REGULATION APPROACH

Handling lighting waste

REGULATION APPROACH

It is vital lighting professionals fully understand the regulatory and legal requirements that apply to the collection, storage and, crucially, disposal of waste electricals. These can be complex, and can differ between the different nations, as this update illustrates

By Nigel Harvey

Many organisations, including companies, hospitals, local authorities, county councils, highways authorities and their contractors, need to collect and store waste electricals.

Understanding the regulatory requirements that apply is important, both to ensure compliance but also that appropriate environmental protections are in place.

Most waste electrical and electronic equipment (WEEE) and all gas discharge

Handling lighting waste

lamps are now regarded as hazardous. This creates clear obligations and duties for those organisations that collect and store such waste. The organisation that originally owned the product that is now waste is regarded as the producer of the waste.

Environmental matters have been devolved by the UK government, which means that some of these obligations will vary depending on the nation in which the organisation is based. This article intends to outline the main variations that you may need to be aware of, but there are some nuances which have not been fully covered.

STORING WASTE AT YOUR OWN SITE

There is a waste storage exemption that allows organisations to store up to 30m3 of WEEE that will be sent elsewhere for recycling. This exemption does not require registration but it is only available if the following conditions are met: • If more than one type of waste is stored the different types must not be mixed. For example, waste lamps must be removed from waste fittings before storage. • The waste may only be stored temporarily; generally for no longer than three months. • The storer cannot receive payment for collecting waste or collect waste as their main business activity. • Organisations that do not meet these storage requirements must apply to the Environment Agency (for England) for a Section 2 (or S2) exemption. This allows organisations to store up to 400m3 of WEEE in a secure container up to six months.

There is no charge for an S2 exemption. In Scotland, an exemption notification must be submitted to the Scottish Environmental Protection Agency. This allows organisations to store up to 50m3 of WEEE in a three-month period.

HAZARDOUS WASTE PREMISES CODE

In some cases, the storage of hazardous waste requires a Hazardous Waste Premises Code (HWPC), although the requirements vary by nation of the United Kingdom. Organisations based in England do not require a HWPC.

In Wales, if an organisation produces more than 500kg of hazardous waste in a 12-month period it must apply for an HWPC from Natural Resources Wales (NRW).

Given that 500kg is a low limit, this is likely to apply to virtually all collectors of waste lamps and fittings.

TRANSPORTING WASTE

The Waste (England and Wales) Regulations 2011 introduced a staged and tiered system for registration of waste carriers, which came into force in January 2014.

No registration is required if an organisation carries waste that it has produced on a one-off basis. But if this happens regularly, the organisation will have to register as a ‘lower tier’ waste carrier.

A lower tier waste carrier is only applicable for an organisation transporting its own waste. There is no charge to register, and the registration only has to be done once as it lasts indefinitely.

Registration must be with the environment agency of the nation in which the organisation is based – in other words The Environment Agency (England), The Scottish Environmental Protection Agency (Scotland), Natural Resources Wales (Wales) or The Northern Ireland Environment Agency (Northern Ireland).

All those organisations, such as contractors, who transport waste that they don’t produce (in other words not their own) must register as an ‘upper tier’ waste carrier.

This applies to all who are not exempt or in lower tier. The cost of doing this is £154 and registration is valid for three years. Again, registration is with the relevant agency of the nation in which the relevant activities take place.

If the organisation operates in more than one nation, it must register in each relevant nation.

HAZARDOUS WASTE CONSIGNMENT NOTES

Hazardous waste consignment notes (HWCNs) are used by the environment agencies to track the movement of hazardous waste. They make sure the waste is tracked through to its final destination.

A contractor collecting waste must provide an HWCN, and the waste producer must keep copies for three years. The HWCN should describe the waste accurately, and it must be signed by the waste producer.

DUTY OF CARE

The Environmental Protection (Duty of Care) Regulations impose a duty on all organisations to take all reasonable steps to ensure that, when waste is transferred to another organisation, it is managed and recycled correctly.

This can be done by checking that the next waste holder is authorised to receive the waste, verifying where the waste is to be taken and checking that the destination is authorised to accept that waste. Do be aware that reporting requirements differ slightly dependent on environment agency.

It is also important to note that it is an offence to place hazardous waste – including most WEEE waste – into a conventional metal recycling skip.

STORAGE OF WASTE LAMPS

In addition to the legal requirements, at Recolight we require that further measures are considered when storing waste lamps. These are as follows: • Containers are for storing gas discharge lamps and LED lamps, but no other type of waste. • Containers should be located in an area where they cannot be tampered with, damaged or stolen. • To avoid breakage, all waste lamps should be stacked neatly and not thrown into containers, and all packaging must be removed. Incorrect stacking could lead to breakage of lamps during transport, and release of mercury. Wherever possible, linear and non-linear lamps should be placed in separate containers – this also helps to minimise breakage. • Sodium lamps should always be stored in a separate container, which should be placed inside a building to prevent and water ingress. • Most electrical items are regarded as hazardous because of the inclusion of brominated flame retardants in plastics included within the item. • However, analysis undertaken by

Recolight and the Lighting Industry

Association has shown that this does not apply to waste street lanterns.

SUMMARY

The hazardous nature of most electrical waste means that organisations handling it do need to ensure they comply with a range of statutory obligations, as this article illustrates.

These are in place for very good reasons – it is vital that such wastes are properly tracked and are sent to the right recycler.

Nigel Harvey is chief executive of Recolight