1. Hazardous waste: What’s so ‘Special’?
Mark Heggie
Waste Policy Unit

2. Introduction Regulatory framework
What is it, how is it regulated and what are our duties/responsibilities
Consigning Special Waste
Differences within the UK
Who wants to be a SWillionaire
Q & A. 6

3. Regulatory Framework
Hazardous Waste Directive (Council Directive91/689/EC)
Environmental Protection Act 1990
The Special Waste Regulations 1996 (as amended)
European Waste Catalogue/Hazardous Waste List
WM2 - Interpretation of the definition and classification of hazardous waste.

4. Hazardous Waste Directive (HWD)
Framework for member states to control the movement of hazardous waste
Provides a precise and uniform (European wide) definition of hazardous waste
Ensures correct management and regulation of hazardous waste
1994 – European Waste Catalogue
1994 – Hazardous Waste List.
The Hazardous waste directive sets out the framework which allows member states to control the movement of hazardous wastes.
There are two main aims of the directive:
to provide a precise and uniform European-wide definition of hazardous waste and to ensure the correct management and regulation of such waste.
The directive defines hazardous waste as any wastes featuring on a list, drawn up by the EC, because they possess one or more of the hazardous properties set out in the HWD, this is more commonly known as the Hazardous Waste List.
In 1994, a comprehensive list of all wastes, hazardous or otherwise, or to give it it’s proper name, the European Waste Catalogue was produced in accordance to the Waste Framework Directive.
The EC then identified which of the wastes on EWC 1994 were deemed to be hazardous, based on the properties set out in the HWD and produced the aforementioned Hazardous Waste List (HWL).
The EWC 1994 and HWL have been updated, combined and significantly extended. This resulted in a revised European Waste Catalogue which was implemented in Therefore, this new list defines hazardous waste as required by the HWD.

5. Environmental Protection Act 1990
A key piece of UK environmental legislation
Provides the main statutory framework in relation to waste, including:
criminal offences in relation to waste
the waste management licensing system
a duty of care in relation to waste
Controls many aspects of how the environment is protected and regulated
SWR introduced under s62.
The Environmental Protection Act (EPA) 1990 is one of the single most important pieces of environmental legislation of recent times.
The 1990 act provides the main statutory framework in relation to waste, and amongst other things it:
establishes the criminal offences in relation to waste
sets down the waste management licensing system
establishes the statutory duty of care in relation to waste
It controls many aspects of how the environment is protected and regulated in our daily lives, a further example of this was the special waste regulations which were brought in to meet the requirements of the Hazardous Waste directive were formed under Section 62 of the Environment Protection Act.

6. Special Waste Regulation 1996 (as amended)
Formed under s62 of the EPA 1990
Introduced to transpose the HWD
Revoked and the replaced the Control of Pollution (special waste) Regulations 1980
The Special Waste Amendment (Scotland) Regulations 2004
Different regime south of the border.
The Special Waste regulations 1996 were primarily introduced to transpose the requirements of the hazardous waste directive into British Law and in doing so, they revoked and the replaced the Control of Pollution (special waste) Regulations
However, they didn’t transpose all of the Directive’s requirements fully nor did they take into account possible amendments to and expansions of the European Waste Catalogue and the list of hazardous wastes.
Elsewhere in the UK these changes were implemented by the introduction of the Hazardous Waste (England and Wales) Regulations 2005, amongst others, but in Scotland they were implemented by the Special Waste Amendment (Scotland) Regulations 2004 which came into force in April and July of that year.
As a result of these changes, the special waste regime in Scotland is different from our English and Welsh counterparts.

