List of Waste (England) Regulations 2005

These Regulations and all subsequent amending regulations have now been revoked. Information on all EWC codes in the UK is now being signposted to the EU List of Wastes from EU Decision 2000/532/EC [1] [2]

The European Waste Catalogue is made up of approximately 650 different codes divided into 20 chapters, each of which contains a number of sub-categories. Wastes that are considered to be hazardous are denoted by an asterisk in the list.

Each code is six digits and many codes are double entries where there will be a code for the non-hazardous version of the waste and another – with asterisk – for the hazardous version. There are also codes that end in 99 which are used for ‘waste not otherwise specified’. Generally, the Environment Agency does not like these to be used as a waste description on a Waste Transfer Note or Consignment Note [3].

The List of Waste (LoW) is the legal classification system used for classifying waste and identifying if a waste is hazardous waste. The list also has a set of legal instructions that explain how it has to be used. It is important these are followed because the structure of the list is designed to work with these instructions [3].

Chapters

The LoW is divided into 20 chapters, numbered 01 to 20 [3].

Some chapters are based on the type of industrial process or business activity that produced the waste. For example:

• Chapter 04: Wastes from the Leather, Fur and Textile Industries

Other chapters are based on the type of waste. For example:

• Chapter 13: Oil Wastes and Wastes of Liquid Fuels (except edible oils, and those in chapters 05, 12 and 19)

The titles of these chapters are important. The waste has to fall within the scope of the title to be considered within it.

Some titles, like that for chapter 13, also exclude certain wastes from that entire chapter.

Sub-chapters

Most chapters contain a number of subchapters.

These divide the chapter into sub-groups based on either industrial process and business activity, or type of waste.

Each sub-chapter is given another two digit number (creating a four digit number with the chapter number).

For example:

• Sub-chapter 04 02: wastes from the textile industry
• Sub-chapter 13 01: waste hydraulic oils

The sub-chapter title, like the chapter title, is also important.

Individual entries

Within each sub-chapter are the classification codes for individual wastes.

These are given an additional two digit number, to create a six digit number with the chapter and subchapter numbers. For example

• 04 02 16* dyestuffs and pigments containing hazardous substances

The description accompanying the code explains the scope of the code. It may do this in a variety of ways including references to the type of waste, the activity or process that produced it, its composition, or properties.

The LoW has legal instructions that explain how it must be used to ensure the correct code for a waste is identified. It is important to understand that the LoW is not a ‘look up’ list. To accurately identify the ‘appropriate’ code or codes for your waste it is important to:

• consider the entire list, rather than focussing on a single process chapter
• use the chapters in order of precedence specified in the instructions [3].
  

Step One look at Chapters 01 to 12 and 17 to 20.

These chapters refer specifically to an industry process or business activity that has produced the waste, and to municipal waste.

A business will typically have municipal wastes (chapter 20) and wastes from one or more processes or activities. A number of chapters will normally need to be considered.

Step Two If the waste falls into one of these chapters, and is listed there with one or more applicable entries, you should use the most appropriate code for your waste.

If no appropriate entry is found in chapters 01 to 12 or 17 to 20, then you should check chapters 13, 14 and 15 to see if the waste is listed there. ‘99’ codes from chapters 13, 14 and 15 may be considered.

These chapters contain subchapters and codes for:

• waste oils and fuels
• waste solvents and refrigerants
• waste packaging, absorbents, filter materials, wiping cloths and protective clothing

Step Three If there is no appropriate code or codes in chapters 01 to 15 or 17 to 20, the next step is to look in chapter 16. ‘99’ codes from chapters 16 may be considered.

Chapter 16 contains sub-chapters and codes for many general wastes such as:

• vehicles
• electronic equipment and batteries
• chemicals
• aqueous liquid wastes

Step Four '99' Codes - If a waste is from one of the industry processes 01 to 12 and 17 to 20, you can now use the 99 code that you were not able to use in Step 1. An example of a waste that is coded 99 is a separate fraction of municipal hygiene wastes (20 01 99).

You should still use the ‘most appropriate’ code, so shouldn’t use a 99 code if a more suitable alternative is available in another chapter of the LoW. For example amalgam waste from veterinary healthcare care should be coded 18 01 10*, even though that code relates to human healthcare, as it’s clearly suitable [3].

Step Five - In Steps 1 to 4 you should have selected one or more codes that may apply to the waste. You now need to look at the ‘entry type’ to work out what assessment is needed to select the correct code. In the list of waste there are four types of entry [3]:

• ‘absolute hazardous’ wastes
• ‘absolute non-hazardous’ wastes
• ‘mirror hazardous’ entries
• ‘mirror non-hazardous’ entries

  The six-digit codes in the LoW that are hazardous wastes have an asterisk (*) next to them.