The Waste Incineration (Scotland) Regulations 2003

Amendments to the 2000 Regulations

9.  In Part 1 of Schedule 1 (activities), for Section 5.1 (incineration) there is substituted–

“SECTION 5.1 –

Incineration and co-incineration of waste

PART A

(a)

The incineration of hazardous waste in an incineration plant.

(b)

Unless carried out as part of any other Part A activity, the incineration of hazardous waste in a co-incineration plant.

(c)

The incineration of non-hazardous waste in an incineration plant with a capacity of 1 tonne or more per hour.

(d)

The incineration of non-hazardous waste in an incineration plant with a capacity of less than 1 tonne per hour.

(e)

Unless carried out as part of any other Part A activity, the incineration of non-hazardous waste in a co-incineration plant.

(f)

Unless carried out as part of any other Part A activity, the incineration of hazardous waste in an excluded plant.

(g)

Unless carried out as part of any other Part A activity, the incineration of non-hazardous waste in an excluded plant with a capacity of one tonne or more per hour.

PART B

The following activities if operated at installations not falling under Part A of this Section:–

(a) The incineration of waste which is not hazardous waste in an excluded plant with a capacity of 50 kilogrammes or more per hour but less than 1 tonne per hour.

(b) The cremation of human remains.

Interpretation of Section 5.1

In this Section–

“co-incineration” means the use of wastes as a regular or additional fuel in a co-incineration plant or the thermal treatment of waste for the purposes of disposal in a co-incineration plant;

“co-incineration plant” means any stationary or mobile plant whose main purpose is the generation of energy or production of material products and–

• which uses wastes as a regular or additional fuel; or

• in which waste is thermally treated for the purpose of disposal;

if co-incineration takes places in such a way that the main purpose of the plant is not the generation of energy or production of material products but rather the thermal treatment of waste, the plant shall be regarded as an incineration plant;

this definition covers the site and the entire plant including all co-incineration lines, waste reception, storage, on site pre-treatment facilities, waste-, fuel- and air-supply systems, boiler, facilities for the treatment of exhaust gases, on-site facilities for treatment or storage of residues and waste water, stack devices and systems for controlling incineration operations, recording and monitoring incineration conditions;

“excluded plant” means–

(a)

a plant treating only the following wastes:–

(i)

vegetable waste from agriculture and forestry;

(ii)

vegetable waste from the food processing industry, if the heat generated is recovered;

(iii)

fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered;

(iv)

wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood-preservatives or coating, and which includes in particular such wood waste originating from construction and demolition waste;

(v)

cork waste;

(vi)

radioactive waste;

(vii)

animal carcasses as regulated by Directive 90/667/EEC(1) and by Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3rd October 2002 laying down health rules concerning animal by-products not intended for human consumption(2); and

(viii)

waste resulting from the exploration for, and the exploitation of, oil and gas resources from off-shore installations and incinerated on board the installation; and

(b)

an experimental plant used for research, development and testing in order to improve the incineration process and which treats less than 50 tonnes of waste per year;

“hazardous waste” means any solid or liquid waste as defined in Article 1(4) of Council Directive 91/689/EEC of 12th December 1991 on hazardous waste(3) except for–

(a)

combustible liquid wastes including waste oils as defined in Article 1 of Council Directive 75/439/EEC of 16th June 1975 on the disposal of waste oils(4) provided that they meet the following criteria:–

(i)

the mass content of polychlorinated aromatic hydrocarbons, e.g. polychlorinated biphenyls (PCB) or pentachlorinated phenol (PCP) amounts to concentrations not higher than those set out in the relevant Community legislation(5);

(ii)

these wastes are not rendered hazardous by virtue of containing other constituents listed in Annex II to Directive 91/689/EEC in quantities or in concentrations which are inconsistent with the achievement of the objectives set out in Article 4 of Directive 75/442/EEC(6);

(iii)

the net calorific value amounts to at least 30 MJ per kilogramme; and

(b)

any combustible liquid wastes which cannot cause, in the flue gas directly resulting from their combustion, emissions other than those from gasoil as defined in Article 1(1) of Directive 93/12/EEC(7) or a higher concentration of emissions than those resulting from the combustion of gasoil as so defined;

“incineration” means the thermal treatment of wastes with or without recovery of the combustion heat generated;

“incineration plant” means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of wastes with or without recovery of the combustion heat generated. This includes the incineration by oxidation of waste as well as other thermal treatment processes such as pyrolysis, gasification or plasma processes in so far as the substances resulting from the treatment are subsequently incinerated.

This definition covers the site and the entire incineration plant including all incineration lines, waste reception, storage, on site pretreatment facilities, waste-fuel and air-supply systems, boiler, facilities for the treatment of exhaust gases, on-site facilities for treatment or storage of residues and waste water, stack, devices and systems for controlling incineration operations recording and monitoring incineration conditions;

“non-hazardous waste” means waste which is not hazardous waste;

“waste” means any solid or liquid waste as defined in Article 1(a) of Directive 75/442/EEC(8).”.

(1)

O.J. No. L 363, 27.12.90, p.51.

(2)

O.J. No. L 273, 10.10.2002, p.1.

(3)

O.J. No. L 377, 31.12.91, p.20 amended by Council Directive 94/31/EC (O.J. No. L 168, 02.07.94, p.28).

(4)

O.J. No. L 194, 25.07.75, p.23.

(5)

In particular Council Directive 96/59/EC (O.J. No. L 243, 24.09.96, p.31).

(6)

O.J. No. L 194, 25.07.75, p.39 amended by Council Directives 91/156/EEC (O.J. No. L 78, 26.03.91, p.32) and 91/692/EEC (O.J. No. L 377, 31.12.91, p.48) and Commission Decision 96/350/EC (O.J. No. L 135, 06.06.96, p.32).

(7)

O.J. No. L 74, 27.03.93, p.81 amended by Council Directive 99/32/EC (O.J. No. L 121, 11.05.99, p.13).

(8)

O.J. No. L 194, 25.7.78, p.39.