The duty of care only applies to controlled waste hence it is necessary to ascertain whether the waste is controlled waste.
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Controlled waste includes: household, industrial and commercial waste.
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Controlled waste does not include: naturally occurring agricultural waste, and mining, quarrying, and most radioactive wastes. This is because these are regulated by different legislation.
As part of the description it is necessary to identify any problems presented by the waste hence the description of the waste must include:
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What is the waste composed of?
This may be a generic description such as non hazardous industrial waste but, for some wastes, such as filter cakes or industrial sludges, there should be a chemical analysis. The amount of information required is usually proportionate to the hazards or difficulties associated with correctly handling the waste.
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What will happen to it and is it likely to change during transport?
Some wastes will change their physical state during transport; sludges may become more fluid or even turn to liquid. The duty of care requires holders of controlled waste to prevent its escape so it is important that these properties are identified.
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What type of containment is required?
The duty of care requires holders of controlled waste to prevent its escape so it is important that the appropriate container is used.
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Can it safely be mixed with any other waste?
Some wastes may react with other materials and some reactions may cause fire or the release of dangerous gases. -
Can the waste be crushed and transferred from one vehicle to another?
Some wastes may explode if crushed or cause fires.
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Can it safely be incinerated?
Some wastes may be too flammable and again may explode if put in an incinerator.
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Can it be disposed of safely in a landfill site?
Some wastes may be too fine and dusty and blow away upon discharge of the load, some wastes may react with others to release toxic or harmful gases, and other wastes may be highly malodorous and cause nuisance to persons nearby.
The description of the waste must contain enough information to enable all subsequent holders to manage the waste properly. So for more complex wastes the description will have to be very detailed and may have to include an analysis of the chemical composition by type and concentration. The description of the waste is incorporated into the Transfer Note, which should also include some of the following, as appropriate:
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Type of premises from where the waste comes
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The name of the substance(s)
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The process that produced the waste
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A chemical or physical analysis
