In a business context, waste is any surplus material generated from a process that does not form part of the final product. Waste must be disposed of - costing you money and degrading the environment.
 
It's about being efficient. By preventing waste and emissions at source, organisations can maximise output and increase profits. Rubbish and waste can account for over 4% of business turnover. It's important to remember that each pound saved on material costs goes straight to the bottom line.
 
Waste minimisation is about the systematic reduction of all forms of waste and may include energy, water, materials, effort and process and production waste in order to conserve resources. You pay for waste twice - once to buy it in as a product or raw material and once to dispose of it. With landfill tax set to increase to £35 per tonne by 2007, maybe it's the right time to start minimising waste.
 
Materials exchange is one way of minimising the amount of material your organisation disposes of to landfill or incineration. It brings together organisations with complimentary requirements. One organisation's waste is another's raw material. Successful exchanges reduce the amount of potentially useful materials going to landfill.
 
The issue of waste is addressed in various pieces of legislation, which Eastex users should be aware of. Six significant pieces are summarised as below:
1.   
DUTY OF CARE
The Environmental Protection (Duty of Care) Regulations 1991 (SI1991/2839)
 
The Duty of Care applies to business and industry. It is the duty to ensure that waste generated is handled safely and in accordance with the law and it applies to all Controlled Waste - the waste materials produced as part of a business activity or within the workplace. The Duty of Care does not in any way alter the need to comply with other waste regulations.
 
Businesses are responsible for ensuring the safe and proper disposal or recovery of their waste, even after they have passed it on to another party such as a waste contractor, scrap metal merchant, recycler, local council or skip hire company. This responsibility has no time limit, and extends until the waste has either been finally and properly disposed of or fully recovered.
 
Please click here for more comprehensive information about these regulations.
2.   
CONTROLLED WASTE
The Controlled Waste Regulations 1992 (SI 1992 No. 588)
 
Commercial, industrial, household wastes and Special Wastes are classified and treated as Controlled Waste. Controlled Waste must stored properly, collected by a registered waste carrier and disposed of at an authorised disposal facility, in line with the producer’s Duty of Care.
 
Please click here for the particulars of this piece of legislation.
3.  

SPECIAL WASTE
The Special Waste Regulations 1996 (SI1996/972), as amended by SI1996/2019 and SI1997/251
 
Special Waste is waste that is potentially hazardous or dangerous, which may require extra precautions during handling, storage, treatment or disposal. Most businesses are likely to produce some Special Wastes, for example: asbestos; lead-acid batteries; used engine oils and oil filters; oily sludges; solvent-based paint and ink; solvents; chemical wastes; pesticides etc.
 
Controlled Waste is deemed Special if it is listed with a six digit code in Part 1 of Schedule 2 of the Special Waste Regulations and contains substances at or above a certain level. Information provided on the Material Safety Data Sheet (MSDS) that accompanies a material or chemical will also help determine if a particular waste is Special. Special Wastes are tracked by the Environment Agency through a consignment note system. This means that they must be informed before it is transported.
 
Please click here for more comprehensive information about these regulations.
4.  
REGISTRATION OF CARRIERS
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 (SI1991/1624), and Amendment (SI1998/605)
 
A Waste Carrier is someone whose business or part of their business involves the transportation of waste. They must register with the Environment Agency and undertake various other duties. Generally, companies are exempt if they are a waste producer carrying their own waste.
 
A notable exception to this is building or demolition waste. If a company transports its own building or demolition waste, it must register as a Waste Carrier with the Environment Agency. Construction companies should note that unused raw materials, which were new when purchased and can be used later in their original form, are not waste. General demolition materials, scrap and hardcore amongst other unwanted items are, however, waste and subject to these regulations.
 
Please click here for more comprehensive information about these regulations.
5.   
WASTE MANAGEMENT LICENSING
The Waste Management Licensing Regulations 1994 (SI1994/1056) (as amended)
 
This piece of legislation is unlikely to apply to organisations that only store waste which they produce and regularly remove it from their site.
 
It applies to companies that deposit, keep (store waste that they did not produce), treat (including recycling and using mobile plant) or dispose of Controlled Waste in or on any land or by means of a mobile plant, or if they knowingly permit any of these activities. These require a Waste Management Licence or an official exemption, depending upon the duration of storage, types and quantities of wastes being handled and the activity carried out on the site.
 
Please click here for more comprehensive information about these regulations.
6. 
PACKAGING REGULATIONS
The Producer Responsibility Obligation (Packaging Waste) Regulations 1997 (as amended)
 
Companies (or groups of companies) with a turnover exceeding £2 million and handling more than 50 tonnes of packaging per year are obliged to recover and recycle a proportion of the packaging waste materials that they supply with their products. Obligated companies must register with the Environment Agency and then demonstrate the achievement of their recovery and recycling targets or join an approved compliance scheme.
 
Broadly, this affects companies involved in the manufacture of raw materials used to produce packaging materials, conversion of packaging materials to packaging, the filling of packaging with product or the selling of packaged product to an end user. It also applies to companies that import packaging or packaged goods.
 
Please click here for more comprehensive information about these regulations.
This page contains simplified guidance based upon complex and changing legislation and does not constitute legal advice. The proprietors of Eastex cannot be held liable for errors and omissions; compliance with the law remains the user's responsibility. If you have concerns over compliance, you must seek professional advice, or contact the Environment Agency or local authority. For general information, we recommend the NetRegs website, which comprises a wealth of official information about environmental duties and obligations for businesses. Please click here to visit the NetRegs site.