7. European Waste Catalogue/Hazardous Waste List
1994 –the European Waste Catalogue (EWC), a comprehensive list of all wastes, hazardous or otherwise
1994 – the Hazardous Waste List (HWL)
2002 – EWC and HWL updated and combined
Revised EWC intended to be a catalogue of all wastes, grouped according to generic industry, process or waste type
Wastes listed with an asterisk are hazardous
A comprehensive list of all wastes or European Waste catalogue was produced in 1994, in accordance with the waste framework directive.
In the same year, the Hazardous waste list was also produced, the HWL identified which of the wastes listed in the EWC were hazardous based on the properties set out in Annex III of the Hazardous Waste Directive. Annex III contains a list of 14 hazardous properties, H1 to H14, such as H9 infectious and H14 ecotoxic
In 2002 the EWC and HWL were updated and combined, resulting in a revised European Waste Catalogue.
The EWC 2002 is intended to be a catalogue of all wastes, and groups them according to generic industry, process or waste type.
If a waste is listed with an asterisk it is hazardous.

8. WM2 - Interpretation of the definition and classification of hazardous waste
Joint agency technical guidance document
Guides you through the classification process and enables you to assign an EWC
Absolute Entry – always hazardous
Mirror Entry – assessment will be required and if it contains dangerous substances above thresholds it will be hazardous
Non-hazardous entry – if part of mirror entry it may be hazardous and an assessment is required. If it is not listed with an asterisk it is not hazardous.
WM2 or the ‘Interpretation of the definition and classification of hazardous waste’ is a joint agencies technical guidance document which guides you through the classification process.
It starts of off with the Consolidated European Waste Catalogue (EWC), enabling you to assign an EWC to your waste. This will help you determine whether the waste is hazardous or not and tell you whether or not you need to carry out an assessment of the waste.
There are three types of entry in the EWC:
An absolute entry, which is always hazardous
A mirror entry, this may or may not be hazardous and it will necessary to assess the waste to determine whether it exhibits any of hazardous properties H1 to H14
And finally, a non-hazardous entry, where the non-hazardous entry forms part of a “mirror entry” assessment is required to determine whether it is hazardous or non-hazardous. However, where it is not listed in the EWC 2002 with an asterisk, then it is not hazardous.

9. What is Special waste?
Special Waste is the Scottish term for Hazardous Waste
Hazardous Waste used in other EC member states including E & W.
Hazardous wastes contain ‘dangerous substances’ in amounts that pose a risk to human health and/or environment.
That is the regulatory framework but what is Special Waste?
Well, put simply it is the Scottish term for hazardous waste.
If you go elsewhere in the UK or the EC it will be classified as hazardous, the only difference is the name. It is still classified and assessed the same way. If it’s hazardous waste elsewhere, it’s special waste in Scotland.
A hazardous waste will contain ‘dangerous substances’ in amounts that pose a risk to human health or the environment. For example if a waste contains substances exhibiting the H14, ecotoxic, category above the threshold value of 0.25% then it will be considered to be hazardous and will have to be consigned as special waste. We will touch on the assessment process later on.

10. Examples of Special Waste
Behind me are some examples of special waste.
First we have something which I’m sure you are all familiar with asbestos
Next we have some fluorescent tubes
Followed by some lead acid batteries, the movement of which is subject to it’s own paperwork, the SB note, we’ll look at the consignment note and how to consign waste later on,
Finally, we have the solvent ‘methylene chloride’.

11. Duties and Requirements
Every movement must be accompanied by a special waste consignment note (SWCN)
All notes must bear a unique purchased from SEPA
Enhanced duty of care provides a ‘Cradle to grave’ approach
You must keep a copy of the special waste consignment note for three years
Producers must also keep a register of their special waste consignment notes
Disposers/consignees (WML/PPC Permit holders) must retain records until surrender of WML/Permit accepted.
As a producer of special waste you have a number of duties or requirements that you have to meet in respects to special waste.
Special Waste is still a ‘controlled waste’ and you, as a producer, have a ‘duty of care’ to ensure it’s safe handling and disposal throughout the waste chain and all intermediaries until final disposal.
Every movement of special waste must be accompanied by paperwork referred to as a ‘Consignment Note’. A consignment note consists of five different coloured (self carbonising) pages each with five sections labelled A–E. Each section refers to a different aspect of the waste transfer and must be filled out by the appropriate person.
All consignment notes must bear a unique code, purchased from SEPA, consisting of two letters (prefixes) which will be either SA, SB or SC, and a series of numbers. You can produce your own consignment note but it must have a SEPA issue SA, SB or SC code.
The special waste consignment note provides and enhanced ‘duty of care’ or if you like, a cradle to grave approach to the movement of waste.
Like the waste transfer note, you must keep a copy of the special waste consignment note for three years and as a producer you must also keep a register of SWCNs.
Disposers/consignees (WML/PPC Permit holders) must retain records until surrender of WML/Permit accepted.

