Controlled waste is the legal term for household, industrial and commercial waste in England and Wales. The term comes from the Environmental Protection Act 1990, and it matters because the waste duty of care and many other waste rules apply to controlled waste. This guide explains what the term means, how waste is placed into each of the three categories and where hazardous chemical waste fits. It is written for businesses and organisations that produce or hold chemical waste.
What is controlled waste in UK law?
Section 75 of the Environmental Protection Act 1990 (EPA) defines controlled waste as household, industrial and commercial waste, or any such waste. "Waste" itself takes its meaning from the Waste Framework Directive, as referred to in the Act.
The Act gives each of the three categories a starting definition based on where the waste comes from. The detail is then filled in by the Controlled Waste (England and Wales) Regulations 2012, which revoked the earlier Controlled Waste Regulations 1992 in England and Wales.
The three categories of controlled waste
Household waste
Under the EPA, household waste means waste from:
- domestic property, meaning a building or self-contained part of a building used wholly as living accommodation
- a caravan that is usually situated on a caravan site
- a residential home
- premises forming part of a university, school or other educational establishment
- premises forming part of a hospital or nursing home
Industrial waste
Industrial waste means waste from factories, from premises used to provide public transport services by land, water or air, and from premises used to supply gas, water or electricity or to provide sewerage services. It also covers premises used for postal or telecommunications services, mines, quarries and premises used for agriculture.
Commercial waste
Commercial waste means waste from premises used wholly or mainly for a trade or business, or for sport, recreation or entertainment. Waste that already counts as household or industrial waste is excluded.
How the 2012 regulations refine the categories
The starting definitions do not cover every situation, so Schedule 1 to the 2012 regulations adds two tables. The first classifies waste by the place where it is produced. The second classifies waste by its nature or by the activity that produced it, whatever the place.
Some examples from those tables:
- waste from a laboratory or a scientific research association is industrial waste
- waste from a hotel, a market or a general medical practitioner's practice is commercial waste
- waste from a place of worship or a penal institution is household waste
- waste oil, waste solvent and scrap metal are industrial waste, except where they are produced at places such as domestic property or a small private garage, when they are treated as household waste
- waste from construction or demolition works is industrial waste, with a limited exception for some waste from occupiers' own works at their home
The laboratory entry is relevant to laboratory waste disposal, and the waste oil and solvent entry is relevant to solvent disposal from workplaces.
Waste that is not controlled waste
The regulations also set out what falls outside the three categories. Waste that is not "Directive waste" is not treated as household, industrial or commercial waste, and neither are certain types of sewage, sludge and septic tank sludge when they are managed in the ways the regulations describe.
Where hazardous chemical waste fits
Hazardous waste is not a fourth category sitting alongside the other three. It is controlled waste that also has hazardous properties, so it remains household, industrial or commercial waste and carries additional rules on top.
The 2012 regulations make this link directly. Hazardous waste from the following activities, carried on at premises used for a trade or business, is treated as industrial waste:
- mixing or selling paints
- sign writing
- laundering or dry cleaning
- developing photographic film or making photographic prints
- selling petrol, diesel fuel, paraffin, kerosene, heating oil or similar substances
- selling pesticides, herbicides or fungicides
Section 75 of the EPA also defines hazardous waste for England by reference to the waste list and the Hazardous Waste (England and Wales) Regulations 2005. Our guide to what hazardous waste is explains the hazardous side of the picture in more detail.
The duty of care for controlled waste
Section 34 of the EPA places a duty of care on anyone who imports, produces, carries, keeps, treats or disposes of controlled waste, or has control of it as a dealer or broker. The waste duty of care code of practice, issued under section 34, confirms that the duty applies to household, industrial and commercial waste, also known as controlled waste.
The code describes waste as any substance or object that the holder discards, intends to discard or is required to discard. It sets out that waste holders must take all reasonable steps to:
- prevent unauthorised or harmful deposit, treatment or disposal of waste
- prevent a breach of the requirement to have an environmental permit, or of a permit condition
- prevent the escape of waste from their control
- make sure anyone they transfer the waste to has the correct authorisation
- provide an accurate description of the waste when it is transferred
The code notes that failure to comply with the duty of care is an offence with no upper limit on the courts' power to fine. Occupiers of domestic property have a separate, narrower duty for their own household waste: to take reasonable measures so that it is transferred only to an authorised person.
Deposit, permits and exemptions
The code also states that it is illegal to deposit controlled waste except under and in accordance with an environmental permit or a registered waste exemption. It is also illegal to treat, keep or dispose of controlled waste in a way likely to cause pollution of the environment or harm to human health.
Controlled waste and businesses
GOV.UK guidance on business and commercial waste treats any waste from a commercial activity as business waste, including waste from construction, demolition, industry and agriculture. The responsibilities it lists include completing a waste transfer note for each load of waste that leaves the premises and checking that the waste carrier is registered.
Businesses dealing with hazardous waste have extra responsibilities. The code of practice adds that waste must be assessed and classified before it is collected, which identifies whether it is hazardous and which controls apply when it is moved.
If you are unsure which category a particular waste falls into, speak to our team.
To discuss your waste, contact our team on 0845 366 9306 or email enquire@hazardousdisposal.co.uk.
This article is for general information only and does not constitute professional, legal or chemical advice. Waste producers are legally responsible for correctly classifying their waste. For guidance on your specific waste, please contact our team.