Summary

In April the long awaited Hazardous Waste (England and Wales) Regulations 2005 and The List of Wastes (England) Regulations 2005 were published, having been laid before Parliament in late March to be implemented ahead of the General Election. The equivalent Regulations for Wales have been delayed but, according to DEFRA, will be identical to those in England, with the systems for both England and Wales hopefully running seamlessly.

The new Regulations introduce to England and Wales what is largely a completely new management regime for hazardous waste implementing the requirements of the EC Hazardous Waste Directive, 91/689/EC.  Whilst, for years, we have had references to hazardous waste in associated legislation, finally we have a complete system within the UK with hazardous waste defined in our own domestic legislation.  

Following consultation by the Department of the Environment, Food and Rural Affairs (DEFRA) and the Welsh Assembly and responses from the many interested parties including SMDSA, the Regulations introduce further relaxation of the legislative requirements in addition to those originally proposed.  These will potentially benefit smaller waste producers such as dental practices, GP’s, and veterinary practices.  However they also bring new hazardous wastes, systems and procedures which will result in those receiving hazardous waste for storage or disposal having additional responsibilities and likelihood of increased costs.  The revised charging mechanisms also increase the costs of consignment of hazardous wastes, particularly for those collected on Carriers Rounds, as much of the waste in the healthcare sector is.  Implementation of the Regulations will take place in two stages over the three months between 16 April and 16 July 2005.