12. Duties and Requirements (2)
SEPA has to:
enforce the legislation (SWR 1996, EPA 1990, WMLR 1994 etc.)
identify producers and inspect the consignment notes and registers
report on:
arisings
movements
disposals
SEPA has a number of duties and responsibilities in respect to special waste.
As Scotland environmental regulator SEPA has to enforce various legislation such as the special waste regulations, environmental protection act and the waste management licensing regulations.
SEPA not only has to identify who is producing special waste but they also have to inspect producers focusing mainly on consignment notes and registers.
SEPA also has a number of Data reporting duties. Data on Special Waste arisings, movements and disposal, are included in their annual ‘waste data digest’ report. In addition to our internal reporting duties we also have to provide the European Commission with similar data.

13. Mixing/Separation
Mixing Hazardous wastes/Non-hazardous wastes requires a permit
Must separate where technically or economically feasible
Landfill Regs also address need to segregate and separate
Duty of Care on waste holders
Ensure proper storage, effective collection, recovery and disposal
Contract requirements and waste license compliance.
There are a number of other requirements which you should be aware of.
If you dispose of, recover, collect or transport special waste you should not mix different categories of hazardous waste or mix hazardous waste with non-hazardous waste, unless you have a permit or licence.
Where the waste is already mixed with other waste, substances or materials, you must separate the waste where technically and economically feasible.
Although this is not a duty on the producer, as such, it could be a duty of care issue, for example the storage of incompatible substances and my help comply with controls downstream by ensuring effective collection and safe recovery / disposal.
The Landfill Regulations require that before waste is accepted at a landfill site the holder or operator must be able to show that the waste can be accepted according to the permit conditions and the waste acceptance criteria.
There is also the potential disposal costs, remember there no de-minis for the levels of special waste if it is mixed with non-special waste. For example, a few fluorescent tubes in a skip of non-special waste would make the whole skip special waste.
Special waste is a controlled waste and is subject to the duty of care, and you as producers have to meet this duty of care.

14. Definitions Producer – Person who produces the waste
Consignor – Removes or transports the waste from the place where it is being held (this can also be the producer)
Carrier – Transports the waste between the premises of the consignor and the consignee
Consignee – Receives the waste for treatment, disposal or recovery at a suitably licensed or permitted facility e.g. treatment facility or landfill site.

15. Section A – Consignment Details
A1 - Where is it being collected
A2 - Where is it going
A3 - What type of movement is it
A4 - When is it being moved
A5 - Confirmation
A6 - A contact telephone number
A7 - Producer details if different from information given in A1
Section A is really all about the producer of the waste and where the waste was produced.
This section of the consignment note can be completed by either the producer of the waste or the consignor/carrier, in most cases the consignment note will be provided by the consignor.
Question A4 asks for the Expected removal date of first consignment, please note that this date can be no less than three working days after the pre-notification copy has been received by SEPA and no more than one calendar month from pre-notification.

