Q.01

How do I classify waste in New South Wales?

In NSW, the waste generator is responsible for classifying its own waste. You put it into one of six classes defined in clause 49 of Schedule 1 to the Protection of the Environment Operations Act 1997 (POEO Act), working through the six steps in the NSW EPA's Waste Classification Guidelines, Part 1: Classifying waste (November 2014). The steps "must be followed in the order below", and once a step gives a classification, "do not go to the next step".

Approach: The datasets I can search don't hold the NSW EPA classification framework, so this comes from the Part 1 guideline PDF on the NSW EPA website. I didn't read the Table 2 SCC/TCLP values or Parts 2–4 of the Guidelines in full.

The six classes: special waste, liquid waste, hazardous waste, restricted solid waste, general solid waste (putrescible) and general solid waste (non-putrescible).

Step 1: Is it special waste?

  • Special waste covers:
    • clinical and related waste (clinical, cytotoxic, pharmaceutical/drug/medicine and sharps waste)
    • asbestos waste, meaning "any waste that contains asbestos"
    • waste tyres
    • anything classified as special waste under an EPA gazettal notice
  • If it is special waste, you don't need to assess it further.
  • The one exception: if special waste is mixed with restricted solid or hazardous waste, it must be classified and managed as both.

Step 2: Is it liquid waste?

  • Liquid waste is waste (other than special waste) that:
    • has an angle of repose of less than 5° above horizontal, or
    • becomes free-flowing at or below 60 °C or when transported, or
    • generally can't be picked up by a spade or shovel, or
    • is classified as liquid waste by gazettal notice.
  • You may separate the liquid and solid fractions so the solid fraction can be classified on its own.

Step 3: Is it pre-classified in Schedule 1 of the POEO Act (or by Gazette notice)?

  • Hazardous:
    • containers that held Class 1, 3, 4, 5 or 8 dangerous goods, or Division 6.1 substances, under the Australian Code for the Transport of Dangerous Goods by Road and Rail, with residues not removed by washing or vacuuming (the cleaning must be at least as good as triple-rinsing, set out in Appendix 2)
    • coal tar or coal tar pitch waste at more than 1% by weight
    • business-generated lead-acid or nickel-cadmium batteries
    • lead paint waste from places other than homes, schools or child care
  • Restricted solid: no wastes are currently pre-classified. This class only covers waste classified through Step 5.
  • General solid (putrescible): includes household waste containing putrescible organics, council litter bins, manure and night soil, nappies and sanitary products, food waste, animal waste, and dewatered sewage grit and screenings.
  • General solid (non-putrescible): includes:
    • glass, plastic, rubber, plasterboard, ceramics, bricks, concrete, metal, paper and cardboard
    • garden waste and untreated wood waste
    • virgin excavated natural material
    • building and demolition waste (this excludes excavated soil and material containing asbestos)
    • asphalt
    • biosolids in specified categories
    • cleaned dangerous-goods containers
    • fully cured resins, paints and polymers
  • The EPA's "Types of waste" web page lists every special, liquid and pre-classified waste currently gazetted.

Step 4: Does it have hazardous characteristics? It must be classified as hazardous if it is a dangerous good under any of:

  • Class 1 (explosives)
  • Class 2 (gases)
  • Divisions 4.1 and 4.2 (these exclude garden waste, wood waste, natural organic fibrous material and carbon)
  • Division 4.3
  • Class 5
  • Division 6.1
  • Class 8

Step 5: Chemical assessment

  • If you don't test: the waste "must be classified as hazardous waste". Hazardous waste "cannot be disposed of in NSW and must be treated prior to disposal".
  • Which contaminants to test: those known or likely to be present. You must be able to justify the selection and keep records for three years. If you suspect a contaminant that isn't in Tables 1 and 2, you must test for it and contact the EPA's Waste and Resource Recovery Branch.
  • Skipping the tests: allowed only if you know the process that produced the waste and are certain the maximum possible contaminant levels don't exceed the thresholds. You must document your reasons and keep the records for three years.
  • Screening test (specific contaminant concentration, SCC, in mg/kg), Table 1:
    • SCC ≤ CT1 means general solid waste.
    • SCC ≤ CT2 means restricted solid waste.
    • Above CT1, a leaching test (TCLP) "may be used".
    • Above CT2, a TCLP test "must be carried out".
    • Examples: lead 100/400 mg/kg, arsenic 100/400, benzene 10/40, benzo(a)pyrene 0.8/3.2.
  • SCC plus TCLP (mg/L), Table 2:
    • General solid waste: ≤ SCC1 and ≤ TCLP1.
    • Restricted solid waste: ≤ SCC2 and ≤ TCLP2.
    • Hazardous waste: above SCC2 or TCLP2.
  • The EPA recommends comparing the 95% upper confidence limit of the mean concentration against the limit.
  • Methods: US EPA SW-846 for analysis, and AS 4439.1–.3 for preparing leachates. The leaching fluid pH is 4.93 ± 0.05 if the sample pH is below 5.0, or 2.88 ± 0.05 if it is above 5.0.

Step 6: Putrescible or non-putrescible? If Step 5 gives general solid waste, it is classified as putrescible unless it meets one of these criteria:

  • it doesn't readily decay, emit offensive odours or attract vermin, or
  • its specific oxygen uptake is less than 1.5 mg O₂/hour per gram of total organic solids at 20 °C, or
  • composting has reduced its volatile solids by at least 38%, or
  • it has been composted for at least 14 days at above 40 °C, averaging above 45 °C.

Other points:

  • If an immobilisation approval applies, you may classify the waste as the approval says instead (Part 2 of the Guidelines).
  • Part 3 of the Guidelines covers radioactive material and Part 4 covers acid sulfate soils.
  • I found no newer edition of the classification guidelines on the EPA site. Recent EPA activity I came across was on the Waste Levy Guidelines, the landfill guidelines and the infrastructure plan, not on classification.

Sources:

Q.02