Regulations
Hazardous Waste (England and Wales) Regulations 2005 & the List of Wastes (England) Regulations 2005
Asbestos is a hazardous waste. The Hazardous Waste Regulations set out procedures to be followed when disposing of, carrying and receiving hazardous waste:
- Define what hazardous waste is
- Require producers of hazardous waste to notify their premises (with some exceptions)
- Ensure safe management of hazardous wastes
- Provide cradle-to-grave documentation for the movement of hazardous waste
- Require people who receive hazardous waste to keep thorough records of it and provide the Environment Agency with quarterly returns
If less than 200kg of hazardous waste is produced per annum, the regulations do not apply. If more than 200kg is produced per annum, then the premises must be notified to the Environment Agency. The premises will be given a premises code to be used on the relevant paperwork.
Where the asbestos waste is produced by a contractor who is engaged by a Client to undertake any construction, modification, repair and maintenance or demolition of his premises, then the Regulations apply to the contractor. The contractor is also treated as the consignor unless they have engaged another person to be the consignor.
The Regulations are not imposed if a person who is the original producer of the waste and who either resides at the domestic premises where it was produced, or on a person who is acting on behalf of the resident and who does this without reward. For example:
- A householder who removes and disposes of asbestos waste from their house to a civic amenity site
- A neighbour who assists in removing such waste without payment