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Posted By SBH
We are intending on getting rid of some cleaning products through a registered waste carrier. The snag is he intends to use them in his other cleaning business. We dont have any data sheets and the only info is written on the labels. Some of the substances are 7-8 years old. Is this legal, bearing in mind we are supposed to have waste transfer notes etc. is is a case of once transferred the responsibility rests with the waste company
SB
SB
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Rank: Guest
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Posted By Tony Simmons
Is it waste or is it unused product? If it is waste then you are responsible for ensuring that it is disposed of correctly, it is not enough to rely on a waste transfer note.
If it is waste then it has to go to a facility that has either a waste management licence or an exemption issued by either the EA or SEPA provided that you are in the UK unless you can get the EA/SEPA to agree that it isn't waste.
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Rank: Guest
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Posted By Robert K Lewis
Tony is absolutely right over your legal responsibilites once you have declared this material as waste.
But do not forget that "waste" is defined from the perspective of the producer and not the receiver. If you do not wish to use the material in the form it is currently in and have no perpose for it then it is waste. The European Courts have set extensive case law on the definition and the use of the term unwanted product when transferring to a.n.other party is now difficult to hold if push comes to shove. It is of course easily proved if another part of your own organisation wishes to use it for its original purpose. There are a number of paint re-using schemes around and all of these hold an EA licence in order to comply with the DoC requirements for the producer and carrier. There are also moves in this area for construction materials in West Yorkshire at this moment but it is early days.
Bob
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