Special waste
Special Waste is essentially any waste with hazardous properties
which may render it harmful to human health or the environment.
Elsewhere in the UK and the EC, it is referred to as being
Hazardous waste.
How do I identify special waste?
Guidance on how to classify and assess your special waste can be
found in the guidance document Hazardous
Waste: Interpretation of the definition and classification of
hazardous waste (
2.64
mb).
This document was produced by SEPA, the Environment Agency and
the Northern Ireland Environment Agency. It was updated in April
2011 and provides guidance for classifying/assessing hazardous
waste using a system based on the concentration of 'dangerous
substances' within the waste.
The April 2011 update makes changes to the guidance document
because:
- in April 2011, the Hazardous Waste Regulations were amended to
implement the revised Waste Framework Directive;
- chemicals legislation has changed how we assess waste as
hazardous.
The changes include:
- the introduction of a new hazardous property H13
sensitizing;
- moving what was H13 to H15;
- the replacement of the Approved Supply List with Annex VI Table
3.2 to the
Classification, Labelling and Packaging of Substances
Regulation ( 6.74 mb). Table 3.2
(from page 923 of the regulations) is the new place to get risk
phrases for common chemicals.
Moving special waste
In Scotland all movements of special waste must be accompanied
by a Special Waste Consignment Note (SWCN). The SWCN consists of
five different coloured, self carbonising pages, each with five
sections, which refer to a different aspect of the waste
transfer.
Note: You do not have to register with
SEPA as a producer of special waste you simply purchase
SWCNs as required. Where special (hazardous) waste is
produced in Scotland but consigned to England or Wales you
do not have to register with the EA as a producer
of hazardous waste.
Mixing special waste
If you dispose of, recover, collect or transport special waste
you should not mix different categories of hazardous waste or mix
hazardous waste with non-hazardous waste, unless you have a permit
or licence.
Where the waste is already mixed with other waste, substances or
materials, you must separate the waste where technically and
economically feasible.
The Landfill Regulations require that before waste is accepted
at a landfill site the holder or operator must be able to show that
the waste can be accepted according to the permit conditions and
the waste acceptance criteria.
There are no de-minimis for levels of special waste if it is
mixed with non-special waste. For example, a few fluorescent tubes
in a skip of non-special waste would make the whole skip special
waste.
Guidance: Special Waste Advisory Notes
Further information on SEPA's guidance aimed at providing advice
on the proper management of Scotland's waste can be found in the
Guidance section including the Hazardous Waste: Interpretation of the definition
and classification of hazardous waste.
Legislation
In Scotland, the Special
Waste Regulations 1996 
set out procedures to be followed when disposing of, carrying and
receiving special waste. The regulations are the principal piece of
legislation covering special waste arising in Scotland.
The Special Waste Regulations 1996 transposed the requirements
of the European Hazardous
Waste Directive (91/689/EEC).
A FAQ section has been provided as a quick overview of the
changes that resulted from the most recent amendments 'The
Special Waste Amendment (Scotland) Regulations 2004'.