16. Section B – Description of the waste
B1 - Description of the waste to be collected
B2 - EWC code
B3 - Physical form of the waste
B4 - Colour(s) of the waste
B5 - Estimate of the total weight of the waste
B6 - List the components of the waste and the concentrations they are present in
B7 - Indicate the relevant hazard code(s)
B8 - How was the waste produced.
Section B is asking for a description of the Waste and can be completed by either the producer or the consignor.
If the consigned waste is made up of more than one waste type or you run out of space, you can use additional sheets. For every coloured page of the consignment note there should be a copy of additional information which should be dispatched or retained with each consignment note page where appropriate.
Each additional sheet should contain the same level of information as requested in B1 – B8 and should be numbered clearly. The Consignment Note number should be clearly identified at the top of each sheet.
Once sections A and B are completed the Pre-notification (white) copy can be sent to SEPA. The pre-notification must be received by SEPA at least three working days and no more than one month prior to the movement of the consignment.
SEPA will accept a pre-notification copy of a consignment note sent by fax. However, the original pre-notification copy should be sent to the consignee’s local SEPA (or EA) office, before, or within one day of removal of the waste if pre-notification was sent electronically.

17. Section C – Carriers Certificate
Section C is concerned with the Carriers details and should be completed by the carrier, when the waste is collected from the consignor.
If it is part of a carrier’s round the relevant section of a carrier’s schedule should be completed.
A carriers schedule is used in place of part of section C and all of section D. The schedule is divided into tear off strips and are used in place of the consignment note. This means that only one consignment note is needed for a carriers round.
C1 - The carrier’s registration number or reason for exemption
C2 - The vehicle registration number or the mode of transport (if not by road) e.g. train, ship

18. Section D – Consignors Certificate
Section D, is basically confirming that the information found Sections B and C are correct and that the waste is being transferred to a licensed/permitted site.
Confirms
that the information in sections B & C are correct
that the waste is being transferred to a licensed/permitted facility
If collection is being done under a carriers round the relevent section of carriers schedule should be completed

19. Section E – Consignee’s Certificate
Section E is looking for information on the consignee and the facility that has taken the waste.
E1 – Date and time of day
E2 – Quantity
E3 – Vehicle registration
E4 – Type of waste management operation and WML/Exemption number

20. Special Waste Consignment Note
Classify the waste using WM2 and the EWC and assign the appropriate code(s) and hazard code(s)
The diagram behind me provides a simple guide to consigning special waste. SEPA’s own guidance document ‘Guide to consigning waste’ can be found on their website
The first step is to classify the waste using either WM2 or the European waste catalogue. Once this is known you can then assign the appropriate EWC code(s) and hazard code(s).
You can then complete sections A&B on the consignment note and send the pre-notification (white) copy to the appropriate SEPA office i.e. the local office of the consignee.
Once the minimum pre-notification period of three working days is over, the waste can be moved, it must be moved within one month of the first notification date.
Complete Section D (and check that the carrier had completed Section C) before waste leaves the premises.
At least 3 copies (yellow, pink and gold) must travel with the waste stream to the Consignee..
The consignee will retain the pink and yellow copies, and returns the gold copy to the Carrier/Haulier.
The consignee will send the deposit copy, which is yellow, to SEPA.
You must keep your copy of the consignment note for three years unless you are a consignee, who has to keep until their licence/permit is surrendered.
Complete sections A&B and send the pre-notification (white) copy to the appropriate SEPA office
Complete Section D (and check that the carrier had completed Section C) before waste leaves the premises
Make sure at least 3 copies (yellow, pink and gold) travel with the waste stream to the Consignee
Consignee retains the pink and yellow copies, and returns the gold copy to the Carrier/Haulier
Consignee sends deposit copy (yellow) to SEPA

