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How to use the definition of waste service

Updated 19 April 2024

Applies to England

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This publication is available at https://www.gov.uk/government/publications/get-an-opinion-from-the-definition-of-waste-service/how-to-use-the-definition-of-waste-service

The definition of waste service is suspended for new submissions until late spring 2024.

If you would like to be contacted when this service reopens email dowservices@environment-agency.gov.uk.

You can self-assess by following the guidance on how to check if your material is waste.

For resource frameworks queries (formerly quality protocols) email ResourcesFrameworks@environment-agency.gov.uk.

For definition of waste code of practice queries email DoWCoP@environment-agency.gov.uk.

The Environment Agency can give an opinion on if a material:

  • is waste
  • is a by-product
  • has achieved end of waste status

The definition of waste service will assess the information you share with them and provide this opinion.

They charge for this work based on the time and materials involved. The service costs £125 an hour including VAT.

Before you ask if a material has reached ‘end of waste’ or by-product status

You can ask the definition of waste team for initial advice to help you prepare your end of waste request form, for example on:

  • your choice of comparator
  • the sampling data you should give

They give up to one hour of advice for free. As part of this they will tell you if they need to charge you for any more advice.

How to ask for initial advice

  1. Email your request to dowservices@environment-agency.gov.uk
  2. The definition of waste service will contact you to discuss your needs and give you the terms for initial advice and the definition of waste charging agreement.
  3. If you decide to use the initial advice service, send your request and other relevant information. By doing this you confirm that you have read, understood and agree to follow the terms for initial advice and the definition of waste charging agreement.
  4. You will then get a cost estimate. Sign a copy of the cost estimate and return it to the definition of waste service within 28 days. If you do not do this in time, you will need to send a new request.
  5. Once the definition of waste service get your signed cost estimate, they will develop their response to your request and give you advice.
  6. You will get monthly invoices for the advice you’ve received.

If you do not pay your invoices, the service will stop working on your case and may end the contract.

Ask for an opinion on if your material has reached of ‘end of waste’ or by-product status

You can ask for the Environment Agency’s opinion about waste status by using the definition of waste service.

Examples of situations where waste status should be assessed are:

  • using a material derived from waste as a fuel, a fertiliser or a construction product
  • using residues from a manufacturing process for another purpose
  • creating novel materials from waste for a new market or use

Once the definition of waste service gets your request, they will do:

  • an interim review – to check you have sent information covering the right areas and to estimate the cost of the technical review
  • a technical review – to assess if your material can be considered as end of waste or a by-product

How to ask for the definition of waste service’s opinion

  1. Fill in an end of waste request form following the form guidance.
  2. Email your completed form and supporting documents to dowservices@environment-agency.gov.uk
  3. You will then get copies of the terms for using the definition of waste service and the charging agreement and a bill for £900 for the interim review fee.
  4. Send payment for your interim review fee.
  5. Once they get this payment, the service will assess your form and supporting documents. They will confirm if they can do a technical review. They will ask you for more information if needed.
  6. You will then get a cost estimate for the technical review. Sign a copy of the cost estimate and return it to the definition of waste service.
  7. Once they get your signed cost estimate, the definition of waste service will begin their technical review.
  8. You will get monthly invoices for the technical review work the service has completed.
  9. Once the service has reached their opinion, they will tell you as long as you have paid all the invoices.

The service may need to ask you for more information during its assessment. If they have to assess more information, it will take more time and so cost more. First, they will update the cost estimate and send it to you. By returning a signed copy you are agreeing for the service to continue the technical review.

The service may find the assessment to be more complex than they first estimated. If so, they will update the cost estimate and agree with you before continuing. If you do not agree, they will not be able to continue.

Cost of technical review

It can take between 3 and 18 months to complete an assessment and form an opinion on waste status. The complexity of the request affects how long it will take.

This means costs ranging from £1,500 to £15,000.

If you do not pay invoices, the service will have to stop their technical review and may end the contract. There’s more detail in the terms for using the definition of waste service.

How the definition of waste service assesses end of waste or by-product status

The definition of waste service will consider all the information you give. They will follow the approach set out in the guidance on how to check if your material is waste.

How your information is used

The definition of waste service will only use your information to give you advice, guidance or an opinion about waste status. They will follow the terms of using the definition of waste service.

Freedom of Information and Environmental Information Regulations requests

As a public body the Environment Agency gets Freedom of Information (FOI) and Environmental Information Regulations requests. When they receive these requests, they have to assess which information to share on a case by case basis.

There is an assumption that, when asked, they will share information they hold. They may have to share information that you consider confidential. You should consider this when you decide what information to send them. If you have questions or concerns about this, please email dowservices@environment-agency.gov.uk before giving your information to the definition of waste service.

Complaints and appeals

You cannot appeal against the definition of waste service’s opinion on the status of a material.

If you would like to make a complaint you can follow the Environment Agency’s complaints procedure.

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