An expert from sustainable waste management company Biffa is advising manufacturers to review their hazardous waste disposal processes to avoid costly fines and legal repercussions from the Environment Agency. Mishandling hazardous waste – even unintentionally – can result in significant penalties, with some businesses facing fines exceeding £1m. Grace Wild, HazPack Chemist at Biffa Specialist Services, outlines essential steps to ensure safe and legal hazardous waste compliance.
The risk of non-compliance
Under the Environmental Protection Act 1990, businesses handling hazardous waste must follow strict regulations to prevent contamination of people, animals and the environment. Failure to comply can result in formal warnings, prosecution or civil sanctions such as stop notices.
Unlike businesses in Wales, companies in England, Scotland and Northern Ireland are not required to register as hazardous waste producers. However, they have a legal ‘Duty of Care’ to ensure their waste is stored, transported and disposed of safely through an authorised waste management provider – or risk facing financial penalties.
Grace explained: “Many businesses may not realise that improper disposal of hazardous materials – even due to lack of awareness or training – can lead to significant fines or legal action. If your waste is toxic, corrosive, reactive or flammable, it is likely hazardous and must be handled accordingly.
“Identifying and classifying waste correctly is the first step. Working with a professional waste management provider ensures businesses stay compliant while reducing their environmental impact.”
Some business owners may find themselves in trouble due to confusion over whether their waste is in fact hazardous. Hazardous waste covers chemicals and pesticides, asbestos, oils (except edible ones), and equipment containing ozone-depleting materials, such as aerosols or batteries. Consider the properties of the waste materials; if it could be considered toxic, corrosive, reactive or flammable, the likelihood is it’s hazardous.
Grace continued: “Building confidence in what hazardous waste is – and how to identify it – is key to avoiding confusion.” Familiarising yourself with the Environmental Agency’s waste classification guide will enable you to judge more confidently whether waste is hazardous. The guide also enables the ability to confidently classify waste with List of Waste (LoW) codes, which will need to be shared with waste contractors.
How to stay compliant
Hazardous waste must be accompanied by a consignment note from end-to-end during the process. If hazardous waste is produced or held and is not correctly documented, fines may be incurred, which goes against any duty of care. Producers must keep these records for three years, while carriers need to retain them for one year.
If there are plans to transport business waste to an authorised facility for disposal, that business also needs to register as a waste carrier. Failure to do this combined with continued transporting of hazardous waste, can result in an unlimited fine. Cases involving mismanagement of hazardous waste have seen fines of over £1m.
Businesses that produce hazardous waste must ensure they comply with all these regulations in their operations. Working within waste legislation as a producer and having up-to-date consignment notes can keep a business in the green and avoid on-the-spot fines.
Businesses who are unsure whether the materials being handled are hazardous waste, can ask their waste management provider for help. Biffa’s team of mobile chemists can visit and offer support with identification, packaging and safe removal and treatment of hazardous wastes. The company can also offer training to simplify regulatory obligations regarding the handling of hazardous waste.
Steve Dorrington, Britvic GB, Process Lead Engineer, shares his experience working with Biffa: “Biffa’s team of technical experts seamlessly handled Britvic’s liquid waste, with support in waste management transferal documents, identification and efficient tanker collection and recycling. Biffa helped with process alignment focused on recovering as much of the waste as possible, all while guaranteeing environmental compliance and safe disposal.”
Beyond compliance
Businesses can explore sustainable waste solutions to repurpose materials and support circular economy initiatives. For example, Biffa’s dedicated aerosol recycling facility transforms used aerosols into reusable materials, while repurposed oil tanks can be used for heating new oil.
Biffa has also recently launched its refreshed Manufacturing Waste Solutions proposition, objectively examining every facet of manufacturers’ processes, including hazardous waste, and identifying areas for improvement to ensure businesses remain compliant and deliver more value from their waste.
To find out more about Biffa’s hazardous waste services, visit: Hazardous Waste Management Solutions Near You – Biffa.
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