The Department for Environment, Food and Rural Affairs ("Defra") have launched a consultation on a proposed new strategy for hazardous waste management in England (the "Strategy"). The Strategy should be of interest to all involved in the handling of hazardous waste.

The Strategy aims to work in conjunction with the provisions of the revised Waste Framework Directive (2008/98/EC) relating to hazardous waste. Member States have until 12 December 2010 to implement the revised Directive. Defra have issued a separate consultation relating to the transposition of the revised Directive at the national level.

The aim of the Strategy is to provide clarity and certainty over the application of existing hazardous waste management law, rather than impose new requirements for the treatment and management of this type of waste. Comprising four parts, the Strategy includes seven high level principles relating to the management of hazardous waste, a set of outline decision trees to assist decision makers with their decision making processes, a list of guidance relating to hazardous waste, proposed further guidance and a timeline for implementation. The seven principles stem from existing environment law and relate to 1) the waste hierarchy, 2) infrastructure provision, 3) reduction of reliance on landfill, 4) prohibition on mixing or dilution of hazardous waste, 5) treatment of organic hazardous waste, 6) end of reliance on the use of Landfill Directive waste acceptance criteria derogations and 7) treatment and landfilling of hazardous waste.

Businesses that use, store, handle or dispose of hazardous wastes in England will already be aware of the complexity of the interpretation of laws relating to hazardous wastes and should review the Strategy carefully and respond to the consultation as they see fit.

The consultation documentation may be found here. The consultation closes on 13 October 2009. It is expected that a final form of the Strategy will be published soon after, which will be subject to review in 2014.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 29/07/2009.