What constitutes as waste is a grey area.The decision as to whether or not a substance is being discarded as waste rests, in the first place, with the producer or holder of a particular substance to decide on the facts of the case (1).However, if the need arises, it is the court of law that decides whether something is waste or not.
In the Europe the main EU Directives that transfer into UK legislation are;
- EU Batteries Directive
- Seveso II Directive (and the COMAH Regulations)
- End of life Vehicles Directive
- Groundwater Directive
- Landfill Directive
- WEEE; Waste Electrical & Electrical Equipment
- Waste Incineration Directive
- Surface Water Abstraction Directive
- Bathing Waters Directive
- shellfish Waters Directive
- Dangerous substances Directives
- Habitats Directive
- Urban Wastewater Treatment Directive
- Nitrates Directive
- IPPC Directive
Businesses have a duty of care to ensure that any substance that the business considers “unwanted” is handled safely and within the law. This includes those who handle transports, imports, stores, treats and disposes of unwanted material.Controlled waste is those produced by industrial, commercial or household activities. The duty of care defines that the responsibility for making sure that any body or operation that you pass waste on to, is authorised to receive the waste is legally yours.The duty of care has no time limit. It extends until the waste has either been finally disposed of or fully recovered.
Those seeking to dispose of an unwanted substance need to obtain the proper licenses for the Environment Agency here
http://www.environment-agency.gov.uk/subjects/waste/?lang=_e.
Those persons wanting to transfer unwanted materials must complete a Waste Transfer Note (WTN). This allows future handlers of the waste to know exactly what they are handling. These documents should be held and recorded for two years.
References
Hawken P et al. (1999). Natural Capitalism, Little Brown and Company, 1999, unknown
1. Legal Briefing from the Environment Group, 16th July 2007. http://www.walkermorris.co.uk/content.aspx?id=486
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