Guidance on Applying the Waste Hierarchy to Hazardous Waste

The Department for Environment, Food and Rural Affairs (Defra) has published this guidance to help make decisions about the management of hazardous waste in terms of the waste hierarchy.

It will be useful for persons who in relation to hazardous waste:

• produce
• hold, carry, keep, treat or import
• deal or broker
• transfer.

Background

The Waste (England and Wales) Regulations 2011 and The Waste (Miscellaneous Provisions) Wales Regulations 2011 implement the revised Waste Framework Directive. One of the important elements of the legislation is the requirement to apply the ‘waste hierarchy’ as a priority order in the prevention and management of waste.

Duty

Producers or handlers of waste must take all reasonable measures to prevent waste, and to apply the hierarchy as a priority order when waste is transferred to another person. This duty will also apply to those who operate under waste exemptions from the environmental permitting regime. A declaration needs to be included on hazardous waste consignment notes confirming compliance with this duty.

The Waste Hierarchy

Regulation 12 of the Waste Regulations sets out the requirements of the waste hierarchy. An establishment or undertaking must take all such measures available to it as are reasonable in the circumstances to apply the following waste hierarchy:

1. prevention
2. preparing for re-use
3. recycling
4. other recovery (for example energy recovery)
5. disposal.

The guidance provides useful ‘decision trees’/flow charts and information to implement the waste hierarchy including:

• prevention
• identification of the waste
• segregation
• whether the waste is hazardous
• departure from the waste hierarchy
• deciding on the waste management option.

Review

Defra and the Welsh Government will seek to review the guidance annually.