The document summarizes new UK waste regulations introduced in 2011. It overviews regulations that abolish some existing rules and introduce a two-tier carrier registration system requiring compulsory registration by the end of 2013 for businesses transporting their own waste. New rules also include implementing a waste management hierarchy prioritizing prevention, reuse, and recycling; changes to waste transfer notes now requiring compliance declarations; and additional facility permit conditions regarding waste management practices and odor management plans.

1. Legal Update – Autumn 2011 John Mitchell Head of Environment

2. Waste (England and Wales) Regulations 2011 Abolish some well-known regulations Introduce: Use of the Waste Management Hierarchy Two-tiered system of carriers Compulsory registration for lower tier (own business carriers) from end of 2013 Changes to waste transfer notes from 28 September 2011 Various other minor amendments

3. Waste Management Regulations 2011Waste Management Hierarchy As defined: Prevention Preparing for reuse Recycling Other recovery (for example energy recovery) Disposal Duty is to take all such measures available as are reasonable in the circumstances Enforcement by compliance notice or stop notice Defence of “best environmental outcome

4. Waste Management Regulations 2011Waste transfer notes Notes must contain a declaration that the transferor has complied with the duty to apply the hierarchy In force from 29th March 2011 but with transitional exemption until 28th September 2011 Waste category codes in Lists of Waste Regs 2005 are obligatory Transferor must be identified by its SIC Code Note can be in electronic format

5. Waste Management Regulations 2011Registration as a waste carrier Currently, most businesses which carry their own waste are exempt from registration as waste carriers The WMR Regs require all businesses which carry their own waste to register as waste carriers Effective from the end of December 2013 Exemption for businesses which do not "normally and regularly transport controlled waste" Registration is currently free

6. Waste Management Regulations 2011Miscellaneous amendments EPs to contain new mandatory conditions: For all businesses a condition requiring the application of the waste management hierarchy For businesses which manage hazardous wastes in any way a condition prohibiting the mixing of such wastes Addition of new “sensitizing” category of hazardous waste “Separate collections” of waste paper, metal, plastic and glass.

7. New horizontal guidance H4 on odour Applies to premises which have or are applying for an EP Odour Management Plans now compulsory for new EPs Conditions in the EP will be used to trigger a review of the OMP in the event of perceived breach Odour condition will be standardised to forbid odour detectable at the site boundary which amounts to pollution Raft of advice on avoidance of odour Raft of advice on avoidance of odour disputes

8. Legal Update – Autumn 2011 John Mitchell Head of Environment