The Hazardous Waste (Wales) Regulations 2005

PART 7 RECORDS AND RETURNS

Site records

Records of tipped (discharged) hazardous waste

47.—(1) Any person who tips (discharges) hazardous waste (whether by way of disposal or storage) in or on any land must record and identify the waste in accordance with the following requirements of this regulation and regulation 51.

(2) A record must include either—

(a) a site plan marked with a grid, or

(b) a site plan with overlays on which the deposits of the tipped (discharged) waste are shown in relation to the contours of the site.

(3) Records made under this regulation are to be kept in a register.

(4) Deposits must be identified by reference to both—

(a) the relevant description and six digit code in the List of Wastes, together with a description of the composition of the waste; and

(b) the consignment note relating to such waste, save that where waste is disposed of within the curtilage of the premises at which it is produced the deposits must be described by reference to the quarterly return made to the Agency by the hazardous waste producer under regulation 53.

(5) A person who is required to compile or retain a register pursuant to this regulation must—

(a) update the register as soon as reasonably practicable and in any event within 24 hours of the receipt, or deposit, as the case may be, of the waste;

(b) keep the register on the site where the tipping takes place; and

(c) retain the records—

(i) for three years after deposit of the waste; or

(ii) if he or she has a waste permit pursuant to which the site is operated, until that permit is surrendered or revoked.

(6) In reckoning any period of hours for the purposes of this regulation or regulation 48, only the days or hours of any business day are to be counted.

Records of disposal or recovery by other means

48.—(1) Any person who—

(a) disposes of hazardous waste in or on land (other than any disposal covered by regulation 47);

(b) recovers hazardous waste in or on land; or

(c) receives hazardous waste at a transfer station,

must record and identify any hazardous waste received in accordance with the following requirements of this regulation and regulation 51.

(2) The waste must be identified in the record by reference to the relevant description in the List of Wastes and six digit code, and the entry must include a description of the composition of the waste.

(3) The record must include—

(a) the quantity, nature and origin of any such waste;

(b) the relevant hazardous properties;

(c) where applicable, the recovery method in respect of the waste by reference to the numbering and description applicable in accordance with Annex IIB of the Waste Directive; and

(d) an inventory showing the specific location at which the waste is being held.

(4) Records made under this regulation must be kept in a register.

(5) The register must be updated as soon as reasonably practicable and in any event no later than 24 hours after—

(a) a consignment of hazardous waste is received;

(b) any recovery or disposal operations are carried out or any hazardous waste is placed in storage at the transfer station, as the case may be; or

(c) any hazardous waste is removed from the premises.

(6) A person who is required to make or retain records pursuant to this regulation must—

(a) keep the register of the records on the site where the recovery operations take place or the transfer station is operated, as the case may be; and

(b) retain the records—

(i) where the hazardous waste is fully recovered, or remains at a transfer station, as the case may be, until it leaves the site and for three years thereafter; or

(ii) if he or she has a waste permit pursuant to which the site is operated, until that permit is surrendered or revoked.

Producer and transport records

Producers', holders' and consignors' records

49.—(1) A producer or holder of hazardous waste, and where different from the producer, a consignor of hazardous waste, must keep a record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of the waste.

(2) Where the waste is transported the duty in paragraph (1) includes a requirement to keep a record of particulars sufficient to identify the carrier.

(3) The producer, holder or consignor, as the case may be, must preserve the records to be made pursuant to this regulation whilst he or she remains the holder of the waste and for at least three years afterwards commencing on the date on which the waste is transferred to another person.

(4) The information to be recorded pursuant to the foregoing provisions of this regulation must be recorded in a register kept by the producer, holder or consignor, as the case may be, for the purpose.

(5) The register required to be kept and retained by a producer, holder or consignor under paragraph (4) of this regulation must be kept—

(a) in relation to the register required to be kept by a producer or holder—

(i) at the premises notified pursuant to regulation 24;

(ii) if he or she no longer occupies those premises, at his or her principal place of business (or such other address as agreed with the Agency for that purpose); or

(iii) if no premises were notified in relation to the waste, at his or her principal place of business (or such other address as agreed with the Agency for that purpose).

(b) the register required to be kept by a consignor other than the producer or holder must be kept at his or her principal place of business.

(6) If the producer or holder ceases to occupy the notified premises before the period referred to in paragraph (3) expires, he or she must inform the Agency forthwith.

