DANGEROUS AND DIFFICULT WASTES: CONTROL PROPOSALS (Hansard, 25 January 1990)

§ Lord Hesketh

We have today published a consultation paper which reviews the operation of the Control of Pollution (Special Waste) Regulations 1980 (SI 1980 No. 1709) and sets out the changes which the Government propose to make to strengthen and improve the controls applied to dangerous and difficult waste.

The proposals made in the consultation paper arc complementary to the measures on waste disposal included in the Environmental Protection Bill. However, they are designed to deal with those wastes which are particularly dangerous or difficult to dispose of and for which special provision is required. We have carried out a fundamental review of the 1980 regulations. The starting point of the review was the announcment in December 1985 of our conclusions on the report of the Joint Review Committee. We have subsequently taken account of the proposal for a directive on hazardous waste which the European Commission published in July 1988 to supersede the existing directive on Toxic and Dangerous Waste (78/319/EEC); complementary work on the definition of hazardous waste carried out by the OECD; and the definition of such waste contained in the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal which the Government signed on 6th October 1989.

The changes proposed in the consultation paper include:—

(a) a new, broader definition of special waste. In future, special waste will be defined by reference to 11 characteristic properties and will explicitly include substances which present an immediate, delayed or accumulative risk to the environment as well as those harmful to human health. It will also include clinical waste;
(b) a requirement that before special waste is removed from the producer's premises there must be a contract which ensures its disposal at an appropriately licensed site;
(c) a requirement on disposal authorities to recover a reasonable charge for consignment note forms, including the cost to authorities of administering and monitoring the operation of the consignment note system;
(d) a prohibition on disposers accepting special waste unless they have contracted to do so and have a licence which authorises its disposal. In rejection of a consignment the carrier will be required to return it without undue delay to the person from whom he collected it;
(e) a prohibition on carriers mixing different consignments of special waste and on mixing special wastes with non-special waste. Disposers will also be prohibited from mixing special waste with non-special waste except for the purpose of improving safety during disposal or ensuring that it is disposed of without causing danger to public health, serious detriment to local amenities or risk to the environment; and
(f) a requirement on disposal authorities to keep a public register of consignment notes for each licensed site in their area. Safeguards will be provided to prevent the disclosure of information which would prejudice to an unreasonable degree the producer's commercial interests.

The Government are committed to improving standards in waste management and disposal. These proposals are specifically designed to ensure that dangerous and difficult waste is managed and disposed of safely, without endangering human health or harming the environment. I am arranging for copies of the consultation paper to be placed in the Library of the House.