The List of Wastes (England) Regulations 2005

Properties and characteristics of dangerous substances classified as hazardous waste E+W

4.  Wastes satisfies the requirements of this regulation in respect of any of the [F1 hazardous] properties H3 to H8, H10(1) and H11 F2 ..., where it displays one or more of the following characteristics—

(a) flash point ≤ 55 °C;

(b) one or more substances classified(2) as very toxic at a total concentration ≥ 0,1 %;

(c) one or more substances classified as toxic at a total concentration ≥ 3 %;

(d) one or more substances classified as harmful at a total concentration ≥ 25 %;

(e) one or more corrosive substances classified as R35 at a total concentration ≥ 1 %;

(f) one or more corrosive substances classified as R34 at a total concentration ≥ 5 %;

(g) one or more irritant substances classified as R41 at a total concentration ≥ 10 %;

(h) one or more irritant substances classified as R36, R37, R38 at a total concentration ≥ 20 %;

(i) one substance known to be carcinogenic of category 1 or 2 at a concentration ≥ 0,1 %;

(j) one substance known to be carcinogenic of category 3 at a concentration ≥ 1 %;

(k) one substance toxic for reproduction of category 1 or 2 classified as R60, R61 at a concentration ≥ 0,5 %;

(l) one substance toxic for reproduction of category 3 classified as R62, R63 at a concentration ≥ 5 %;

(m) one mutagenic substance of category 1 or 2 classified as R46 at a concentration ≥ 0,1 %,

(n) one mutagenic substance of category 3 classified as [F3 R68 at a concentration = 1%.]

Textual Amendments

F1 Word in reg. 4 inserted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 20(3)(a) (with regs. 2, 47(2))

F2 Words in reg. 4 omitted (29.3.2011) by virtue of The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 20(3)(b) (with regs. 2, 47(2))

F3 Words in reg. 4(n) substituted (15.7.2005) by The List of Wastes (England) (Amendment) Regulations 2005 (S.I. 2005/1673), regs. 1(1), 4

Commencement Information

I1 Reg. 4 in force at 16.7.2005, see reg. 1(1)

(1)

In Directive 92/32/EEC amending for the seventh time Directive 67/548/EEC the term “toxic for reproduction” was introduced. The term “tertagenic” was replaced by a corresponding term “toxic for reproduction”. This term is considered to be in line with property H10 in Annex III to Directive 91/689/EEC.

(2)

The classification as well as the R numbers refer to the Dangerous Substances Directive. The concentration limits refer to those laid down in Dangerous Preparations Directive (1999/45/EC; OJ No. L200, 30.7.1999, p.1) as amended by Regulation (EC) No. 1882/2003 (OJ No. L284, 31.10.2003, p.1).