The Environmental Protection (Prescribed Processes and Substances) Regulations 1991

Regulation 3(2)

SCHEDULE 2 RULES FOR THE INTERPRETATION OF SCHEDULE 1

1.  These rules apply for the interpretation of Schedule 1 subject to any specific provision to the contrary in that Schedule.

2.  Any description of a process includes any other process carried on at the same location by the same person as part of that process: but this rule does not apply in relation to any two or more processes described in different Sections of Schedule 1 which, accordingly, require distinct authorisation.

3.  Where a person carries on a process which includes two or more processes mentioned in the same Section of Schedule 1 those processes shall be treated as requiring authorisation as a single process; and if the processes involved are described in both Part A and Part B of the same Section, they shall all be regarded as part of a Part A process and so subject to central control.

4.  Where a process falls within two or more descriptions in Schedule 1, that process shall be regarded as falling only within that description which fits it most aptly: but where a process falls within descriptions in different Sections of Chapter 4, it shall be taken to fall within the description in whichever relevant Section is first mentioned in the sequence, 4.5; 4.2; 4. 1; 4.4; 4.3; 4.6; 4.7; 4.8; 4.9.

5.  Notwithstanding the rules set out in paragraphs 2 and 3—

(a) the processes described in Part B of section 1.3 do not include the incidental storage, handling or shredding of tyres which are to be burned;

(b) the process described in paragraph (b) of Part B of Section 2.2 does not include the incidental storage or handling of scrap which is to be heated other than its loading into a furnace;

(c) the process described in paragraph (a) of Part B of Section 5.1 does not involve the incidental storage or handling of wastes and residues other than animal remains intended for burning in an incinerator used wholly or mainly for the incineration of such remains or. residues from the burning of such remains in such an incinerator;

(d) the process described in Part B of Section 6.5 does not include the cleaning of used storage drums prior to painting and their incidental handling in connection with such cleaning.

6.  The unloading of coal, lignite, coke or any other coal product for use in a prescribed process by a person other than the person carrying on the process al the place where the process is carried on shall be treated as part of the process.

7.—(1) Where by reason of the use at different times of different fuels or different materials or the disposal at different times of different wastes, processes of different descriptions are carried out with the same plant or machinery and those processes include one or more Part A processes and one or more other processes, the other processes shall be regarded as within the descriptions of the Part A processes.

(2) Where by reason of such use or disposal as is mentioned in paragraph (1), processes of different descriptions are carried out with the same plant or machinery and those processes include one or more Part B processes and one or more other processes (but no Part A processes), all those processes shall be regarded as within the descriptions of the Part B processes.

8.  Where in the course of any prescribed process not falling within a description in Chapter 5 in Schedule 1, waste is used, whether as fuel or otherwise, the description of that process includes the disposal or treatment of that waste in the course of that process, whether the waste was produced by the person carrying on the process or acquired by him for such disposal or treatment.

9.  References in Schedule 1 and this Schedule to related processes are references to separate processes carried on by the same person at the same location.

10.  “Special waste” means waste which is for the time being the subject of regulations under section 17 of the Control of Pollution Act 1974(1) or Section 62 of the Act.

11.  References to a process involving the release of a substance falling within a description in Schedule 4 or 5 hereto do not affect the application of paragraphs (1) and (2) of regulation 4.

(1)

1974 c. 40.