So is it still so Special ?

- Dave Dingle, Environmental Controller, Cannon Hygiene Ltd

The Special Waste Regulations 1996 (replacing the 1980 Regulations) are the regulatory mechanism for the monitoring of a range of wastes. Although these have always been referred to in UK legislation as special wastes, they are essentially those that are hazardous. The Regulations already implement an EC Directive on Hazardous Waste. As part of the continuing revision of legislation based on amended Directives, these are to be replaced by Hazardous Waste Regulations. The classification of waste as hazardous and non-hazardous is in line with the forthcoming Landfill Regulations, resulting from the EC Landfill Directive.

Currently these wastes are subject to a rigorous system of tracking through the use of consignment notes. This involves a five part NCR form, with sending of an advance (pre – notification) copy to the Environment Agencies/DOE(NI) 72 hours before movement of the waste (subject to certain exceptions for regular or repetitive loads). This gives details of the waste producer, destination site, amounts, chemical/ biological components and hazards. Sections are completed at each stage of the waste transfer and signed by the producer, carrier and destination site. The producer, carrier and disposal site each retain copies, and one is also forwarded to the Agencies confirming receipt at the disposal site or transfer station. Provisions are made for collection in ‘carriers rounds’ for multiple collections of the same wastes in one journey. A system of payments to the Agencies is based on the allocation of unique codes for each consignment note, which in most cases is £15.40 per number.

The current definition of special waste is partly based on the European definition of hazardous waste, which is by reference to the European Hazardous Waste List and an associated list of hazardous properties. However it also has sections to allow the inclusion of other wastes with certain hazardous properties, and prescription only medicines (POMs) which are not on the European list, but were special waste under the 1980 Regulations.

Following a review of the Regulations by Enviros Aspinwall, on behalf of The Department of The Environment, the Government have issued a consultation paper, with proposals for significant changes. The review involved discussions with the waste industry, producers, the Agencies/DOE(NI) and other stakeholders. The main changes are:

• Changing from special waste to hazardous waste, and aligning the definition more closely with the EC Hazardous Waste Directive.
• Removing the requirement for pre – notification to the Agencies/DOE(NI), although retaining the consignment note system for each load.
• Introduction of a requirement to send proof of receipt at the site to each producer, rather than the Agencies.
• Implementation of an annual producer registration system.
• Limiting consignment only to the producer – currently it can be done by contractors.
• Requirement for quarterly returns to the Agencies of wastes consigned (producers) and wastes received (contractors) .
• New charging scheme, possibly related to the method of disposal

The proposals include provision for contractors to register smaller producers on their behalf, where they are part of collection rounds.

SMDSA broadly welcome the proposals, although we have made a number of comments and suggestions. Those specifically highlighted are:

• the large number of producer receipts for carriers rounds replacing one receipt copy to the Agencies
• the burden of annual registration for/on behalf of producers and quarterly returns, for those who have only two or three collections in a year
• only allowing producers to prepare consignment notes, especially when wastes are collected in carriers rounds
• charging levels, especially if related to disposal options, where wastes are medicines segregated from the domestic waste stream
• the need for a clearer definition of ‘infectious’ (one of the hazardous properties which can make waste special) not very well defined in the Directive, and likely to be referred to in the Regulations
• lack of a threshold below which waste containing small amounts hazardous constituents would not be considered hazardous (as applied to other wastes)
• issues relating to definitions of hazardous wastes, in relation to prescription only medicines, and sharps containing POMs which are not Hazardous Waste in the EC Definition

A further consultation with draft Regulations was promised for later in 2001, but at the time of going to press this has not appeared. Although Directive requires implementation of changes to the European Hazardous Waste List to be brought into effect by 1 January 2002 in Member States own legislation, it appears unlikely that the Regulations will be changed until sometime into 2002.

From the point of clinical waste, the main hazardous wastes are prescription only medicines. In most cases, POMs are already consigned as special wastes, where they have been the subject of separate collection. There are issues regarding sharps with residual amounts of POMs and the Agencies’ policy of not taking action over failure to consign. In practical terms, there is currently little segregation between sharps with residual amounts and those with more significant amounts, and such segregation is both impractical and difficult to enforce. A further issue is the definition of what constitutes ‘infectious’, which was first introduced into the UK as a hazardous property which may make waste special in the 1996 regulations. As indicated above, definition in the EC Directive is poor and this has lead to differing interpretations, and continuing debate. Unfortunately many clinical wastes are labelled as infectious under the CDG legislation, but are not consigned as infectious under the Special Waste Regulations, due to differing application of UK legislation.

In addition to the streamlining of the procedures, and the use of the same definition as the rest of Europe (a number of SMDSA Members have International interests), the clarification of definitions, correct application/enforcement of the Regulations and alignment with other UK legislation would be greatly welcomed. The SMDSA will monitor the progress of these important changes, to assist members to advise customers and implement any changes promptly when new Regulations are brought in.