21. Assessing your Waste
Step 1 – is the waste a directive waste ?
Directive Waste" is any substance or object which the producer or the person in possession of it discards or intends or is required to discard. This forms the basic definition of waste in the UK.
Step 2 and 3 - Has the Scottish Government decided that a specific batch of a waste is hazardous or non-hazardous?
The Special Waste Regulations allow the Scottish Government to determine that a waste identified as non-hazardous on the List of Wastes should be a hazardous waste, because it possesses hazardous properties or vice versa they can decide that a waste is non-hazardous.
Step 4: How is the waste coded and classified on “the List”?
What is the most appropriate EWC code and what type of entry is it?
Steps 5 to 7 are only concerned with mirror entries.
Step 5: What substances are in the waste?
You should have enough information to know if your waste is hazardous or not. If you know what substances are present then you can go to step 6a if there are still some unknowns then you may need to test the waste for hazardous properties, if this is the case you should got step 6b.
Step 6a: Are the substances in the waste “dangerous substances”?
There are a number of ways to find out if the substances in a “mirror” entry waste are dangerous, for example:
The Approved Supply List (ASL) which shows hazard information and classification for many common chemicals. If the waste contains substances listed in the ASL, this classification must be used;
You can also use information from the Safety Data Sheets or other data sources, such as reference books or the internet.
You are basically looking for any categories of danger exhibited by the substance or any risk phrases which describe the hazards. If none of the substances in the waste are classified as “dangerous substances”, the waste will not be hazardous and the non-hazardous EWC code can be used.
Step 6b: Is there any reason to indicate the waste may be hazardous (e.g. test results)?
If you do not know what is in the waste, you must still find out if the waste is hazardous or not. You may have to use consultants or your waste contractor to help you make this determination.
If you do not have this information, you may have to arrange for the waste to be tested (see WM2 Appendix C for test methods).
Step 7: Does the waste possess any of the Hazardous Properties H1 to H14?
Step 7 - a waste will be hazardous if it contains dangerous substances with a concentration at or above the appropriate threshold; and/or a test shows a hazardous property and the appropriate classification H1 to H14 can be applied.
Step 1 - "Directive Waste" is any substance or object which the producer or the person in possession of it discards or intends or is required to discard. This forms the basic definition of waste in the UK.
Step 2 and 3 – under powers provided by the Special Waste Regulations the Scottish Government can determine the classification of a waste.
Step 4 – how is the waste listed on the EWC and what is it listed as? Is it an absolute, mirror or non-hazardous entry.
Step 5 – you should have enough information about the chemical substances in your waste to know if it is hazardous or not (e.g. from safety data sheets, or knowing how the waste was produced).
If not you may need to test the waste for hazardous properties (see Step 6b).
Step 6a - There are three ways to find out if the substances in a “mirror” entry waste are dangerous: The ASL, MSDS or reference books/internet (peer reviewed).
If none of the substances in the waste are classified as “dangerous substances”,
the waste will not be hazardous and the non-hazardous EWC code can be used.
Step 6b - If you do not know what is in the waste, you must still find out if the waste is hazardous or not. You may have to use consultants or your waste contractor to
help you make this determination.
If you do not have this information, you may have to arrange for the waste to be
tested (see WM2 Appendix C for test methods).
Step 7 - a waste will be hazardous if it contains a dangerous substance(s) with a concentration at or above the appropriate threshold; and/or a test shows a hazardous property and the appropriate classification H1 to H14 can be applied.

22. Theoretical Example
Waste A produced from a manufacturing process contains 10% of chemical X and 18% of chemical Y with the remainder being water.
Step 1 – Yes
Step 2 and 3 – there are no specific provision, under domestic legislation, relating to the waste
Step 4 – it is listed with a mirror entry on the EWC 2002
Ok, so that was the assessment methodology but how can it easily can it be applied? Well hopefully this theoretical example will make it a little more clearer.
Waste A from a manufacturing process contains 10% of chemical X and 18% of chemical Y with the remainder being water.
Step 1 is it a directive waste?
Yes
Step 2 and 3 - Has the Scottish Government decided that a specific batch of a waste is hazardous or non-hazardous?
there are no specific provision, under domestic legislation, relating to the waste
Step 4 - How is the waste coded and classified on “the List”?
Waste A is listed with a “mirror entry ” on the EWC 2002.
Step 5: What substances are in the waste?
Chemical X is listed on the ASL and we have the safety data sheet for chemical Y, so the composition of the waste is known and we can move onto step 6a.
Step 6a Are the substances in the waste “dangerous substances”?
Chemical X has the following risk phrase R11 and R20/22; and Chemical Y has the following risk phrases R36, R21, R50 and R53.
Based on these classifications Waste A could display the hazardous properties H3, H4, H5 and H14.
Step 7: Does the waste possess any of the Hazardous Properties H1 to H14?
The results of the tests show that the threshold concentrations for H5 (Harmful) which is 25% and H14 (Ecotoxic) which is 0.25% are both exceeded. The waste is therefore hazardous.
Step 5 – Chemical X is listed on the ASL and we have the safety data sheet for chemical Y, so the composition of the waste is known and we can move onto step 6a.
Step 6a – Chemical X classified as F; R11, Xn: R20/22; and Chemical Y is classified as Xi: R36, Xn: R21 and N: R50, 53.
Based on the classifications Waste A could display the hazardous properties H3 (Highly flammable/Flammable), H4 (Irritant), H5 (Harmful) and H14 (Ecotoxic) and tests are needed
Step 7 - The results of the tests show that the threshold concentrations for H5 (Harmful) and H14 (Ecotoxic) are exceeded. The waste is therefore hazardous.

