Special Waste Amendment (Scotland) Regulations 2004

These Regulations amend The Special Waste Regulations 1996 and provide a definition for special waste that aligns itself with the term Hazardous Waste.

It also introduces some ‘new’ Special Wastes following the revision of the European Waste Catalogue (EWC) list. Another significant difference is that not all prescription medicines will be special waste in Scotland (as they were previously).

Aside from the above the 2004 amendments make very few changes to the existing regulatory regime[1].

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Overview

The Special Waste Amendment (Scotland) Regulations 2004 updated Scottish hazardous waste tracking and management. They require producers of "special waste" (hazardous waste) to strictly segregate materials, use official Scottish Environment Protection Agency (SEPA) consignment notes, and retain those records for at least three years.

Key provisions for waste producers include:

  • Segregation Mandate: You must separate special waste from other substances as soon as reasonably practicable if it is already mixed, provided it is technically and economically feasible.
  • Packaging and Labelling: Wastes must be properly packaged and labeled during collection, transport, and temporary storage in line with dangerous goods carriage regulations.
  • Consignment Notes: Every transfer of special waste requires a consignment note issued or authorized by SEPA. These must include the 6-digit European Waste Catalogue (EWC) code and the waste producer’s postcode.
  • Record Keeping: Producers must keep a formal register of their waste quantities, nature, destinations, and consignment notes for a minimum of 3 years.