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Environmental Update (May 2009)

Hazardous waste legislation - changes

The Hazardous Waste (England and Wales) Regulations 2005 were amended on 6th April 2009. The main change included a widening of the scope of the exemption from requirement to be registered as a hazardous waste producer.

Prior to 6th April, all premises in England and Wales (subject to exemption) where hazardous waste was produced or removed should have been notified to the Environment Agency. Exemptions from the need to notify your premises existed for certain premises if they produced less than 200kgs of hazardous waste in any 12 month period and they were one of the prescribed premises including: offices and shops, agricultural premises, schools, prisons, residential and nursing homes, hospitals, dental, veterinary and other medical practices and premises where Waste Electrical and Electronic Equipment (WEEE) is collected. All other premises needed to notify even if they produced less than 200kg of hazardous waste. The responsibility to notify lies with the producer, although this can be done on their behalf.

From 6th April, ALL types of premises that produce hazardous waste are now exempt from registration if no more than 500kg of hazardous waste is produced in a year.

These changes only affect England. The Welsh Assembly Government is consulting on changes to the Hazardous Waste (Wales) Regulations 2005 and the consultation can be found on the Welsh Assembly Government web site. The Environment Agency will apply the new exemption criteria to businesses in Wales pending the outcome of the consultation.