As trusted legal advisers to one of Ireland's leading recycling companies Metcollect we in Spencer West Northern Ireland have had to get to grips with all of the legal requirements for a business that handles both hazardous and non-hazardous waste across the island of Ireland.
In Northern Ireland, the management and recycling of waste is governed by a comprehensive legal framework designed to protect human health and the environment. The Department of Agriculture, Environment and Rural Affairs (DAERA) and the Northern Ireland Environment Agency (NIEA) oversee the implementation and enforcement of these regulations.
Hazardous Waste
Hazardous waste is defined as waste that poses substantial or potential threats to public health or the environment. This includes materials such as asbestos, fluorescent tubes, clinical waste, chemicals, used engine oil, used oil filters, brake fluid, certain batteries, some printer toner cartridges, waste paint and thinners, electrical equipment and specific automotive components like catalytic converters and diesel particulate filters .
Key Legal Requirements:
Hazardous Waste Regulations (Northern Ireland) 2005: These
regulations establish a system for controlling hazardous waste from
its production to its final disposal or recovery.
Consignment Note System: Every movement of hazardous waste must be
accompanied by a consignment note with a unique code, ensuring
traceability and proper handling .
Waste Classification: Producers must classify their waste according
to the Technical Guidance WM3, which provides detailed instructions
on identifying and assessing hazardous waste .
Duty of Care: All parties involved in the handling of hazardous
waste have a legal obligation to take reasonable measures to
prevent unauthorised disposal and to ensure that waste is managed
safely .
Non-Hazardous Waste
Non-hazardous waste includes materials that do not pose immediate risks to health or the environment, such as household waste, certain commercial waste, and construction debris yet its movement and storage is still highly regulated.
Key Legal Requirements:
Waste and Contaminated Land (Northern Ireland) Order 1997: This
legislation provides the foundation for waste management practices,
including licensing and enforcement mechanisms.
Waste Management Licensing: Individuals or businesses that deposit,
keep, treat, or dispose of waste may require a waste management
licence from the NIEA.
Duty of Care: Similar to hazardous waste, those handling
non-hazardous waste must ensure it is stored, transported, and
disposed of responsibly, preventing harm to the environment and
human health.
Compliance and Best Practices
Record-Keeping: Maintain accurate records of all waste
transactions, including types of waste, quantities, and details of
transfer and disposal.
Authorised Carriers: Ensure that waste is transferred only to
carriers and facilities authorised to handle the specific type of
waste.
Training and Awareness: Provide appropriate training to staff
involved in waste management to ensure compliance with legal
obligations.
Regular Audits: Conduct periodic audits of waste management
practices to identify areas for improvement and ensure ongoing
compliance.
Quote:
"We have relied on the expertise of John and his team at Spencer West (NI) to support the growth of Metcollect and they have assisted with our extensive programme of development for new facilities including expediting the obtaining of planning permission and the permitting and regulation of our operations in both the North and South of Ireland"
Geoff Angus, Director, Metcollect Limited
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
