Changes to the classification of 10 waste wood items has occurred from 1st September 2023 in the UK. The new classification of these products as hazardous and potentially hazardous waste will affect both producers of waste wood and recyclers.

Waste wood from demolition and refurbishment activities: Regulatory Position Statement 250

RPS 250 was withdrawn on 31^st August 2023. The RPS allowed for operators with an existing environmental permit to:

• store hazardous waste wood at a waste transfer station; and / or
• process and mix hazardous waste wood with non-hazardous waste wood at a wood processing site.

Due to the potential impact to human health and the environment of processing and recycling potentially hazardous material, the Government have decided to remove this RPS.

The following ten wood items from buildings constructed before 2007 are now classified as hazardous waste.

• Barge boards.
• External fascia.
• Soffit boards.
• External joinery.
• External doors.
• Roof timber.
• Tiling cladding.
• Tiling battens.
• Timber frames.
• Timber joists.

Hazardous wood waste

If your organisation handles any of the 10 types of wood from pre-2007 buildings, they must be treated as hazardous waste when arranging recovery and disposal. An exemption to this is if the wood has undergone testing and is found to be non-hazardous.

Recycling and processing centres will now be required to have the correct licenses before accepting hazardous waste wood. There is a duty on organisations to check that the facility has the correct processes in place to accept their consignment.

The wood is now required to be moved using a consignment note (as is all hazardous waste) and one of the following EWC codes depending on which is applicable.

• 17 02 04* – Glass, plastic and wood containing or contaminated with hazardous substances from construction and demolition wastes (including excavated soil from contaminated sites).
• 19 12 06* – Wood containing hazardous substances from waste management facilities, off-site wastewater treatment facilities and the preparation of water intended for human consumption or industrial use.
• 20 01 37* – Wood containing hazardous substances from municipal wastes.

All consignment notes must be retained by an organisation for 3 years.

Packaging Waste (Data Reporting) (England) Regulations 2023
Producers of packaging are required to collect and report data on the amount and type of packaging that they place on the market in England from March 2023 (or January 2023 if they have this data). 

A producer means an organisation operating in the UK as: 

• a brand owner; 
• a packer / filler; 
• an importer; 
• a distributor; 
• an online marketplace operator; 
• a service provider; or 
• a seller. 

Packaging is any material that is used to cover or protect goods that are sold to consumers and includes anything that is designed to be filled at the point of sale, e.g. paper coffee cups. 
The new regulatory position statement 
A new regulatory position statement (RPS) has been issued regarding Packaging Waste (Data Reporting) (England) Regulations 2023 (the Data Regulations).

Organisations are now allowed to submit both packaging data reports by 31st May 2024 without the threat of enforcement action being taken. This extends the previous deadlines of 1st October 2023 for the first report and 1st April 2024 for the second report. 

Although the dates of enforcement have been extended, organisations are still required to record and report the data starting from 1st March 2023 (or January 2023 if they have it).

Records of this must be kept for two years to show compliance with the RPS. 

The decision to extend the deadline follows the Government’s decision to delay the payment regime under the EPR Regulations until October 2025, instead of October 2024. 

It’s advised that companies take this time to collect the data and ensure that it is accurate.

• To view the RPS on the Government website click here.
• To view the list of RPSs for England on the Legislation Update Service, click here. 

In response to the extraordinary challenges posed to businesses as a result of the Coronavirus (COVID-19) pandemic, the Northern Ireland Environment Agency (NIEA) has issued a useful COVID-19 landing page which provides information on its regulatory response to Coronavirus (COVID-19) and related questions, answers and information for business.  

It makes it clear that it will not be relaxing environmental regulations during the pandemic and expects that “every reasonable effort is made to comply with environmental legislation and authorisations in place”. Unlike other environmental regulators in the UK, it has not issued any statements that it will be reducing its regulatory compliance inspections or compliance assessment measures.  
Temporary Regulatory Position Statements
The NIEA recognises that there may be disruption to businesses, and in particular waste management services, throughout the Coronavirus (COVID-19) crisis, and has produced temporary COVID-19 Regulatory Position Statements (RPSs) to help during this period. The RPSs have been produced with the expectation that businesses will ensure that any impacts on the environment are minimised.  

