The Department for Environment, Food and Rural Affairs (DEFRA) has issued a consultation relating to proposed amendments to the Waste Management Licensing Regulations. The amendment aims to restrict the number of “exemptions” to the current Waste Management Licensing regime, in order to fully implement the EC Hazardous Waste Directive. Exemptions from waste management licensing are set out in Schedule 3 of the Waste Management Licensing Regulations 1994 (as amended). The exemptions under review are principally those which cover hazardous waste, although where these exemptions include non-hazardous wastes they are also addressed.

Article 3(1) of the Hazardous Waste Directive does not allow the provision of an exemption relating to the disposal of hazardous waste, but only for recovery. Disposal and recovery operations are defined in Annexes IIA and IIB of the Directive. The Directive requires detailed rules to be drawn up for exemptions that relate to the recovery of hazardous waste. In common with exemptions relating to the disposal or recovery of non-hazardous waste, any exemptions relating to the recovery of hazardous waste shall be registered with the Environment Agency.

The consultation includes the following proposed amendments.
• Burning waste as fuel – It is proposed to remove the exemption relating to the storage of waste oil and its use as fuel.
• Burning of waste oil as fuel in specified types of engine – It is proposed to remove this exemption entirely.
• Storage of waste in a secure place – Conditions included in the proposed revised exemption for non-hazardous waste remain unchanged, and the proposed revised exemption still covers storage of waste solvents and refrigerants (excluding CFCs as they have to be destroyed under European law). The proposed exemption does not extend to the storage of waste electrical or electronic equipment (WEEE), including fluorescent tubes, as these wastes are proposed to be included in separate exemptions implementing the WEEE Directive.
• Storage of waste in secure containers – The revised exemption includes all the existing wastes (including certain waste oil), except construction waste, tyres, waste mammalian protein and tallow; none of which are subject to separate collection at recycling banks and the like. A new requirement has been added such that oil storage tanks should be sited at least 10 metres from any freshwater or coastal waste or 50 metres from a well or borehole.
• Storage of returned goods that are waste – This exemption would have mostly been used for the return of WEEE, batteries and hypodermic needles (sharps). As exemptions for the storage of WEEE are being proposed in a separate consultation, and batteries and sharps are covered under the previous exemption (Storage of waste in secure containers), it is proposed this exemption be withdrawn.

Many hazardous wastes have a market value if collected in sufficient quantities. The Government’s intention is to have in place a regulatory framework that encourages the existence of sufficient sites to facilitate their collection and storage pending recovery. This review intends to maintain the benefits of existing exemptions in the light of newly hazardous wastes while making the exemptions compliant with European legislation.
Some sites handling hazardous waste will have to apply for a licence due to the changes, but they will be allowed to operate under their existing registered exemptions for up to six months after the regulations come into force. The closing date for consultee responses is 16th December 2005. For more information please visit http://www.defra.gov.uk/corporate/consult/hazwaste/index.htm

Source: www.defra.gov.uk (accessed 12/10/05)

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