Can I use electronic consignment notes and records?
Yes. The Hazardous Waste Regulations allow you to use electronic consignment notes or records. More advice is given under the heading 'Using and providing electronic consignment notes' on how to do this.
Using and providing electronic consignment notes
Giving copies of electronic consignment notes:
Electronic consignment notes may be provided by:
- email;
- a secure server or website;
- an electronic file on any storage media (for example, a disk or memory card);
- fax.
It is not necessary to print copies of electronic consignment notes. However, they must be produced in a clear and legible form, either directly on a screen or by printing, at each location. This is to enable them to be read without difficulty by each party responsible where the note needs to be completed, read or signed.
The appropriate parts must be completed and signatures provided (see our section on electronic signatures).
Measures must be taken to ensure that consignment note information is secured against unauthorised copying or amendment.
Electronic producer’s/holder’s/consignor’s copy:
As with paper copies, before a waste is removed from a premises, the producer, holder or consignor as appropriate must:
- complete or read the consignment note (if it is completed by the waste carrier then the producer, holder or consignor must confirm the details are correct);
- sign part D;
- retain their copy.
In all cases a signature must be provided and a copy retained before the waste is removed. A copy may be retained either by keeping an electronic copy on a local computer system, printed out locally, or by being accessible from the site via either a local or remote secure server or website.
It is an offence for the carrier to remove the waste before a copy has been provided to the producer/holder.
Electronic consignee’s copy:
Of the two copies they receive when accepting a waste, a consignee must keep one copy, after completion of Part E, and give a copy to the carrier before the carrier leaves the site.
Where it is not possible to provide them in this way, they should be provided to the consignee, and carrier, as soon as possible after the waste has been received.
In all cases they should be provided no later than the end of the same day when the waste was received.
Electronic signatures:
An electronic signature may be provided by any person who is required to sign a consignment note. The Regulations define this as:
"data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication".
An electronic signature may be either:
- an electronic capture of a hand-written signature as an image. This could be by writing directly onto a portable electronic device. If it is an image of a pre-prepared signature then it must be accompanied by some other means of secure authentication.
- any other type of information, provided by someone capable of serving as an authentication of a person completing a consignment note.
This could be a waste management company that agrees a list of people with its customers who can sign a consignment note as a consignor. There are many ways this could be done. For example, each of these people may be given a unique PIN number only known to them. When the waste is collected the consignor could enter the PIN number into a portable device as the means of authentication.
Whatever system is used it must employ sufficient security to prevent abuse. In the example given above you must be sure that PIN numbers are not abused; this could consist of the consignee providing another piece of data such as a customer number or email address.
The consignor could log onto the secure web page of a waste management company to access the electronic consignment note. In this example the consignor must be required to log-in with a unique password and other means of identification, such as an email address or customer number.
When logging in, the consignor must be required to confirm they are authorised to 'sign' the consignment note.
In this example, once these checks have been passed, signing could simply be ticking a check-box next to the appropriate part of the note.
Using and providing electronic records and registers
Anyone involved in the production, transfer and receipt of hazardous waste must keep a register containing records of hazardous waste movements.
Such records, which normally consist of copies of the consignment notes, may consist of:
- records accessible via a secure server or website;
- an electronic file on any storage media (for example a disk, memory card, or similar)
It is not necessary for electronic copies of consignment notes to be printed out. However, it must be possible for the records to be accessible at the point where they need to be kept.
Consignee's electronic returns to producers or holders:
A consignee must send information on the wastes they received to the waste producer or holder.
These records may consist of consignment note copies, with information of the disposal or recovery method of the waste.
It may also be in a format set out in Schedule 8 to the Regulations. The returns may be provided by:
- email;
- a secure server or website;
- an electronic file on any storage media (for example, disk, memory card, or similar);
- fax.
The returns provided by a consignee must be accessible by producers or holders at:
- the premises registered as the hazardous waste producer; or
- the principal place of business if the registered premises are no longer occupied; or
- the principal place of business; or other address agreed with us if the premises are not registered.
Site closures - sending electronic records to the Environment Agency:
When a site’s permit is surrendered or revoked the consignee for the site must send their records to us. These records may be provided to us electronically by:
- email;
- an electronic file on a suitable storage media agreed with us (for example computer disk, memory card, or similar.)
Records must not be made available to us by a secure server or website as we are required to retain these records for three years following their receipt by us.
Records sent to us must be provided in a clear and legible format agreed with us.
A suitable format could be, for example, a Portable Document Format (PDF).
