An expert from leading sustainable waste management company Biffa is advising manufacturers to review their hazardous waste disposal processes to avoid costly fines and legal repercussions from the Environment Agency. Mishandling hazardous waste—even unintentionally—can result in significant penalties, with some businesses facing fines exceeding £1 million.
The risk of non-compliance
Under the Environmental Protection Act 1990, businesses handling hazardous waste must follow strict regulations to prevent contamination of people, animals, and the environment. Failure to comply can result in formal warnings, prosecution, or civil sanctions such as stop notices.
Unlike businesses in Wales, companies in England, Scotland, and Northern Ireland are not required to register as hazardous waste producers. However, they have a legal ‘Duty of Care’ to ensure their waste is stored, transported, and disposed of safely through an authorised waste management provider—or risk facing financial penalties.
Grace Wild, Hazpack Chemist at Biffa, explains:
“Many businesses may not realise that improper disposal of hazardous materials—even due to lack of awareness or training—can lead to significant fines or legal action. If your waste is toxic, corrosive, reactive, or flammable, it is likely hazardous and must be handled accordingly.
“Identifying and classifying waste correctly is the first step. Working with a professional waste management provider, like Biffa, ensures businesses stay compliant while reducing their environmental impact.”
Some business owners may find themselves in trouble due to confusion over whether their waste is hazardous. Hazardous waste covers chemicals and pesticides, asbestos, oils (except edible ones), and equipment containing ozone-depleting materials, such as aerosols or batteries. Consider the properties of the waste materials; if it could be considered toxic, corrosive, reactive or flammable, the likelihood is it’s hazardous.
Grace Wild continues, “Building confidence in what hazardous waste is – and how to identify it – is key to avoiding confusion.”
Familiarising yourself with the Environmental Agency’s waste classification guide will enable you to judge more confidently whether your waste is hazardous. The guide also enables you to confidently classify your waste with List of Waste (LoW) codes, which you’ll need to give your waste contractor.
How to Stay Compliant
Your hazardous waste must be accompanied by a consignment note from end to end during the process. If you hold or produce hazardous waste and do not correctly document it, you may incur a fine, which goes against your duty of care. Producers must keep these records for three years, while carriers need to retain them for one year.
If you plan on transporting your business’ waste to an authorised facility for disposal, you need to register as a waste carrier. If you fail to do this and continue transporting hazardous waste, you can face an unlimited fine. Cases involving mismanagement of hazardous waste have seen fines of over £1 million.
Businesses that produce hazardous waste must ensure they comply with all these regulations in their operations. Ensuring you are working within waste legislation as a producer and that you have up-to-date consignment notes can keep you and your business in the green and save you from on-the-spot fines.
If you are unsure whether the materials you handle are hazardous waste, ask your waste management provider for help. At Biffa, our team of mobile chemists will visit your site and offer support with identification, packaging, and safe removal and treatment of hazardous wastes. We can also offer training to simplify your regulatory obligations regarding the handling of hazardous waste.
Steve Dorrington, Britvic GB, Process Lead Engineer, shares his experience working with Biffa:
“Biffa’s team of technical experts seamlessly handled Britvic’s liquid waste, with support in waste management transferal documents, identification, and efficient tanker collection and recycling. Biffa helped with process alignment focused on recovering as much of the waste as possible, all while guaranteeing environmental compliance and safe disposal.”
Beyond Compliance
Businesses can explore sustainable waste solutions to repurpose materials and support circular economy initiatives. For example, Biffa’s dedicated aerosol recycling facility transforms used aerosols into reusable materials, while repurposed oil tanks can be used for heating new oil.
The advice comes as Biffa launches its refreshed Manufacturing Waste Solutions proposition, objectively examining every facet of manufacturers’ processes, including hazardous waste, and identifying areas for improvement to ensure businesses remain compliant and deliver more value from their waste.
To find out more about Biffa’s hazardous waste services, visit: Hazardous Waste Management Solutions Near You – Biffa