Posted By A. Fergusson
Maybe a little bit of an environmental question but it has me puzzled.

We purchase chemicals in various containers from 1000 down to 5 litres. Now our chemical supplier has sset up a plant to take these empty containers, check, clean and re-use them.
They would take returns on their own delivery vehicle but and here is the catch they are not registered to carry hazardous waste.
Is this an acceptable practice?
Is it legal?

Any thoughts

Andrew

Posted By Edward Shyer
In a nutshell,

NO and NO

regards Ted

Posted By Bill Parkinson
They may not be deemed as hazardous waste as they are being recycled. However, they may still be classed as dangerous goods depending on the substances contained as with some there is no threshold limit.

You would need to check against the requirements of the ADR and Dangerous Goods Regs (new ADR regs now out).

So whilst the carrier may not require a waste carriers license they could be required to have their drivers trained etc. It may be prudent to speak to a Dangerous Good Safety Advisor who is qualified to All Classes By Road standard.

Regards

Bill

Posted By danny28
Normally, when we received chemical offshore. The boat have to be dangerous goods certified vessel plus they are equipped with Chemical spill kit onboard to manage the necessary spill.

In your case, the truck that deliver solvent chemical should have minimum requirment like chemical spill kit as a control and contact number of the supplier if spill or accident happen.

Hope it helps.


regards,


Zulhairul

www.onlineearnmakeeasy.com

Posted By Robert K Lewis
Sorry to be a voice in the wilderness but you need to be just a bit careful here. The definition of waste is from the perspective of the producer and these containers are waste from your standpoint as you have no further use for them. If however they remain the property of the supplier and thus are on loan or rental to yourself it is then the supplier who is the person to declare whether or not an item is waste.

In the latter position no carrier licensing is required as the drums are not subject to the legislation concerning hazardous waste by virtue of not being waste. The requirements of ADR will apply.

Sending something for recycling does not materially change the nature of the waste material and thus the regulations will still apply and consignment notes are necessary. Your duty of care is to be able to demonstrate to the EA inspectorate that you have ensured proper disposal of your waste.

Remember that if it is ordinarily described as waste by you then whatever the disposal route, recycle or re-use or landfill etc, then it is subject to the waste regulations both controlled and hazardous.

Bob

Posted By Robert K Lewis
The drums are waste from your perspective as I have said. This is the critical point - your action to use the consigment note will thus prevent the drums being collected by a non-registered carrier.

Please email me if you need further edvice. Please rember that the maximum fine for summary conviction is £50k for environmental breaches as well as the unlimited fines in Crown courts.

Yes it is unfortunate that the legislation seems to work against some schemes for recycling and re-use but remember also that fly-tipping is one of the major concerns that has to be addressed.

Bob

Posted By Heather Collins
Bob is absolutely correct. The point here is whether the containers would be waste at your site if there were no recycling or re-use route. Sending something for recycling does not make it exempt from the waste licensing/waste management provisions, however laudable the aim.

The quote from the HSE website relates to the classification of the goods as dangerous for transport and has nothing to do with whether they are waste or not. HSE don't enforce waste legislation or issue licences to carriers - the Environment Agency does it.

However this is not the big deal it sounds. The company who you are sending the containers back to should have applied to the Agency for an exemption under the Waste Management Licensing regime. If they have not then they (and you) are technically breaking the law. It's not that hard to get an exemption provided they have the right set up and frankly if they do not you should not be sending waste (because that's what it is) to them anyway.

We have this set up with a number of companies who provide new materials and take away old ones - for example wooden pallets. The supplying company has a waste management exemption from the Agency and a carriers' licence.

You might be surprised how many companies you deal with already have carriers' licences. The Agency has an online database where you can look it up to check. It's not at all hard to comply but it is important to get it right for your own protection. You need to think if the driver decided to dump all your containers in a ditch at the side of the road could you honestly say to The Agency that you'd fulfilled your Duty of Care for responsible disposal of waste?

Posted By Robert K Lewis
Heather

Mind you some people may think we are overly pedantic for obeying the letter of the law and thus preventing a cheaper option being operated.

The European courts are still fighting battles over waste definition and have been strict in their interpretations. Once something is within the waste stream it needs significant change to its form or nature to remove it from the stream.

I really cannot see why the supplier does not make these containers as specifically on loan to be returned when empty. It is in their interest after all to recover the containers and re-use them. All these questions will then evaporate.

Bob

Posted By Robert K Lewis
They are specific in reality - All that is necessary is for the supplier to genuinely state that containers are his property and that they should be returned unwashed.

The residues are not for you to declare as waste in such a scenario. The unwashed container is the property of the supplier thus only he can declare any contents as waste.

Just try reading some of the European Court decisions if you think this is difficult!!!:-)

Bob