The RPSs are documents which set out circumstances in which NIEA will not normally take enforcement action for a regulatory non-compliance in a specific situation so long as the conditions of the RPS are met. Each of the temporary RPSs sets out when they apply and the strict conditions which businesses must comply with if they are to be used. They do not exempt businesses from other regulatory and legal requirements.  
Key RPSs for businesses
Temporary arrangements for movements of hazardous waste during COVID-19 pandemic 
This applies to anyone who produces, handles, carries or disposes of hazardous waste in Northern Ireland. In normal circumstances, hazardous waste consignment notes (HWCNS) are available for purchase from the NIEA. 

Hazardous waste consignment notes: At this time paper consignment notes will not be sold, and businesses should print their own versions. A template for use is available upon request through email from [email protected].  

Hazardous waste consignment codes/numbers: The requirement to purchase a unique consignment note code/number for each consignment of hazardous waste remains. This should also be done through emailing [email protected] and requesting numbers rather than consignment notes.  

Signing HWCNs: The RPS removes the requirement to sign the note if any party chooses not to in order to avoid the risk of contamination and maintain social distancing. If this is the case, then ‘COVID-19’ and the name of the receiver should be written on the note by the waste holder. 

Collection dates: In normal circumstances, hazardous waste must be collected within one month of notifying the NIEA. For the duration of this RPS you will be allowed to collect hazardous waste later than one month after notification. In this case you should write ‘COVID-19’ on the note along with the actual date of collection. 

A copy of all completed hazardous waste consignment notes must be sent electronically to the NIEA at [email protected].  
Covid-19 Regulatory Position Statement – The Producer Responsibility (Packaging Waste) Regulations (Northern Ireland) 2007 and amendments 
This applies to NIEA direct registrant obligated packaging producers.  

If you register directly with the NIEA you usually need to submit packaging waste data that is as accurate as reasonably possible, obtain sign-off from a company director or delegated authority, and pay the required registration fee(s) to the NIEA by 7th April each year. Failure to do so would normally result in the NIEA refusing your direct registration application, thus requiring that you join an approved Producer Compliance Scheme (PCS) in order to comply and late data submission fees. 

If, however, you are unable to meet these requirements due to issues resulting from the Coronavirus (COVID-19) pandemic, under this RPS you can: 

• make a late application for direct registration with NIEA (and not be required to join a PCS); 
• submit packaging data that is either as accurate as reasonably possible, or, if this is not an option for you currently, submit estimated data as part of your application; 
• submit a director’s or delegated authority’s signature separately via email as part of your application; 
• pay the required registration fee(s) as soon as possible following data submission; and 
• if you submit estimated data as part of your application, you may either resubmit accurate data as soon as reasonably possible (in which case the £220 resubmission fee will be waived) or allow your estimated data to stand for the year.  

For this RPS to apply you must get written permission from the NIEA Producer Responsibility team. You can contact them by email at [email protected] or by phone on 028 9056 9338. 

 Both RPSs detailed apply until 30th June 2020 unless the NIEA extend them. It is advised to regularly check the NIEA waste regulations website for any changes to RPSs and their applicability.  

 As the situation with the Coronavirus (COVID-19) pandemic continues to unfold it is likely that we will see further changes to the way businesses operate and are regulated. Look out for future blog posts where The Compliance People will keep you up to date with what is happening, and what this means for you and your business.  

In response to the disruption caused by Coronavirus (COVID-19), the Environment Agency (EA) is having to adapt the way in which it operates and regulates business. With most frontline staff now working from home and only visiting sites that could cause serious environmental harm, normal regulatory requirements have been largely relaxed in an effort to avoid increasing risks to the environment or human health during the current situation.

In an Operational Update released at the beginning of the month, the EA stated that it would greatly reduce its regulatory inspections and only respond to the most serious of pollution incidents.
Temporary Regulatory Position Statements
To help business cope with disruption, it has published several temporary COVID-19 regulatory position statements (COVID-19 RPSs). The COVID-19 RPSs set out how the EA will not seek to enforce certain aspects of the environmental permitting regime in specific circumstances directly related to Coronavirus (COVID-19).

Each of the temporary COVID-19 RPSs sets out when they apply and the conditions which businesses must comply with. They do not exempt businesses from other regulatory and legal requirements, and it is advised to regularly check the EA website for any changes to RPSs and their applicability.

If you intend to use a COVID-19 RPS, you must comply with:

• its specific conditions – including any requirements to notify the EA, or gain approval to use the RPS; and
• requirements concerning pollution and harm to human health.

If these conditions are met the EA states that it will not normally take enforcement action against the business operating under the RPS.

 
Key COVID-19 RPSs for businesses
Social distancing when signing and handing over waste transfer and consignment notes in person: RPS C8  
This applies to those who use paper waste transfer notes and consignment notes, or an electronic system that requires a digital signature on a handset. Under this RPS you don’t have to sign and hand over paper copies of waste transfer and consignment notes in person or get a digital signature on a handset. This is to allow social distancing measures to be followed.  

When you transfer your waste, for each waste transfer and consignment note, you must meet six conditions: 

• Condition 1: The appropriate person must still complete the relevant sections of the waste transfer note or consignment note for each transfer of waste. There is no longer the requirement to sign it; instead the responsible person should provide their full name and business contact details.  This includes a telephone number, an email address or a postal address (or all 3). 
• Condition 2: When transferring or receiving waste, you no longer need to physically hand over the waste transfer or consignment note. You must still however provide all the information and data normally required in a note. This must be done before or during the transfer. 
• Condition 3: For each waste transfer you must send or receive the completed paper copy (without the signature) of the waste transfer or consignment note. You must do this as soon as possible and not later than 10 days after the waste transfer. 
• Condition 4: You must keep a record of any waste you transfer or receive during the period you use this COVID-19 RPS. These records must include all the information and data required by the waste transfer note and consignment note. 
• Condition 5: All other requirements for transferring or consigning waste must still be complied with.  
• Condition 6: You must make sure your activities do not endanger human health or the environment. 

This COVID-19 RPS will be withdrawn on 30 September 2020 unless the EA extend it.  
COVID-19 and packaging waste: registering as a packaging producer: RPS C9  
This applies to obligated packaging producers who have been unable to meet the requirements due to Coronavirus (COVID-19).  

Obligated packaging producers are usually required to register with the EA directly or through a compliance scheme on or by 7th April each year and provide complete and accurate information on registration. Failure to do so in normal circumstances would lead to potential enforcement action and late submission charges.  

However, if you have been unable to register or provide accurate information as a result of the pandemic under this RPS the EA will not take enforcement action or charge an additional fee if you are able to meet the limitations and conditions set out: 

• Registration: if you have been unable to register you must document why this was the case and register as soon as reasonably practicable, and no later than 7 July 2020. Documentation detailing reasons for late registration must be retained for 12 months and be made available to the EA on request.  
• Information provided: if information you have provided is incomplete or inaccurate, you must document why this was the case and supply the correct information as soon as reasonably practicable, and no later than 7 July 2020. Documentation detailing reasons for late registration must be retained for 12 months and be made available to the EA on request.  

This COVID-19 RPS will be withdrawn on 8 July 2020 unless the EA extends it. 
COVID-19 and delaying hazardous waste consignee returns: RPS C14 
This applies to those who receive or dispose of hazardous waste and are required to send quarterly consignee returns under the Hazardous Waste (England and Wales) Regulations 2005 as amended and waste producers who receive consignee returns. Under this RPS, consignee returns due on 30 April 2020 may be submitted after this date if you cannot comply with the reporting deadline due to Coronavirus (COVID-19). For this RPS to apply you must comply with the following conditions: 

• You must send your quarterly consignee returns, due on 30 April 2020, to the EA and the waste producer or holder as soon as reasonably practical, and no later than 31 July 2020. 
• You must record and document fully why you needed to use this RPS and could not meet the deadline of 30 April 2020. These documents must be retained for 2 years after this RPS has expired (including any extensions to it). 
• You must ensure that all records in relation to the above are made available to the EA upon request. 

For waste producers, it is recommended that you reference this RPS and document why any consignee returns have not been received by the 30 April 2020 deadline and retain any communications with your waste contractor relating to this.  

All other requirements for hazardous waste will still need to be complied with. You must still consign hazardous waste, and you may still require other permits, licences and registrations for activities that you carry out. 

This COVID-19 RPS will expire on 31 July 2020 unless the EA extend it. 

As the situation with Coronavirus (COVID-19) continues to unfold it is likely that we will see further changes to the way businesses operate and are regulated. Look out for future blog posts where The Compliance People will keep you up to date with what is happening, and what this means for you and your business.  

The Scottish Environment Protection Agency (SEPA) has set out a number of ways in which it is helping businesses adjust and adapt to the extraordinary circumstances posed by the Coronavirus (COVID-19) pandemic.  

It has issued a COVID-19 philosophy that acknowledges the constraint on most businesses resources and capacities at this time. It identifies the priorities to focus on and the impact on the regulator’s core functions of compliance, enforcement, monitoring and licensing during the pandemic.   

SEPA has set out its approach to regulation during the Coronavirus (COVID-19) pandemic in its overarching guidance. It has greatly reduced regulatory inspections on site, instead saying that it will “continue to use a variety of means of checking compliance including phone calls, issuing written advice, remotely managed technologies such as drones, targeted site and field visits and other forms of intelligence gathering”.  
Changes to the Compliance Assessment Scheme for 2020
The existing Compliance Assessment Scheme for 2020 has been suspended in recognition of the practicalities of the current circumstances. Businesses will therefore not be scored and assessed for any permit non-compliances in line with the scheme for the remainder of the year. However, if businesses are unable to meet their compliance obligations due to the Coronavirus (COVID-19) pandemic they are advised to 

• prioritise compliance with conditions that directly protect the environment;
• liaise with SEPA as soon as possible; and
• keep a record of any decisions made.   

Temporary Regulatory Position Statements
A number of temporary Regulatory Position Statements (RPSs) have been issued to help businesses avoid potential enforcement action as a result of difficulties created by the Coronavirus (COVID-19) crisis.  

RPSs set out how SEPA will not seek to enforce certain aspects of the environmental permitting regime in specific circumstances directly related to Coronavirus (COVID-19). Each of the temporary RPSs sets out when they apply and the strict conditions which businesses must comply with if they are to be used. They do not exempt businesses from other regulatory and legal requirements.  

To benefit from the use of an RPS, SEPA states that you must: 

• have made best endeavours to meet your environmental obligations;   
• adequately manage any risks of harm to the environment or human health arising from the non- compliance; 
• comply with the conditions attached to a temporary regulatory position; and 
• continue to meet all other permit conditions and/or other environmental regulatory requirements not covered by a temporary regulatory position. 

Key RPSs for businesses

COVID-19 – Producers Responsibility (Packaging) Payment of Late Registration Fees 

This applies to obligated packaging producers who have been unable to pay SEPA producer registration fees for the 2020 compliance period due to financial difficulties during the Coronavirus (COVID-19) situation.  

If you are a member of a compliance scheme, you have three months from the date of the RPS (23rd April 2020) to pay membership fees to your registered compliance scheme and remain compliant. If you register directly with SEPA, you have the same period by which to pay the required fees.  

All other regulatory conditions must still be met.  

COVID-19- Waste Management Temporary Regulatory Guidance Response  

This applies to all elements of waste management, including permitted waste facilities, duty of care, waste transfer notes and special waste consignment notes. 

Movements of non-hazardous waste:

The RPS stipulates that as far as possible remote electronic systems should be used, such as email correspondence to record waste transfers.  

Where paper notes are the only option, both parties should keep their own copy of the transfer note containing the relevant details, including the name of the person who would normally sign it and mark it with ‘CV19’ instead of a physical signature. The statutory requirement to retain copies for two years remains.  

Movements of special waste:

For transfers of special waste, you are still legally required to include a SEPA issued SA/SB/SC code on your note or buy pre-coded paper notes directly from SEPA.  

If you have a stock of SEPA–issued paper special waste consignment notes (SWCNs), you may not wish to use them, as they require signatures from multiple people.  

SEPA is currently unable to sell pre-coded paper SWCNs due to the closure of its offices. Instead, you can create and use your own paperwork for special waste consignments. If this is the case, you should contact SEPA to discuss the requirements.  To help, SEPA has produced an editable PDF version of a consignment note to use.   

Each movement must still be accompanied by a unique code supplied by SEPA. These codes can currently be purchased by:   

• paying via a credit card on the SEPA payments website, with the SWCN codes issued alongside your receipt;  
• emailing [email protected] for SC codes for extended carrier rounds or landings of offshore waste; or 
• emailing [email protected] to pay by Purchase Order or BACS. 

The RPS allows you to pass SWCN paperwork electronically (via email or other means) between parties. However, SEPA’s preferred option is for parties to use electronic signatures provided by the parties involved. Where this is not possible the code “CV19” should be used in place of missing signatures.  

In either case, all parties must be clearly identified, and contact details provided. For example, the carrier could complete all sections on behalf of the parties and include CV19 instead of the relevant signatures. The carrier would then email the completed note to all the relevant parties and to SEPA.   

The requirement within the regulations to submit the Deposit copy to SEPA must still be met under the conditions of the RPS. It is not possible to send them to SEPA offices at this time so all copies should be emailed to [email protected] . 
Other RPS
A list of all the RPSs issued by SEPA in relation to the Coronavirus (COVID-19) pandemic can be found on its COVID-19 Hub. 

The terms of any temporary RPS may be varied or withdrawn by SEPA at any time. SEPA will generally provide notice in advance of its intention to vary or withdraw any RPSs but may do so without providing notice. It is therefore advised to regularly check the SEPA website for any changes to RPSs and their applicability.   

As the situation with the Coronavirus (COVID-19) pandemic continues to unfold, it is likely that we will see further changes to the way businesses operate and are regulated. Look out for future updates where The Compliance People will keep you up to date with what is happening, and what this means for you and your business.  

Natural Resources Wales (NRW) has set out its response to the coronavirus (COVID-19) pandemic, stating it “will continue to help and support regulated operators and individuals to understand and comply with environmental regulations through these challenging times”. With most staff now working from home, regulatory visits will be focussed on priority sites. Compliance will be assessed through phone calls and alternative methods of gathering intelligence.  

NRW has issued fewer direct positions on potential non-compliances than other UK regulators; instead stating that it will take a “proportionate and reasonable approach to how it will assess compliance during this public health emergency.”  

Businesses and individuals are expected to continue to comply with environmental regulations and their permit conditions. This includes developing contingency plans and putting appropriate measures in place to ensure that all reasonable actions are taken to mitigate potential issues or non-compliances.  
If you can’t follow meet your compliance obligations
If businesses are unable to meet their compliance obligations due to Coronavirus (COVID-19) they are advised to follow these guidelines:  

• Inform NRW of the issues and how they are being managed at the earliest opportunity. 
• Prioritise compliance with permit conditions that directly protect the environment. 
• Take all practicable measures to prevent and minimise any harm to the environment or risks to public health. 
• Keep clear and comprehensive records of any decisions made and actions taken. 

If these guidelines are met, NRW claims it will take a proportionate approach towards enforcement action, and work with businesses to find the best options to protect the environment. 
Temporary Regulatory Decisions
NRW has also issued a limited number of Regulatory Decisions (RDs) which state that in certain circumstances businesses will avoid potential enforcement action for non-compliances that occur as a result of difficulties created by the Coronavirus (COVID-19) pandemic. An RD means that NRW will not normally take enforcement action against you provided:  

• your activity meets the description set out in the RD; 
• you comply with the conditions set out in the RD; and 
• your activity does not, and is not likely to, cause environmental pollution or harm human health. 

Each of the temporary RDs sets out when they apply and the strict conditions which businesses must comply with if they are to be used. They do not exempt businesses from other regulatory and legal requirements.  
Key RD for businesses  

RBB-C19-004: Providing signatures on waste documentation during the Coronavirus pandemic 

This applies to the requirements for transfers of non-hazardous and consignment of hazardous waste.  

Waste producers and carriers usually need to provide a signature on the documentation recording transfers and consignments. However, if you follow the conditions in this RD, you are able to complete the transfer or consignment without providing signatures.  

A waste holder will not be required to sign documentation if the following conditions are met: 

• All the other information required in the waste transfer note/hazardous waste consignment note is recorded as usual, including the names of the persons involved in the transfer of waste. 
• A record is made if any signatures were not completed. This can be either on the waste documentation itself or in a separate record. Written confirmation will also be required through email with information on each person involved in the waste transfer, their contact details and the date. 
• All waste documentation must still be retained for two years for non-hazardous waste transfers and three years for hazardous waste consignments. 
• Hazardous waste returns should be sent to producers as usual to ensure receipt at the correct site. 

This RD remains in place until 30th June 2020 when it will be reviewed. 

 It is advised to regularly check the NRW website for any changes to RDs and their applicability.  NRW is yet to publish all the RDs on its website but will do in the near future.  

 As the situation with Coronavirus (COVID-19) continues to unfold it is likely that we will see further changes to the way businesses operate and are regulated. Look out for future updates where The Compliance People will keep you up to date with what is happening, and what this means for you and your business.