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Posted By Mir-cat
Can someone help solve a debate here please?
A recent training course covered the requirements of waste. It led to a discussion of whether someone who had removed items as part of their work (small amounts - non hazardous) and take them back to their company, would need to be defined as a waste carrier. They take the waste back to their base where it is collected together (and separated into type) and a waste carrier hired to remove it.
There is the potential on rare occasions to include some old style smoke detectors which may contain radiation but these would be dealt with as hazardous waste and treated accordingly.
Over to you!
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Posted By Dave Wilson There are no thresholds on minimum amounts carried, I believe. If you are carrying waste on the highway you need a waste carriers permit. It costs £95 from EA and lasts for 3 years and you can download the application form and info on waste carriers from http://www.environment-a...75883/?version=1&lang=_e
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Posted By Mir-cat
Thanks for that but does that mean that all those self-employed plumbers, electricians etc should be registered as waste carriers? Where does it end?
I have to also add that where possible (and non-hazardous) we use the site disposal area.
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Posted By Robert K Lewis
The carrier issue is actually the least of the issues involved here.
My understanding is that providing you remove waste as an employee and carry it back to your employer in a vehicle owned by the employer and the employer is licenced to receive waste other than that produced on the premises then the carrier requirements are not enforced. Most organisations in your position however register themselves as waste carriers to avoid the question altogether. The argument is that there has been no transfer of control of the waste from the point of production to the point of disposal.
Please bear in mind that the disposal facility still will need a licence as a temporary waste tranfer facility whether or not there is a registered carrier.
Bob
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Posted By David S Burt
Robert
I am sorry to say that your interpretation is incorrect. The law is very simple on this matter-if anyone other than a private householder moves any waste for profit or not, regardless of the quantity, they must be in possession of a valid Waste Carriage Authorisation Certificate.
Failure to have such a certificate is a criminal offence and could result in seizure of the vehicle or just a fine of up to 50K in the Magistrates Court or an unlimited fine if it goes to the Crown Court.
The EA currently take a relaxed view on this but I understand that this is going to change in the near future.
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Posted By Robert K Lewis David if you look at the CIWM link you will see that I may be correct http://www.ciwm.co.uk/pma/1576It is a minefield though and my general advice has always been to register regardless. The statement by Mir-cat suggests the organisation is carrying waste produced by themselves to their own premises and thus the exemption should apply. Bob
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Posted By Merv Newman
So, the Polish plumber ripping out your old lead pipes to replace them with copper is likely to a £50 K fine ?
My word, said the duchess.
Merv
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Posted By David S Burt
Robert
No desire to get into a war of words but I would suggest that you contact the Environment Agency directly as they are the people who enforce the law. Alternatively review D.O.E circular 11/94 as this is the document that deals with the minefield relating to waste management in it totality.
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Posted By Mir-cat
Thanks to all for your input. Think I have the requirements now.
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Posted By Robert K Lewis
David
It says the same on the EA web site. If you are the producer carrying your own waste there is an exemption from the registration requirements. The philosophy behind it is that as long as the producer remains in control there is no transfer of control and will not be until the material is removed from vehicle.
However the receiving point, as I say has to be properly licensed to receive waste from elsewhere. May advice is almost always that for £120 in first year it is worthwhile registering in any case.
Bob
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Posted By Dave Wilson
And in this scenario you could be operating a Waste Transfer Station for which you would need a licence and planning approval and over 200kg (if Haz Waste) in any one year then premises code required.
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Posted By Robert K Lewis
Does anybody know what happened to the consultation that began last year on this? - It seems to have sunk with little trace.
Part of the issue was that the EU directive talked in terms of all persons carrying waste being registered, which is the point David was making. It seems the UK is not compliant and the guidance and information of DoE 11/94 is thus not accurate and compliant.
Bob
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Posted By Adrian Watson
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 (No. 1624) states that:
(2)(1) The following persons shall not be required for the purposes of section 1 of the 1989 Act to be registered carriers of controlled waste— ...
(b) the producer of the controlled waste in question except where it is building or demolition waste.
(2)(2) In this regulation—
“building or demolition waste” means waste arising from works of construction or demolition, including waste arising from work preparatory thereto.
Therefore based on your original question "Does someone who removes items as part of their work (small amounts - non hazardous) and take them back to their company, need to be defined as a waste carrier?" No the person does not need to be registered as a waste carrier.
Regards Adrian
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Posted By DavidW
If the waste is produced by your company and transported in company vehicles you do not need to be registered as a Waste Carrier as several have said above. You will also not need to be permited as a transfer station if again it is all company waste just being brought together for collection. Registering as a waste carrier is easy if you wish to do it just to cover your drivers and may be prudent to do if you are contracted to other companies to carry out work for them and you take the old material away. However, even in this scenario you will not be classified as a Waste Transfer Station and I would suggest you don't want to be as it will put considerable obligations on your company that are probably not required. You still have to comply with Sec33 and 34 of Part 2 of the Environmental Protection Act 1990 regarding the keeping of waste securley and ensuring it passes only to an authorised person but as mentioned by a few people the waste is not being transferred from one company to another. You will need to registered as a producer of hazardous waste if you produce any hazardous waste unless you are on the list of those organisations who do need to register unless they produce more than 200kg. But remember , in order to be exempt you need to be on the list and produce less than 200kg of hazardous waste in 12 months not either.
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Posted By David S Burt
Just for Clarification the following is a direct take from the Environment Agency's Web Site:
Waste Carrier Exemptions:
For certain activities you may not need to register as a carrier. In England, Northern Ireland and Wales, you may not need to be a registered carrier if you are a certain type of organisation or if you carry certain types of waste.
Exempt Organisations:
1. Ferry operators transporting waste-carrying vehicles.
2. Operators of vessels, aircraft, hovercraft, marine structures, floating containers or vehicles that are used to dispose of waste at sea.
3. Charity or voluntary organisations.
4. Government departments or councils.
Exempt waste types:
1. Waste producers carrying only their own waste, except building or demolition waste.
2. Persons transporting waste which comprises only animal by-products.
3. Persons transporting only mines and quarries waste or only agricultural waste.
You are only exempt from registration if these are the only types of waste you are transporting.
If you mix these types of waste with other waste, you will need to be a registered carrier.
If you are an exempt carrier but you collect or transport waste as a business you must register with your environmental regulator as a professional transporter.
In Scotland see the SEPA guidance to find out if you need to register as a waste carrier.
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