WAMITAB - Chartered Institution of Wastes Management Waste Management Legislation Questions and Answers — Questions and Answers
Question 1: Under the Environmental Protection Act 1990, Section 34, what is the 'Duty of Care' primarily concerned with?
- Ensuring all waste is disposed of at the nearest available landfill site.
- The legal responsibility for controlled waste from its production to its final disposal. (Correct answer)
- Mandating that all businesses must recycle a minimum of 75% of their waste.
- The requirement for waste producers to register with the local authority annually.
Correct answer: The legal responsibility for controlled waste from its production to its final disposal.
Section 34 of the Environmental Protection Act 1990 establishes the 'Duty of Care'. This places a legal responsibility on anyone who produces, imports, keeps, stores, transports, treats, or disposes of controlled waste to take all reasonable steps to manage it correctly. This 'cradle-to-grave' responsibility ensures waste is handled safely and only transferred to authorised persons.
Question 2: A construction company finishes a small project and needs to remove non-hazardous waste. The site manager arranges for a local company to collect it. To comply with the Duty of Care, which document is essential for this transfer?
- A Hazardous Waste Consignment Note
- A Site Waste Management Plan
- A Waste Carrier's Licence
- A Waste Transfer Note (Correct answer)
Correct answer: A Waste Transfer Note
A Waste Transfer Note (WTN) is a legal document required for every transfer of non-hazardous waste from one party to another. It provides an audit trail and describes the waste, its quantity, and details of the producer and the authorised person collecting it. A Hazardous Waste Consignment Note is for hazardous waste, a Site Waste Management Plan is a broader project document (and no longer a legal requirement in England), and while the carrier must have a licence, the document for the specific transfer is the WTN.
Question 3: The Waste (England and Wales) Regulations 2011 legally mandates the application of the waste hierarchy. Which of the following lists the top three tiers of the hierarchy in the correct order of preference?
- Recycling, Recovery, Prevention
- Disposal, Recycling, Reuse
- Prevention, Preparing for Re-use, Recycling (Correct answer)
- Reuse, Recovery, Disposal
Correct answer: Prevention, Preparing for Re-use, Recycling
The Waste (England and Wales) Regulations 2011 formalised the waste hierarchy into law. The hierarchy ranks waste management options according to what is best for the environment. The correct order of preference starts with Prevention (most favoured), followed by Preparing for Re-use, then Recycling.
Question 4: For how long must a producer of non-hazardous commercial waste retain copies of their Waste Transfer Notes?
- A minimum of 6 months
- A minimum of 1 year
- A minimum of 2 years (Correct answer)
- A minimum of 5 years
Correct answer: A minimum of 2 years
The legal requirement under the Duty of Care regulations is to keep copies of all Waste Transfer Notes for a minimum of two years. This ensures that an audit trail is available for inspection by regulatory bodies like the Environment Agency.
Question 5: Which of the following waste streams would legally require a Hazardous Waste Consignment Note for its transfer, according to the Hazardous Waste (England and Wales) Regulations 2005?
- Empty plastic food packaging from a staff canteen.
- Used fluorescent tubes from an office refurbishment. (Correct answer)
- Cardboard and paper from office administration.
- Green waste from landscape maintenance.
Correct answer: Used fluorescent tubes from an office refurbishment.
Used fluorescent tubes contain mercury and are classified as hazardous waste. The Hazardous Waste (England and Wales) Regulations 2005 mandate that any movement of hazardous waste must be accompanied by a correctly completed Hazardous Waste Consignment Note. The other options are examples of non-hazardous waste.
Question 6: A business transports its own non-hazardous waste to a registered disposal facility. According to UK legislation, what must this business hold to legally perform this activity?
- An Environmental Permit for disposal
- A Waste Exemption Certificate
- A Waste Carrier Licence (Correct answer)
- A Scrap Metal Dealer Licence
Correct answer: A Waste Carrier Licence
Any business that transports waste, including their own, as part of their commercial activities is required to be registered as a waste carrier. The Environment Agency (or equivalent body in other UK nations) issues Waste Carrier Licences. An Environmental Permit is for operating a facility, and a Scrap Metal Dealer Licence is specific to that trade, though a waste carrier licence would also be needed.
WAMITAB - Chartered Institution of Wastes Management Waste Management Legislation Questions and Answers
Under the Environmental Protection Act 1990, Section 34, what is the 'Duty of Care' primarily concerned with?