What do the hazardous waste regulations require of waste producers? According to GOV.UK, every business has a duty of care for the waste it produces. Producers and holders of hazardous waste in England also have extra duties: classifying the waste, storing it safely, using authorised businesses, completing consignment notes and keeping records for three years.

This article summarises those duties as set out in official guidance, with a focus on healthcare waste such as sharps, clinical and pharmaceutical waste. It is written for organisations that produce this waste, including hospitals, GP practices, pharmacies and clinics.

The article describes the position in England. Different rules apply in Scotland (Scottish Environment Protection Agency, SEPA), Wales (Natural Resources Wales) and Northern Ireland (Northern Ireland Environment Agency, NIEA). In Scotland, hazardous waste is called "special waste".

What is hazardous waste?

Hazardous waste is waste that is harmful to humans or the environment, or contains materials or substances that are. For healthcare waste, the Environment Agency's classification guidance states that:

  • infectious clinical waste in the orange and yellow bagged streams is hazardous
  • sharps waste is hazardous, with the classification depending on medicine contamination
  • cytotoxic and cytostatic medicines are hazardous
  • other medicines and healthcare offensive waste are non-hazardous

Non-hazardous waste is still covered by the general duty of care.

The waste duty of care

GOV.UK's overview of managing business waste sets out the responsibilities that apply to all businesses. Under that guidance, businesses must:

  • keep waste to a minimum by doing everything they reasonably can to prevent, reuse, recycle or recover waste, in that order
  • sort and store waste safely and securely
  • complete a waste transfer note for each load of waste that leaves their premises
  • check that their waste carrier is registered to dispose of waste
  • not allow the carrier to dispose of their waste illegally, and report them to Crimestoppers if they do

The same page states that businesses producing hazardous waste have extra responsibilities.

Hazardous waste regulations: duties for producers and holders

According to GOV.UK's guidance for producers and holders, anyone who produces or stores hazardous waste in England must:

  • classify the waste to check whether it is hazardous
  • separate and store hazardous waste safely
  • use authorised businesses to collect, recycle or dispose of it, and check that waste carriers are registered and waste sites have environmental permits
  • fill in the parts of the consignment note that apply to them, keeping one copy and giving two copies to the carrier
  • keep records, known as a register, for three years at the premises that produced or stored the waste

Who is responsible for classification?

Classification is the waste producer's legal duty. The Environment Agency's Technical Guidance WM3 is the main reference for assessing waste and assigning List of Waste codes, also known as European Waste Catalogue (EWC) codes.

A waste carrier or collection service can ask for information to help confirm a suitable route, but the legal responsibility for classification stays with the producer. Where the classification of a particular waste is unclear, our team can talk through the information needed.

Waste transfer notes and consignment notes

Under GOV.UK guidance, non-hazardous waste moves under a waste transfer note, and hazardous waste moves under a consignment note. The producer, the carrier and the receiving site each complete their own parts of a consignment note.

Different paperwork and terminology apply in Scotland, Wales and Northern Ireland. The relevant regulator for each nation sets out its own requirements.

Sources

Speak to our team

We arrange UK-wide collections for sharps bins, unused sharps and medical stock and pharmaceutical waste, through a network of licensed facilities. The paperwork for each collection is confirmed as part of the arrangements. Contact our team to arrange a collection or discuss your sharps and medical waste. Acceptance is subject to the licensed disposal site and regulatory requirements.

This article is for general information only and does not constitute professional, legal or hazardous waste advice. Waste producers are legally responsible for correctly classifying their waste. For guidance on your specific waste, please contact our team.