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Enquiries - hazardous waste? |
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New Hazardous Waste Regs came into force in July. These provisions are far more wide-ranging than one might expect and basically apply to any premises that produce more than a relatively small amount of hazardous waste in any 12-month period (eg old TVs, fluorescent tubes, PC monitors, lead batteries).
In practice, many commercial premises will be premises where waste is produced and where appropriate records need to be maintained. As a result, consider raising additional preliminary enquiries in commercial property transactions. For instance: - What and how much hazardous waste have the premises produced in the last 12 months?
- Have the premises been notified to the Environment Agency (or received an exemption)?
- What records have been maintained and are these complete (eg does a consignment note exist for every consignment and has a consignee's return been made for each consignment, proving that waste reached its destination)?
Remember also that if the transaction is completed, your client (as buyer) will have to notify the Environment Agency of the change of ownership. See note by Burges Salmon in [2005] The In-House Lawyer September p48.
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October 2005 |
