Sensitising substances cause hypersensitisation – if you inhale the substance or it penetrates your skin, and you are then further exposed to the substance, it will cause adverse effects.  The the old H13 has now become H15 (waste capable by any means after disposal of yielding another substance, eg leachate, which possesses any of the H1 to H14 hazardous properties).

Waste Carrier Licence changes

The new regulations also introduce a two tier system for waste carrier and broker registration, plus the new concept of a waste dealer.

If your organisation deals with other people’s waste, or if you carry your own construction or demolition waste, then you must register as an ‘upper tier’ carrier. You will also need to register as an upper tier carrier if you carry your own.

If you were previously registered as a waste carrier your registration will automatically convert into an upper tier registration when it is due to be renewed. The upper tier registration will last for three years.

If you only deal with waste from mines and quarries, agricultural premises or animal by-products, you need to register as a lower tier carrier. However, in addition, a local authority or charity will also now need to register if they normally or regularly transport other people’s waste.

From December 2013 organisations will need to register as a lower tier carrier if they regularly carry waste produced by their own business.  Guidance on the changes is available from The Environment Agency website.


Posted on September 28, 2011, in Legal Compliance, Regulations, Waste. Bookmark the permalink. Comments Off on Waste (England & Wales) Regulations 2011.

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