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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The EU Waste Framework Directive provides the legislative framework for the collection, transport, recovery and disposal of waste, and includes a common definition of waste.
The directive requires all member states to take the necessary measures to ensure waste is recovered or disposed of without endangering human health or causing harm to the environment and includes permitting, registration and inspection requirements.
The directive also requires member states to take appropriate measures to encourage firstly, the prevention or reduction of waste production and its harmfulness and secondly the recovery of waste by means of recycling, re-use or reclamation or any other process with a view to extracting secondary raw materials, or the use of waste as a source of energy. The directiveâ€™s requirements are supplemented by other directives for specific waste streams. waste collection authorities must collect waste paper, metal, plastic and glass separately."
The waste management hierarchy (reduce, reuse, recycle) must be applied and declared on all waste transfer/consignment documentation. Duty of care requirements must be applied and recorded, including statement of SIC codes.
A two-tier system of registration applies for waste carriers and brokers. In January 2015, further requirements came into force for Collectors of waste. Recyclable fragments (Paper/Plastic/Metal/Glass) should be collected separately unless a valid reason not to is established and recorded. Waste producers should comply with collectors segregation facilities, where applicable.
There was an amendment to the Waste (England and Wales) Regulations 2011 by replacing regulation 13. The new regulations place a duty on organisations that collect waste paper, metal, plastic and glass that from 1 January 2015 this should be done by way of separate collection. The company must ensure it correctly segregates its waste for transportation and in storage.
The Waste (England and Wales) Regulations 2014 effectively remove the legal requirements for a Waste Transfer Note to be in place for each movement of waste and instead allow the use of â€�Written Informationâ€™ to cover the transfer of waste.
Such â€�Written Informationâ€™ must still meet strict requirements and include certain information (as laid down in Regulation 35 of the 2011 Regulations), but this change in legislation seems to open the door for the replacement of Waste Transfer Notes with other documents, such as invoices or collection receipts.â€‹
Company must ensure that the person/company collecting the waste has the appropriate licences and that waste is segregated
Applicable to England and Wales.
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Including our quarterly legal compliance updates that are a great resource for evidence for your ISO audits.