23. Types of Movements Movement Collections
Single movement – requires pre-notification
Succession - repetitive movement of the same waste to same destination for up to 1 yr (pre-notification of 1st movement required)
Collections
Carrier’s Round - pick-up of same waste from a series of producers
Extended Carriers Round
There are two ways to move special waste.
The simplest movement is a Single movement, which is the single movement of waste to one consignee.
‘Pre-notification’ is required for a single movement, and must be provided to SEPA at least 3 working days before the ‘expected removal date’ and the waste must be moved within one month of the given expected removal date.
Next we have a succession, which is the repetitive movements of the same type of special waste from the same producer/consignor to the same consignee are called a succession.
For the first movement of waste in a succession the ‘pre-notification’ rules are the same as for single movements of waste. For subsequent loads/movements there is no need to pre-notify.
There are a number of different ways in which the waste can be carried.
24 hours Carriers Round – Collection of waste from more than one premise as part of a ‘round’.
The round starts with the first collection and finished when the vehicle returns to its ‘base’ or at the authorised waste management facility. Theoretically this type of round should be completed within 24hours although it can be extended up to 72hours. Think of a carriers round as a post round in reverse!
Extended Carriers Round – Collection of waste from more than one premise as part of a round over an extended period (maximum of one week). There are limitations on who can consign the waste (it must be the carrier) and the amount that may be collected each day (400kg maximum).
Both the Carriers Round and Extended Carriers Round Succession can be done on an Annual basis however pre-notification of all premises within the ‘Round’ is required.

24. Scotland v England & Wales
Scotland uses amended (2004) version of the Special Waste Regs 1996
E&W (i.e. the EA) replaced SWR 1996 with the Hazardous Waste Regulations 2005
HWR require Producers of HW to register with EA
HWR require post consignment quarterly returns
Cross border movements can cause confusion!
Any movement of Special Waste from Scotland must be done using a SWCN regardless of the destination
The consignee who receives the waste is required to send a copy of the completed note to SEPA
Movement into Scotland still requires a pre-notification (where applicable)
There a few differences in the UK’s special waste regimes. In terms of legislation, Scotland uses an amended (2004) version of the Special Waste Regulations 1996, whereas in England and Wales the 1996 regulations were replaced with the Hazardous Waste Regulations 2005
So what are the main differences?
In England and Wales producers have to register with the Environment Agency, in Scotland there is no need to register.
In England and Wales producers need to provide the EA with quarterly returns, this isn’t necessary in Scotland.
Due to the different systems in place, cross border movements can cause some confusion!
Regardless of the destination, any movement of Special Waste from Scotland must be done using a SWCN.
When exporting special (hazardous) waste to England, Wales or Northern Ireland for treatment, disposal or recovery, the consignee who receives the waste is required to send a copy of the completed deposit note to SEPA.
There is mutual recognition between the three agencies of each others consignment notes, however any movement into Scotland must be pre-notified, where applicable.