Richard Burns, You may well have a valid interpretation of the law, but that is not how I understand it is currently interpreted by the EA, Councils and others. Have you got any reference to support your view?
Regards
Bruce
I think I stand to be corrected having reread the EA stance on carriers.
My understanding may be slightly out of date and it looks as if the regulations will change in 2013.
I also missed the change to the controlled waste regs in 1992, which in terms of normal waste management would not apply expect in very specific cases (one of which is being an electrician).
The following references explain my position:
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
Exemption from registration
2.—(1) The following persons shall not be required for the purposes of section1 of the 1989 Act to be registered carriers of controlled waste—
(b) the producer of the controlled waste in question except where it is building or demolition waste;
(2) In this regulation—
"building or demolition waste" means waste arising from works of construction or demolition, including waste arising from work preparatory thereto;
In my view this did not mean alteration however...
The Controlled Waste Regulations 1992
“construction” includes improvement, repair or alteration;
The below was the exemption I felt applied and considered that I was operating a mobile service and understood that the mobile service is the same as the service premises and so was not transporting the waste until taking it to a waste site.
However the mobile site reference is only applicable to hazardous waste and the hazardous waste regulations state that all hazardous waste produced at a site must be consigned if removed from the service site, which will be an absolute nightmare and prevent my business operating so I will have to leave hazardous waste with the customer.
The Waste (England and Wales) Regulations 2011
Exemptions in relation to carriers
26.—(1) The following are not required to be a registered carrier of controlled waste for the
purposes of section 1 of the Control of Pollution (Amendment) Act 1989—
(a) a carrier who is a specified person and who does not normally and regularly transport
controlled waste;
(5) In this Part—
“specified person” means—
(e) a carrier which only transports waste produced by the carrier itself, except where it is
construction or demolition waste (and “construction” includes improvement, repair and
alteration);
If the mobile site is part of the service premises then this is the movement of waste between different places in a premises.
The Control of Pollution (Amendment) Act 1989
Offence of transporting controlled waste without registering.
(1)Subject to the following provisions of this section, it shall be an offence for any person who is not a registered carrier of controlled waste, in the course of any business of his or otherwise with a view to profit, to transport any controlled waste to or from any place in Great Britain.
(2)A person shall not be guilty of an offence under this section in respect of—
(a)the transport of controlled waste within the same premises between different places in those premises;
Environment Agency Waste carriers, brokers and dealers - definitions
Carrier
A person who transports controlled waste in the course of a business or otherwise with a view to profit.
From this definition I was not carrying the waste with a view to profit however the EA has split the sentence to be "the course of a business" OR "a view to profit".
Lower tier applicant or registrant also known as ‘specified person’
Any person who is required to register as a carrier, broker or dealer and who falls within one of the categories of 'specified persons' as defined in the Waste (England and Wales) Regulations 2011. These are:
OR after 2013, a carrier who only transports waste produced by the carrier itself, except where it is construction or demolition waste (up until then they are excluded).
Lower tier registrations are indefinite unless we revoke it or the registrant wants to withdraw it.
As a mobile service I am not normally and regularly carrying waste.
Exempt activities
People who do not need to register because of a specific exemption in the regulations:
any lower tier carrier who does not normally and regularly transport controlled waste
until after 2013, the existing exemption for carriers who only transport their own waste (unless it is construction and demolition waste) will remain in place.
Excluded activities
People who are excluded from the requirement to register. These include:
Any person who carries controlled wastes but not as part of their business or otherwise for profit
Any person carrying waste between different places of the same premises.
So yes you do need to register as a waste carrier, you do need to register your site as a hazardous waste producer, you do need to consign all hazardous waste off the customer site, you do need a waste transfer note for all waste removed from the customers site, wonderful!!
I will have to look more and find some exemptions:smiley2: