Guidance – HWR05 Record keeping
Record keeping
A guide to the Hazardous Waste Regulations
CHANGE LOG: HWR05 – Record keeping
Version
number
Date of
publication
4.0
April 2009
5.0
April 2011
Changes
Changed document to a two column format. The number of pages has been
reduced from 20 to 10.
Section 2 – in the first bullet point the reference to multiple consignment note and
associated annex has been removed.
Section 2.2– removed second paragraph regarding multiple consignment notes
and third paragraph updated the name of the guidance document to ‘HWR03
consignment notes’.
Section 3 – removed term multiple and annex from first bullet point.
Section 3.2 - removed term ‘ annex to multiple consignment note’ from first
paragraph.
New section 4 added coving dealers and brokers requirements and reordered
subsequent sections.
Old section 4.2 (now 5.2) – first bullet point removed term multiple and annex as
well as from the second paragraph.
Section 4.3.5 (5.3.5) – Added in text to explain that only landfills must now keep
records for the life of the permit, as oppose to other sites that only need to keep
them for five years.
4.4.5 (5.4.5) – Updated text as non-landfills only need to keep records for five
years.
4.6 (5.6) – Document HWR04A has been renamed ‘Sending an electronic return’
6.2 (7.2) second paragraph – reworded example to make it clear that only landfills
will have to keep special waste consignment notes as these were required by old
regulations that were replaced over five years ago.
Section 7.2 – deleted text requiring records to be kept under special waste
regulations and associated footnote.
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Guidance – HWR05 Record keeping
Appendix A – New meaning of H13 added and old H13 definition move to H15.
Removed footnote from this appendix as no longer relevant.
Appendix D – removed definition for business day, directive waste and waste
directive. Added definitions for dealers and brokers and reworded meaning of
permit.
6.0
June 2011
Section 5.3.5 – Amended text to explain that only landfills have to keep
consignment notes for the life of the permit.
Section 5.4.5 – Amended text to state that non-landfills only have to keep
consignment notes for five years.
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Guidance – HWR05 Record keeping
Record keeping
A guide to the Hazardous Waste Regulations
1 Aims
This section also provides guidance on:
The Hazardous Waste Regulations (the Regulations 1 )
require that when hazardous waste is moved from
one premises to another that a record is kept in a
chronological register.
Page
2.3
Consignee returns to the producer or
holder
The consignee is required to send you a return each
quarter. This return is a record of what has happened
to your waste and must be placed in your register. If
you do not have these returns your register will be
incomplete.
9
Where your waste contractor has not provided you with
returns you should:
10
Introduction: The register
A producer, holder and consignor must keep a
register that records when hazardous waste is moved. This
register should contain certain hazardous waste
records. This requirement is usually met by keeping
copies of both:
•
consignee returns to the producer or holder.
rejected loads
•
carrier schedules.
request them in writing from the waste contractor
(see section 6);
•
if this is unsuccessful you should consider making
alternative arrangements for your waste until your
waste contractor complies with the law, and pass
their details to the Environment Agency.
(i) a form of the type provided in the Regulations and
reproduced in Appendix C of this document;
(ii) a copy of the consignee’s copy of each
consignment note, together with a description (or
confirmation) of the method of disposal or
recovery applied to the waste. The latter is
required because the disposal or recovery part of
a consignment note is completed on arrival at the
destination site, i.e. before disposal or recovery
actually occurs.
These returns contain the information on the quantity,
nature, origin, destination, frequency of collection, mode
of transport, waste carrier and the disposal or recovery
operation applied, to the waste received, that are
required by the Regulations.
1
The Regulations are:
the Hazardous Waste (England and Wales) Regulations 2005
(HWR) as amended;
•
the Hazardous Waste (Wales) Regulations 2005 (HWR) as
amended.
These regulations came into force in July 2005.
•
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•
The return may be provided in two ways:
Where relevant, the register should also contain records
of:
•
Consignment notes
Guidance on consignment notes and their completion is
provided by HWR03 Consignment Notes.
1
2
2
3
5
5
7
8
2 Responsibilities of producers, holders
and consignors
consignment notes
how long records should be kept.
Your register must contain information on the quantity,
nature, origin, destination, frequency of collection,
mode of transport of the waste removed and details of
the waste carrier. If properly completed, consignment
notes will meet these requirements.
Contents:
•
•
When hazardous waste leaves your premises a
consignment note is completed. Your carrier must leave
a copy of the note with you when they remove the
waste.
It only applies to waste in England and Wales, and is
part of a series of documents that explain how the
Hazardous Waste Regulations work.
2.1
where the register should be kept;
2.2
You will need to read this document if you are a
producer, holder, consignor of hazardous waste, or you
either carry, collect, receive, deal in or broker hazardous
waste.
Producers, Holders and Consignors
Carriers
Dealers and Brokers
Consignees
Information: Rights and Duties
Form of Records and Special Waste
Appendix A Hazardous Properties
Appendix B Disposal and Recovery Operation
Codes
Appendix C Consignee’s Return to Producer or
Holder
Appendix D Glossary of Definitions and
Abbreviations
•
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Guidance – HWR05 Record keeping
2.4
Rejected loads and carrier schedules
3 The carrier
Rejected loads - consignee’s sometimes reject
consignments of hazardous waste. When this happens
they must send you an explanation. A new consignment
note will be completed to move the waste elsewhere.
A copy of this note should also be provided to you. A
copy of any new consignment note and the consignee’s
explanation must be kept in your register.
3.1
Carriers schedules – this document is needed where
more than one carrier is involved in the transport of
the waste. A copy of the schedule of carriers must be
provided to you before the waste is removed from
your premises. This must be kept in your register.
2.5
Introduction: The register
The Carrier must keep a register. This register should
contain certain hazardous waste records. This
requirements are usually met by keeping copies of:
•
consignment notes
•
rejected loads
•
carrier schedules.
This section also provides guidance on:
Where should I keep my register ?
•
where the register should be kept;
•
how long records should be kept for.
If you are the waste producer or holder:
3.2 Consignment notes
(i) Notified premises: if the waste was removed from
a notified premises then you must keep the register
at that premises.
The completed consignment note and, those received
from the consignee should be placed in your register.
The register must contain information on the quantity,
nature, origin, destination, frequency of collection,
mode of transport of the waste removed, details of
the waste carrier and the disposal or recovery operation
intended. If properly completed, consignment notes will
meet these requirements.
(ii) Exempt premises: if the waste was removed from
a premises exempt from notification; then you must
keep the register at your principal place of
business. If you wish to keep it somewhere else
you must agree this in writing with us.
3.3
(iii) Unoccupied premises: if you no longer occupy the
premises then you should move the register to your
principal place of business. If you wish to keep it
somewhere else you must agree this in writing with
us.
Rejected loads and carrier schedules
Rejected loads - consignees sometimes reject
consignments of hazardous waste. When this happens
they must provide you with an explanation. A new
consignment note will be completed to move the waste
elsewhere. A copy of this note should also kept by
you. A copy of any new consignment note and the
consignee’s explanation must be kept in your register.
If you are the waste Consignor, but are not the waste
producer or holder:
(iv) The register must be kept at your principal place of
business.
The producer or holder are also required to keep their
own register in this case.
Carriers schedules – this document is needed where
more than one carrier is involved in the transport of
the waste. A copy of each completed schedule of the
carriers must be kept in your register.
2.6
3.4
How long should I keep my register ?
The register must be kept for at least three years.
Where should I keep my register?
You must keep the register of carriers records at your
principal place of business.
The three years starts from date the waste was
removed from your premises by a waste carrier.
3.5
How long should I keep my register?
Some producer premises may have disposal
operations on site. In this case the time period starts
from the date of disposal (section 2.7 provides further
details).
The register must be kept for at least 12 months after
the date of delivery of the waste to its destination.
2.7
4.1
4 Dealers and brokers
I dispose or recover of my own waste on
site, what should I do ?
The dealer or broker must keep a register. The
register must contain information on the quantity,
nature, origin, destination, frequency of collection,
mode of transport of the waste removed and details of
the waste carrier.
A dealer or broker is advised to make arrangements with
the producer or holder to obtain this information.
You must keep records of hazardous waste
disposed of or recovered on the premises of
production.
Depending on the method of disposal or recovery
used, you should meet the requirements set out in
section 5.3 or 5.4.
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4.2
Where should I keep my register?
D05 Specially engineered landfill
D06 Release into a water body except seas/oceans
You must keep the register at your principal place of
business.
4.3
D12 Permanent storage.
How long should I keep my register?
5.3.2
The register must be kept for at least three years after
the waste is transferred to the consignee.
In addition to the common record and register
requirements, you must keep a record of where each
waste was tipped or stored on a site plan, which is
either:
5 Consignees
5.1
Introduction : Records, registers and
returns
Consignees are subject to:
•
common record and register requirements (see 5.2);
•
requirements to keep records and registers that
depend on the recovery or disposal operation
applied to the waste (see 5.3 and/or 5.4);
•
•
marked with a grid
•
identifies where the deposits of wastes are shown in
relation to the contours of a landfill site.
All deposits marked on the site plan must be identified
by reference to both the:
•
consignment note code - the code on the
consignment note relating to each waste. Where
waste is deposited at the same premises at which
it was produced, there will be no consignment
notes. In this case, a reference should be made to
the entry that was included on the consignee
quarterly return. See our guidance on electronic and
paper consignee returns (HWR04A and HWR04C);
•
waste description – a full description of the waste,
including its components and List of Waste Code.
and must also send a return to the producer or
holder (see 5.5).
5.2
Common record and register
requirements
The Consignee must keep a register. This register
should contain certain hazardous waste records. This
requirements are usually met by keeping copies of:
•
consignment notes
•
rejected loads
•
carrier schedules.
5.3.3 How often must I make changes to the
register?
The register must be updated no later than 24 hours
after the receipt or deposit of the waste.
The completed consignment note received from the
carrier should be placed in your register.
5.3.4
Rejected loads - consignee’s sometimes reject
consignments of hazardous waste. When this happens
you must keep a copy of the original consignment note,
any written explanation prepared by you, and the new
consignment completed to move the waste elsewhere.
5.3.5 How long do I need to keep records in the
register?
You must keep records in a register until your permit is
surrendered or revoked. You must, at the time of
surrender or revocation, send them to us.
Landfills (D01, D05 and D12) must also keep their
consignment notes for this period.
Where the Consignee is also the Producer, Holder,
Consignor or Carrier records and registers required by
these roles must be kept as indicated in the relevant
sections of this guidance.
5.3.1
Other activities ( D02, D03 and D04) only have to keep
consignment notes for five years after the disposal or
recovery of the waste. It is important to note that you are
still required to keep all of the information stated in 5.3.2.
until the permit is surrendered or revoked.
Tipped (Discharged) hazardous waste
What does tipped or discharged mean ?
If you do not need a waste permit then you must keep
records in a register for at least three years from the
date of tipping/storage.
This means wastes tipped or discharged at a landfill
site or other permanent storage/repository. The
disposal operations covered by this are:
5.4
D01 Deposit into or onto land
Other disposal or recovery methods
5.4.1
D02 Land treatment
What does other disposal or recovery mean?
This means wastes handled, disposed of, or recovered:
D03 Deep injection
•
D04 Surface impoundment
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Where must I keep the register?
The register must be kept on the site where the wastes
have been deposited.
Carriers schedules – this document is needed where
more than one carrier is involved in the transport of
the waste. A copy of each completed schedule of the
carriers must be kept in your register.
5.3
What records must I keep?
5
by disposal operations other than those listed in
5.3.1, for example transfer, incineration or treatment;
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Guidance – HWR05 Record keeping
•
transfer station is operated.
any recovery operation.
5.4.2
5.4.5 How long do I need to keep records in the
register?
What records must I keep?
In addition to the common record and register
requirements, you must keep a record of each waste
accepted at the site. This must include the following
details:
You must keep records in a register until your permit is
surrendered or revoked. The exception is that
consignment notes only have to be kept for five years
after the disposal or recovery of the waste. It is important
to note that you are still required to keep all of the
information stated in 5.4.2. This mean that you still need
to keep records relating the origin of waste received, for
example, at your site for the life of the permit.
quantity - the total quantity for each waste accepted
must be provided in kilograms, preferably verified on a
weighbridge. If there is no weighbridge available this
should be the quantity shown on the consignment note.
If it is a liquid, the quantity should be expressed as
kilograms by converting the volume to its equivalent
weight.
If your site does not need a waste permit to recover or
transfer the waste then you must keep records in a
register for three years from the date the waste:
waste description and nature - full description of the
waste, including its components, hazardous properties
and List of Waste Code. Hazardous properties are in
Appendix A.
5.5.2
(ii) the consignee’s copy of each consignment note,
together with a description (or confirmation) of the
method of disposal or recovery applied to each
waste. The latter is required because the disposal
or recovery part of consignment note is completed
on arrival at the destination site, i.e. before disposal
or recovery actually occurs.
The consignee must indicate which disposal or recovery
operation is applicable to each waste.
If the actual method of disposal or recovery is different to
the one on the return you should inform the producer or
previous holder.
You must update the register within 24 hours of:
•
a waste being removed from the premises.
5.4.4
What is a return?
(i) a form of the type provided in the Regulations and
reproduced in Appendix C;
5.4.3 How often must I make changes to the
register?
other recovery, treatment or disposal of the waste;
Who must I send the returns to?
The return may be provided in two ways:
The inventory will be especially important if there is an
emergency at the site as it will enable emergency
services to know the types of waste at the site and
help them assess the risk posed by the emergency.
Because of this, it is essential that these records are
kept securely and are held in a designated area to
ensure their accessibility during any emergency.
•
Consignee’s returns to the producer or
holder
Where the consignor is the not producer or holder, the
return must be sent to the producer or holder. An
additional copy may also be sent to the consignor.
It may consist of a plan of the facility with the
locations referenced, or a table with a suitable
reference that is sufficient to locate any particular
waste. In all cases, the inventory must be able to
locate every hazardous waste on-site by crossreferencing via the relevant consignment note code.
For transfer station activities the inventory should cross
reference incoming and outgoing notes.
placing hazardous waste into storage at a transfer
station;
leaves the site.
You are required to send a return to the producer
or holder identified on the consignment note (Part A of
the consignment note). This tells them what has
happened to their waste.
inventory - this must show the locations where the
wastes are being held.
•
•
5.5.1
disposal or recovery method - for each waste, enter a
code that indicates which disposal or recovery operation
is applicable to it (the appropriate codes are shown in
Appendix B). If the method is not described by a code
listed in Appendix B then the code that provides the
closest description should be used.
receipt of a waste;
is fully recovered
5.5
origin - name, address and postcode of the premises
where the waste was produced or kept.
•
•
A list of disposal and recovery codes is provided in
Appendix B. If the disposal or recovery method is not
described by a code listed in Appendix B, then the
code that provides the closest description of the
disposal or recovery method should be used.
Where must I keep the register?
You must keep the register at the site where the
disposal or recovery operations take place or where the
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5.5.3
of those regulations;
When must I send returns?
•
You must send return forms, or copies of consignment
notes, to the producer or holder within one month of
the end of the quarter during which the waste was
accepted, i.e:
Quarter waste was accepted
Send by:
Q1 – 1 January to 31 March
Q2 – 1 April to 30 June
Q3 – 1 July to 30 September
Q4 – 1 October to 31 December
30 April
31 July
31 October
31 January
You have not provided this return.
As the waste producer I am requesting this
information as provided for by regulation 52. This
information must be supplied to me by dd/mm/yyyy.’
6.3
•
where the consignee is also the producer or holder;
•
where the waste has been legally received by
the consignee without a consignment note, e.g. a
separated fraction of hazardous domestic waste
arriving at a Civic amenity site.
5.6
•
HWR04B - a quick guide to the XML schema
•
HWR04C - providing consignee returns by paper.
7 Form of records and special waste.
7.1
7.1.1
The previous holder’s right to information
The producer, holder and carrier of a waste has a right
to know what happened to it after it left their
possession.
Electronic record keeping
Further information can be found on our website at:
To obtain this information, the previous holder should
send a written request to the consignee. This should
specify both the information they require and state by
when the information must be supplied. The minimum
time that you can give a consignee to complete a
requested is seven days.
http://www.environmentagency.gov.uk/business/topics/waste/34867.aspx
7.1.2 Security of records
It is the record holder’s responsibility to ensure that all
records are kept securely and are readily retrievable
at all times. Consignee’s records should be held in,
or be accessible from, a designated area, on the
consignee site, to ensure their accessibility during any
emergency.
Missing a consignee return?
A producer can write to a consignee, who has not
provided a consignee return, and indicate (for example):
‘As a consignee you are required, by regulation 54 of
the Hazardous Waste (England and Wales) Regulation
2005 to send me (the producer) a return that consists
of either:
•
Form of records and registers
Information may be kept in electronic form, e.g. a
computer database or other electronic file. It must be
capable of being reproduced in a form that is readily
understandable by any person who needs to see
them. Where the Regulations specify a form for the
information it must be capable of being reproduced in
that form.
6 Information: Rights and duties
6.2
to the emergency services if requested to do so.
A request for this information will be made in writing and
will specify the time within which the information must be
provided.
These, and other hazardous waste documents referred
to in this guide, may be found on our web-site at:
www.environment-agency.gov.uk/hazwaste
6.1
•
Where the information is held in electronic form then
you may be required to provide this in a suitable and
legible documentary form that is consistent with the
requirements of the regulations.
Consignees are also required to send quarterly returns
to us. This is covered by separate guidance
documents listed below:
HWR04A - sending an electronic return
to us if we request them
You must also supply information to us, as we
reasonably require, so we can carry out our regulatory
functions and to monitor the production, movement,
storage, treatment, recovery and disposal of hazardous
waste.
Consignee quarterly returns
•
•
You will be breaking the law if you fail to comply with
such a request.
The consignee does not need to send returns:
for wastes that they have rejected;
Duty to provide information
You must provide your records:
5.5.4 Are there any exceptions where the
consignee does not have to provide these returns?
•
a copy of the consignment note together with a
description of the method of disposal or recovery
undertaken.
a form corresponding to that set out in Schedule 8
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7.2
Records and registers of special waste
The Hazardous Waste Regulations replaced the Special
Waste Regulations.
If you have records of special waste movements you
must continue to keep them for the specified time
periods.
They must also be sent to us at the specified times,
for example a consignee who operates a landfill must
send them to us when their waste permit is surrendered.
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Appendix A Hazardous properties
Wastes on the List of Wastes are hazardous if they have one or more of the following hazardous properties:
H1
“Explosive”: substances and preparations which may explode under the effect of flame or which are more
sensitive to shocks or friction than dinitrobenzene.
H2
“Oxidizing”: substances and preparations which exhibit highly exothermic reactions when in contact with
other substances, particularly flammable substances.
“Highly flammable”
- liquid substances and preparations having a flash point below 21°C (including extremely flammable
liquids), or
H3A
- substances and preparations which may become hot and finally catch fire in contact with air at ambient
temperature without any application of energy, or
- solid substances and preparations which may readily catch fire after brief contact with a source of
ignition and which continue to burn or be consumed after removal of the source of ignition, or
- gaseous substances and preparations which are flammable in air at normal pressure, or
- substances and preparations which, in contact with water or damp air, evolve highly flammable gases in
dangerous quantities.
H3B
“Flammable”: liquid substances and preparations having a flash point equal to or greater than 21°C and
less than or equal to 55°C.
H4
“Irritant”: non-corrosive substances and preparations which, through immediate, prolonged or repeated
contact with the skin or mucous membrane, can cause inflammation.
H5
“Harmful”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin,
may involve limited health risks.
H6
“Toxic”: substances and preparations (including very toxic substances and preparations) which, if they are
inhaled or ingested or if they penetrate the skin, may involve serious, acute or chronic health risks and
even death.
H7
“Carcinogenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the
skin, may induce cancer or increase its incidence.
H8
“Corrosive”: substances and preparations which may destroy living tissue on contact.
H9
“Infectious”: substances and preparations containing viable micro-organisms or their toxins which are
known or reliably believed to cause disease in man or other living organisms.
H10
“Toxic for reproduction”: substances and preparations which, if they are inhaled or ingested or if they
penetrate the skin, may induce non-hereditary congenital malformations or increase their incidence.
H11
“Mutagenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the
skin, may induce hereditary genetic defects or increase their incidence.
H12
Waste which releases toxic or very toxic gases in contact with water, air or an acid.
H13
“Sensitizing”: substances and preparations which, if they are inhaled or if they penetrate the skin, are
capable of eliciting a reaction of hypersensitization such that on further exposure to the substance or
preparation, characteristic adverse effects are produced. [As far as testing methods are available].
H14
“Ecotoxic”: waste which presents or may present immediate or delayed risks for one or more sectors of
the environment.
H15
Waste capable by any means, after disposal, of yielding another substance, e.g. a leachate, which
possesses any of the characteristics above.
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Appendix B Disposal and recovery operation c odes
Disposal operations
Code
D01
Description
Deposit into or onto land
D02
Land Treatment
D03
Deep injection
D04
Surface impoundment
D05
Specially engineered landfill
D06
Release into a water body except seas/oceans
D07
Release into seas/oceans including seabed insertion
D08
Biological treatment not specified elsewhere which results in final compounds or mixtures
which are disposed of by any of the operations numbered D01 to D12
D09
Physico-chemical treatment not specified elsewhere which results in final compounds or
mixtures which are disposed of by any of the operations numbered D01 to D12
D10
Incineration on land
D11
Incineration at sea
D12
Permanent storage
D13
Blending or mixing prior to submission to any of the operations numbered D01 to D12
D14
Repackaging prior to submission to any of the operations numbered D01 to D13
D15
Storage pending any of the operations numbered D01 to D14 (excluding temporary storage
pending collection on the site where it is produced).
Recovery operations
R01
Use principally as a fuel or other means to generate energy
R02
Solvent reclamation/regeneration
R03
Recycling/reclamation of organic substances which are not used as solvents (including
composting and other biological transformation processes)
R04
Recycling/reclamation of metals and metal compounds
R05
Recycling/reclamation of other inorganic materials
R06
Regeneration of acids or bases
R07
Recovery of components used for pollution abatement
R08
Recovery of components from catalysts
R09
Oil refining or other re-uses of oil
R10
Land treatment resulting in benefit to agriculture or ecological improvement
R11
Use of wastes obtained from any of the operations numbered R01 to R10
R12
Exchange of wastes for submission to any of the operations numbered R01 to R11
R13
Storage of wastes pending any of the operations numbered R01 to R12 (excluding temporary
storage pending collection on the site where it is produced).
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Appendix C Form of consignee’s return to producer or holder
Hazardous waste producer returns form
1.
Consignee details
Name of consignee
2.
Postcode
Consignee hazardous waste i.d.
code
Date(a)
Waste return
Consignment Date
Mode of
note number received transport
Frequency
EWC
Hazards Physical
Quantity Mode of
of
code(s)
(d)
(kg)
form(e)
disposal/
Key:
(a) Date of submission of the return by the consignee.
(b) Where relevant.
(c) There may be more than one waste stream for each consignment note. All relevant EWC codes (List of Waste
Codes) must be recorded.
(d) Hazard: each individual EWC code may have more than one hazard. Each appropriate hazard for a particular EWC
code must be entered. Choose all of the appropriate hazards for the particular waste.
(e) Physical form (Gas, Liquid, Mixed, Powder, Sludge or Solid).
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Appendix D Glossary of definitions and
abbreviations
Definitions:
Broker (waste) means an undertaking arranging the
recovery or disposal of waste on behalf of others,
including such brokers who do not take physical
possession of the waste.
Carrier is a person who collects a consignment of
hazardous waste from the premises at which it was
produced or being held and delivers it to a consignee, or
transports it in the course if its transfer from those
premises to the consignee.
Consignee is the person to whom the waste is being
transported for disposal or recovery.
Consignor is the person who causes the waste to
be removed from the premises at which it is produced
or is being held.
Dealer (waste) means any undertaking which acts in the
role of principal to purchase and subsequently sell
waste, including such dealers who do not take physical
possession of the waste.
Holder is the producer of the waste and/or the person
who is in possession of it.
List of Waste Code is a 6 digit code listed in Schedule
1 of The List of Waste (England) Regulations 2005 and
the List of Waste (Wales) Regulations 2005 (LoWR).
This Schedule reproduces the codes found in the
European Waste Catalogue (EWC) - Commission
decision 2000/532/EC as amended.
Producer is the person whose activities produce
waste or a person who carries out pre-processing,
mixing or other operations resulting in a change in the
nature or composition of this waste.
Waste Permit is an authorisation given by a regulator
(such as the Environment Agency) to an operator to
carry out a particular waste activity.
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