Hazardous waste rules are not identical across the UK. England, Wales, Scotland and Northern Ireland each have their own regulator, and the paperwork used to move hazardous waste differs between them. In Scotland, hazardous waste is known as special waste. This article sets out the main differences, based on guidance from the government and the regulator in each nation. It is written for businesses with sites in more than one part of the UK, or that move waste across borders.
Why hazardous waste rules differ across the UK
Each UK nation has its own regulator for hazardous waste. The government's guidance on hazardous waste covers England only, and directs readers to separate rules for Scotland, Wales and Northern Ireland.
The regulators are:
- England: the Environment Agency
- Wales: Natural Resources Wales (NRW)
- Scotland: the Scottish Environment Protection Agency (SEPA)
- Northern Ireland: the Northern Ireland Environment Agency (NIEA), part of the Department of Agriculture, Environment and Rural Affairs (DAERA)
What stays the same
Some core principles are shared. Waste across the UK is classified using the List of Waste, whose codes are also called EWC (European Waste Catalogue) codes.
The Environment Agency's Technical Guidance WM3 is the main reference for assessing and classifying waste. Its GB version applies to waste produced, managed or regulated in England, Scotland and Wales, while Northern Ireland has its own version. DAERA also points to WM3 as the detailed technical guidance for defining hazardous waste.
In every nation, hazardous waste moves with a consignment note, which creates a record from production to final destination.
England
In England, hazardous waste is regulated by the Environment Agency, under the Hazardous Waste Regulations 2005, as amended. The government's guidance sets out separate duties for producers and holders, carriers and consignees.
Producers and holders must classify the waste, separate and store it safely, use authorised businesses to collect, recycle or dispose of it, fill in their part of the consignment note, and keep records for 3 years. Consignment notes must be used to move hazardous waste and must stay with the waste until it reaches its final destination.
Our guide on whether you need a consignment note covers the English system in more detail.
Wales
In Wales, hazardous waste is regulated by Natural Resources Wales. NRW publishes its own guidance on completing a hazardous waste consignment note, which it describes as an audit trail from when waste is produced until it is disposed of.
One visible difference is the premises code. Registered producers in Wales receive a six-character premises code for use on consignment notes, and there are specific code formats for exempt premises and for fly-tipped waste.
Hazardous waste returns for Wales also go to NRW.
Scotland: special waste
In Scotland, the term used is special waste. SEPA describes special waste as any waste with hazardous properties that could harm human health or the environment. The main legislation is the Special Waste Regulations 1996.
All special waste produced in Scotland must be moved using a Special Waste Consignment Note (SWCN) with a unique code issued by SEPA. This applies wherever in the UK the waste is going, and pre-notification is required in certain circumstances.
The difference in terminology matters in practice. A waste described as hazardous in England is described as special in Scotland, and the paperwork follows the Scottish system when the waste is produced there.
Northern Ireland
In Northern Ireland, hazardous waste is controlled under the Hazardous Waste Regulations (Northern Ireland) 2005, with oversight from the NIEA.
A standard coding system is used, so a consignment note with a unique code must be used for each movement of hazardous waste. Fees apply to cover the cost of supervising these movements, with the amount depending on the type of movement. Full details are on DAERA's page on hazardous waste in Northern Ireland.
Moving waste between nations
When hazardous waste crosses from one nation to another, more than one set of rules can be relevant. SEPA's requirement for a Special Waste Consignment Note, for example, applies to special waste produced in Scotland regardless of where in the UK it is going.
Where a movement involves more than one nation, speak to our team.
Where we fit in
We collect a wide range of hazardous waste from businesses, including through our chemical waste disposal, oil disposal and aerosol can recycling services.
Classification remains the legal responsibility of the waste producer, wherever in the UK the waste is produced.
Speak to our team
To discuss your waste, contact our team on 0845 366 9306 or email enquire@hazardousdisposal.co.uk.
This article is for general information only and does not constitute professional, legal or chemical advice. Waste producers are legally responsible for correctly classifying their waste. For guidance on your specific waste, please contact our team.