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A Word of Warning about Waste
ConstructionResale.co.uk is first and foremost a communication platform where the Construction Industry can inform and be informed of materials, products, equipment and plant that are available for sale. The object of this is to improve construction resource efficiency and reduce the amount of materials currently being needlessly classified as waste and sent to landfill.
When conducting business on ConstructionResale.co.uk users must be aware of the Legislation surrounding waste classification, carriage and Duty of Care.
Although it is extremely unlikely that prosecution would ever result from the resale of a product, material, piece of equipment or plant that required no processing by the buyer or seller, care must be exercised. Special attention must be paid to excavated materials, topsoils and any other material that has the potential to harm/contaminate, especially if in an unpackaged state.Recovered aggregates produced in accordance with the WRAP "Quality Protocol for the production of aggregates from inert waste" are not likely to be waste. Typical uses of recovered aggregate include pipe-bedding and selected backfill to sewer excavations; carriageway sub-base construction; and the construction of vertical, granular filled drains to aid consolidation of compressible clays. Ultimately the seller must exercise their responsibility on the balance of risk.
The issue of waste is addressed in various pieces of legislation, which ConstructionResale users should be aware of, key regulatory instruments and guidelines are summarised below. If you are in doubt as to the status of materials or equipment that you intend to sell then we would always advise that you contact your local Environment Agency Officer for further assistance.
DUTY OF CARE
The Environmental Protection Regulations (Duty of Care) 1991 (SI 1991 No. 2839) (as amended SI 2003 No. 63) The Duty of Care applies to business and industry. It is the duty to ensure that waste generated is handled safely and in accordance with the law and it applies to all Controlled Waste - the waste materials produced as part of a business activity or within the workplace. The Duty of Care does not in any way alter the need to comply with other waste regulations.
Businesses are responsible for ensuring the safe and proper disposal or recovery of their waste, even after they have passed it on to another party such as a waste contractor, scrap metal merchant, recycler, local council or skip hire company. This responsibility has no time limit, and extends until the waste has either been finally and properly disposed of or fully recovered. Crucially, it also requires that a record is kept of all waste received or transferred through a system of signed Waste Transfer Notes (WTNs). Users of ConstructionResale.co.uk should bear this in mind when arranging a sale.
CONTROLLED WASTE
The Controlled Waste Regulations 1992 (SI 1992 No. 588) Commercial, industrial, household wastes and Special Wastes are classified and treated as Controlled Waste. Controlled Waste must stored properly, collected by a registered waste carrier and disposed of at an authorised disposal facility, in line with the producer’s Duty of Care.
HAZARDOUS WASTE
The Hazardous Waste (England and Wales) Regulations 2005 (SI 2005 No. 894) On 16 July 2005, new controls on Hazardous Waste came into force. These replace the previous Special Waste regime. Under these regulations more types of waste are classed as Hazardous Waste than were classed as Special Waste. Sites that produce Hazardous Waste must register their premises with the Environment Agency each year. This removes the need to pre-notify the Environment Agency of Special Waste movements.
Hazardous Waste is so called because it has hazardous properties that may make it harmful to human health or to the environment. Examples of wastes classed as hazardous include: asbestos; lead-acid batteries; electrical equipment containing hazardous components such as cathode ray tubes (televisions); oily sludges; solvents; fluorescent light tubes; chemical wastes; and pesticides. Most businesses are likely to produce some Hazardous Waste. They will need to ensure that their waste is dealt with appropriately.
REGISTRATION OF CARRIERS
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 (SI 1991 No. 1624), (as amended SI 1998 No. 605) A Waste Carrier is someone whose business or part of their business involves the transportation of waste. They must register with the Environment Agency and undertake various other duties. Generally, companies are exempt if they are a waste producer carrying their own waste.
A notable exception to this is building or demolition waste. If a company transports its own building or demolition waste, it must register as a Waste Carrier with the Environment Agency. Construction companies should note that unused raw materials, which were new when purchased and can be used later in their original form, are not waste. General demolition materials, scrap and hardcore amongst other unwanted items are, however, waste and subject to these regulations. Please click here for more comprehensive information about these regulations. WASTE MANAGEMENT LICENSING
The Waste Management Licensing Regulations 1994 (SI 1994 No. 1056) (as amended 2005 No.1728) This piece of legislation is unlikely to apply to organisations that only store waste which they produce and regularly remove it from their site.
It applies to companies that deposit, keep (store waste that they did not produce), treat (including recycling and using mobile plant) or dispose of Controlled Waste in or on any land or by means of a mobile plant, or if they knowingly permit any of these activities. These require a Waste Management Licence or an official exemption, depending upon the duration of storage, types and quantities of wastes being handled and the activity carried out on the site.
Please click here for more comprehensive information about these regulations. WRAP Quality Protocols for Aggregates
As recent rulings by the European Court of Justice have led to a broader application of the definition of waste, producers and users of aggregates from inert waste traversed a period of uncertainty as whether their products were still waste or not. The purpose of the Quality Protocol is to provide a uniform control process for producers, from which they can reasonably state and demonstrate that their product has been fully recovered and is no longer a waste. It also provides purchasers with a quality-managed product to common aggregate standards, which increases confidence in performance. Also, the framework created by the Protocol provides a clear audit trail for those responsible for ensuring compliance with Waste Management Legislation.
Defra Waste and Recycling Information- What is waste?
There is no definitive list of what is and is not waste. Whether or not a substance is discarded as waste - and when waste ceases to be waste - are matters that must be determined on the facts of the case and the interpretation of the law is a matter for the Courts. It rests, in the first place, with the producer or holder of a substance to decide whether it is being discarded as waste and the Environment Agency is responsible, as a "competent authority", for the enforcement of waste management controls in England and Wales.
The European Court of Justice (ECJ) has issued several judgments on the interpretation of the definition of waste and the meaning of "discard". ECJ judgements are binding on Member States and their competent authorities. A summary of ECJ judgements on the interpretation of the definition of waste has been published:
The waste hierarchy is a useful framework that has become a cornerstone of sustainable waste management, setting out the order in which options for waste management should be considered based on environmental impact:
ECJ judgements: the definition of waste(PDF 50 KB) (updated June 2007)
In March 2004 the European Commission published a dossier on key environmental judgments by the ECJ.
Waste hierarchy(PDF 25 KB)
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