The Control of Pollution (Oil Storage)(England) Regulations 2001
What are the regulations?
These regulations transpose the revised Waste Framework Directive (WFD) (2008/98/EC) into law and make some changes to the way we manage waste in England and Wales. They came into force on 29 March 2011.
The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 also came into effect at this time and are supplemental to the Waste (England and Wales) Regulations 2011. They were necessary to make a number of changes to Welsh legislation. They mirror the hazardous waste provisions, so as to apply the same provisions in Welsh legislation, and make a number of other minor consequential amendments.
There are separate regulations in Scotland and in Northern Ireland.
I have heard of the new waste regulations. What are the main changes?
The aim of the revised WFD is to promote waste prevention, increase recycling and ensure better use of resources, whilst protecting human health and the environment. The waste hierarchy is placed at the heart of waste management. You should therefore look at your waste in light of these aims.
There will be some changes in the regulation of hazardous wastes. If you produce or manage hazardous waste, check that you are familiar with changes to hazardous waste controls, especially relating to consignment notes. Both the multiple consignment procedures and the standard consignment note procedures have been simplified.
The changes include:
- Placing greater emphasis on the waste hierarchy to encourage more waste prevention, re-use and recycling. The hierarchy will have to be applied by businesses transferring waste and by environmental permit holders whose operations generate waste. The waste producer has the most important role in this.
- Excluding from waste controls some types of waste, notably animal by-products, as these are controlled now by other legislation. This will mean a few changes in permits for managing such wastes and some sites will now be exempt from needing a waste permit.
- Some amendment to obligations under duty of care to take account of the waste hierarchy, such as a declaration on transfer notes and hazardous waste consignment notes.
- Introducing a two-tier carrier and broker registration system, including an obligation on waste producers carrying their own (non- construction/demolition) waste to register by end of 2013, and a new concept of 'dealer'.
- Minor amendments to the assessment of hazardous waste and to the consignment note procedures and record keeping requirements.
- Bringing certain categories of radioactive waste under waste control.
What must I do differently?
For most businesses, the impact of the changes will be small: