In Victoria, waste must be classified so that it's clear what duties apply and how to manage it.
Classifying waste involves:
- looking up the relevant waste code or codes
- identifying the waste as industrial waste, priority waste or reportable priority waste.
For some priority waste, you also need to identify a priority waste category.
You need a priority waste category when you're managing:
- priority waste going to landfill for disposal
- soil that's priority waste.
The priority waste category tells you:
- which landfills can receive the waste
- the waste levy you need to pay to dispose of the waste at a landfill.
If you’re managing soil, the category also tells you if you can treat soil or contain it on a project site. This extends to onsite management options for soil sourced from contaminated land. Find out more about how the priority waste categories apply to soil.
Schedule 6 of the Environment Protection Regulations 2021(opens in a new window) sets out the 6 priority waste categories:
- Category A
- Category B
- Category C
- Category D
- soil containing asbestos only
- packaged waste asbestos.
For the criteria used to determine the waste disposal category for different types of industrial waste, refer to Waste disposal categories – characteristics and thresholds.
Occasionally, the priority waste category can place a burden on the person managing or controlling waste. In this case, contact us to discuss if you need a designation.
Waste levy
The priority waste category determines the waste levy. It costs more to dispose of more hazardous waste types.
The exception is asbestos waste. A lower waste levy rate applies to asbestos waste because there's no safe alternative to landfill disposal.
One of the key purposes of the waste levy is to encourage waste generators to reduce the amount of waste they generate and send to landfill. If you manage or control priority waste, you have a duty to investigate alternatives to landfill.
Category A waste
Category A is the most hazardous type of waste.
Under Schedule 6, Category A waste is industrial waste:
- that can be classified as dangerous goods under the Dangerous Goods Act 1985 and falls within one or more of the following UN classes under that Act:
- Class 1 (explosives)
- Class 4 (flammable solids; substances liable to spontaneous combustion; substances which, in contact with water, emit flammable gases)
- Class 5 (oxidising substances and organic peroxides)
- Class 6 (toxic and infectious substances)
- Class 8 (corrosive substances), or
- that generates gases that can be classified as UN Division 2.3 (toxic gases) dangerous goods under the Dangerous Goods Actwhen it comes into contact with air or water, or
- with any contaminant concentration greater than the upper limits for Category B waste contaminant concentrations specified in the Waste disposal categories – characteristics and thresholds, or
- with any leachable concentration greater than the upper limits for Category B waste leachable concentrations specified in the Waste disposal categories – characteristics and thresholds, or
- that's specified as Category A waste under regulation 67 of the Environment Protection Regulations, or
- for which the EPA has issued a designation classifying the waste as Category A waste.
For this type of waste:
- you cannot send it to landfill
- you can take it – including soil – off site to a place authorised to receive it (lawful place) and treat it to reduce contaminants.
Once treated, the waste may be reclassified and managed as less hazardous Category B, C or D waste.
Category B waste
Category B waste – including soil – has contaminants:
- greater than the upper limit for Category C in Table 2 of Waste disposal categories – characteristics and thresholds
- below the upper limit for Category B in Table 2.
If you’re sending the waste to a landfill, the landfill must be authorised to accept Category B waste.
Category C waste
Category C waste – including soil – has contaminants:
- greater than the upper limit for Category D/industrial waste in Table 2 of Waste disposal categories – characteristics and thresholds
- below the upper limit for Category C in Table 2.
If you’re sending the waste to a landfill, the landfill must be authorised to accept Category C waste.
Onsite management of category A, B and C soils on site
If you manage or control land with category A, B or C soils, you must meet the general environmental duty. You may also have a duty to manage contaminated land. This means you must minimise risks of harm to human health and the environment from the contaminated land so far as reasonably practicable.
You may also have a duty to notify us of contaminated land if there's an on-site retention of soil (other than fill material) from contaminated land, and this doesn't need formal permission.
If you have a duty to manage contaminated land, you should follow the National Environment Protection (Assessment of Site Contamination) Measure. This may include getting a site-specific risk assessment and a remediation or management plan from a suitably qualified and experienced professional. A remediation or management plan may help you decide whether treatment, landfill or on-site retention is the most appropriate pathway for the soil.
Category A soil cannot go to landfill. It can be taken to a place authorised to receive it and treated to reduce contaminants. Once treated, the waste may be reclassified and managed as less hazardous category B, C or D waste. If it's not reasonably practicable to send category B, C or D soil to a landfill, you may reduce the risk through on-site retention as per a remediation plan.
On-site retention of category A, B or C soils should be designed to prevent contamination. The design and structure of the on-site retention should be proportionate to the level of risk from the soil.
You need an L02 – Contaminated sites (on-site soil retention) development licence for on-site retention of contaminated soil (other than fill material) in a structure that holds at least 1000 m3 of the soil and prevents further contamination.
We may issue a site management order on the land title for make sure the land is managed properly over time.
Category D soil
Category D applies only to soil. Category D covers the least hazardous soils.
You can apply for an A17 – Containment of Category D waste soil permit to safely contain Category D soil on the site at which it was generated.
Soil containing asbestos only
Not all waste soil containing asbestos falls into this category.
This category only applies to soil that:
- contains asbestos, and
- does not have contaminant concentrations greater than the upper limit for fill material in Table 3 of Waste disposal categories – characteristics and thresholds.
If the contaminant concentrations are higher than the upper limit for fill material, the soil is Category A, B, C or D.
Manage soil containing asbestos only
Soil containing asbestos only is reportable priority waste. To remove the risk from soil containing asbestos only, you should send it to a landfill. The landfill must be authorised to receive it. This is in line with the hierarchy of controls.
Onsite management of soil containing asbestos only
If disposal at a landfill is not reasonably practicable, you may reduce the risk through on-site retention.
On-site retention of soil containing asbestos should be designed to prevent contamination. The design and structure of the on-site retention should be proportionate to the level of risk from the soil.
If you manage or control land with soil containing asbestos, you must meet the general environmental duty. You may also have a duty to manage contaminated land. This means you must minimise risks of harm to human health and the environment from the contaminated land so far as reasonably practicable.
You may also have a duty to notify us of contaminated land where:
- a person is or is likely to be exposed to airborne asbestos fibres above 0.01 fibres per millilitre by breathing it in
- soil from contaminated land (other than fill material) is kept on-site, and this does not require a formal permission.
If you have a duty to manage contaminated land, you should follow the National Environment Protection (Assessment of Site Contamination) Measure. This may include getting a site-specific risk assessment and a remediation or management plan from a suitably qualified and experienced professional.
You need an L02 – Contaminated sites (on-site soil retention) development licence for on-site retention of contaminated soil (other than fill material) in a structure that holds at least 1000 m3 of the soil and prevents further contamination.
We may issue a site management order on the land title for make sure the land is managed properly over time.
Transport soil containing asbestos only
Soil containing asbestos only is:
- reportable priority waste (transactions) – this means any time the soil changes hands, you must track it in Waste Tracker
- reportable priority waste (transport) – this means you must transport the waste in a registered vehicle.
Packaged waste asbestos
Packaged waste asbestos is waste asbestos that has been wrapped to stop airborne asbestos fibres from escaping. This helps with safe transport and disposal.
This priority waste category does not apply to soil containing asbestos.
Manage packaged waste asbestos
Packaged waste asbestos is reportable priority waste. You can only send it to a landfill authorised to accept asbestos.
You can transport packaged waste asbestos to a site authorised to store asbestos. The site you take it to must have either:
- A01 – Reportable priority waste management operating licence
- A22 Temporary storage (asbestos) registration.
Transfer stations and public utility depots can temporarily store less than 10 m3 of double-wrapped non-friable asbestos with an A22 Temporary storage (asbestos) registration. The asbestos must go to a landfill authorised to accept asbestos within 60 days of arriving at the site.
For more information, visit Manage asbestos waste.
Transport packaged waste asbestos
Packaged waste asbestos is:
- reportable priority waste (transactions) – this means any time the soil changes hands, you must track it in Waste Tracker
- reportable priority waste (transport) – this means you must transport the waste in a registered vehicle.
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