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Waste Legislation

The following is a brief summary of the key waste legislative requirements. Links within each site will provide more detailed information.

Duty of Care

The Duty of Care for waste is set out in the Waste & Contaminated Land (NI) Order.

It is the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste or as a broker, has control of such waste, has a legal duty to;

  • Prevent the deposit of controlled waste on land except under the terms of a waste management licence EHS waste management licensing link.
  • Prevent the escape of waste from his control, or that of any other person by packaging it appropriately
  • Secure that any transfer of waste is only to an authorised person i.e. registered waste carrier EHS registered waste carrier link.
  • Ensure waste is accompanied by a description adequate to help any subsequent holder avoid breaching the duty. A record should be kept of all waste received or transferred through system of signed Waste Transfer Notes.

In short you have a legal responsibility to ensure that your controlled waste is being stored, transported, treated and disposed of correctly.

Any person who fails to comply with the duty may be liable to; a fine not exceeding £5,000 in the magistrate’s court or an unlimited fine if the matter goes to the Crown Court.

For full details please see the ‘Duty of Care – A Code of Practice

In order to meet Duty of Care responsibilities McQuillan’s are able to provide a full audit trail of any waste material consigned on your behalf. Customers are welcome to visit our sites in order to audit our facilities and operations.

Hazardous Waste Legislation

Hazardous or special waste is waste that is potentially dangerous and which may require extra precautions during handling, storage, treatment or disposal. Examples include; oils, acids, solvents and asbestos.

The European Waste Catalogue 2002 (EWC) lists all wastes (grouped according to industry or process), with each waste type having assigned a 6 digit code. Some wastes are ‘absolute entries’ and are classed as hazardous regardless of dangerous substance concentration. These are highlighted in red.

Other wastes, ‘mirror entries’, require assessment as to whether or not they are hazardous, depending on composition and the amount of dangerous substances present above threshold concentrations. These are highlighted in blue.

All hazardous wastes are identified in the EWC with an asterix (*).

Download European Waste Catalogue

Is your Waste Hazardous?

Consult the European Waste Catalogue to determine if the wastes you handle are hazardous. This list has recently been revised to include a number of new entries, including fluorescent tubes, computer monitors and batteries.

The Environment & Heritage Service (EHS) has produced a guidance to help you determine if your waste is hazardous. Technical Guidance Note WM2 ‘Interpretation of the Definition and Classification of Hazardous Waste

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