Carrier’s records

50.—(1) An establishment or undertaking which transports hazardous waste must keep a record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of the waste in accordance with the following requirements of this regulation.

(2) The establishment or undertaking must keep the records to be made pursuant to this regulation for at least twelve months commencing on the date of delivery of the waste to its destination.

(3) The information required to be recorded pursuant to paragraph (1) must be entered in a register and the register kept at the carrier’s principal place of business.

Registers and records: common provisions

51.—(1) The following provisions of this regulation apply in relation to registers required to be kept under regulations 47 to 50.

(2) A person who is required to keep a register must enter in the register each copy received by them of—

(a) any consignment note (including multiple consignment notes and, where consignments are not accepted, the original note, a copy of any explanation of the reasons for rejection prepared pursuant to regulation 42 and the consignment note prepared pursuant regulation 43 or 44),

(b) any consignee’s return to the producer, holder or consignor received pursuant to regulation 54; and

(c) any carrier’s schedule given to him or her pursuant to regulation 37.

(3) A person who is required to keep a register or retain records until his or her waste permit is surrendered or revoked must send those records or that register to the Agency when the permit is surrendered or revoked.

(4) Every register kept or record made pursuant to regulation 15 or 16 of the 1996 Regulations, and every record made pursuant to regulation 13 or 14 of the Control of Pollution (Special Waste) Regulations 1980, must—

(a) be kept with the register kept pursuant to regulation 47 to 49 by the person required to keep that register for so long as is mentioned in the relevant regulation; and

(b) be sent by that person together with that register if it is sent to the Agency.

Previous holder’s right to information

52.—(1) An establishment or undertaking to which hazardous waste is delivered for disposal or recovery, as the case may be, has the duty, owed to any previous holder of the waste, to supply to that previous holder on request documentary evidence that the disposal or recovery operation concerned has been carried out, indicating where applicable, the relevant entry listed in Annex IIA or Annex IIB, as the case may be, to the Waste Directive.

(2) Any request for information under this regulation must be in writing and must specify the period (which may not be less than seven days) within which the information is to be supplied.

Consignee and self-disposal quarterly returns

53.—(1) Every consignee must make a return, in these Regulations referred to as a consignee quarterly return, to the Agency of information relating to all consignments of hazardous waste received by him or her in any quarter in accordance with paragraph (4).

(2) The return must include—

(a) rejected consignments;

(b) hazardous waste delivered by pipeline where regulation 41 applies; and

(c) in the case of multiple collections, each individual consignment collected.

(3) Where in any quarter hazardous waste is disposed of by depositing it within the curtilage of the premises at which it is produced, the producer must make a return in respect of that quarter of information relating to the deposit to the Agency, in accordance with paragraph (4).

(4) A return to be made pursuant to this regulation in respect of a quarter must be made no later than the time specified in the right hand column of the table below in relation to the quarter specified in the left hand column:

Quarter in which the hazardous waste was received, or deposited, as the case may be	Return to be received by the Agency not later than
Ending on 31 March	30 April in the same year as the quarter falls
Ending on 30 June	31 July in the same year as the quarter falls
Ending on 30 September	31 October in the same year as the quarter falls
Ending on 31 December	31 January in the year next following the year in which quarter falls

(5) The Agency may prescribe a format for returns to be made under this regulation and, where for the time being a format is prescribed pursuant to this paragraph—

(a) the Agency must publish the format on its website and in such other manner as it may consider appropriate for informing persons required to submit such returns of its content; and

(b) the Agency is not obliged to consider a return as properly made for the purposes of these Regulations unless it is made in that format, or in a format substantially to like effect.

(6) If the Agency prescribes a fee payable by a consignee by charging scheme made under section 41 of the Environment Act 1995 as a means of recovering its costs incurred in performing functions in relation to the consignments included on the consignee quarterly returns, a consignee may recover from a consignor any fees paid under these Regulations in relation to consignments sent by that consignor.

Consignee’s return to the producer, holder or consignor

54.—(1) Without prejudice to any duty under these Regulations on the part of the consignee to send any document or copy thereof to the producer, holder or consignor, a consignee must send to a producer or holder identified in the relevant part of a consignment note—

(a) a return in a form corresponding to that set out in Schedule 8 or a form substantially to like effect within one month of the end of the quarter in which the waste concerned was accepted; or

(b) a copy of the consignment note together with a description of the method of disposal or recovery undertaken in relation to the waste, within one month of the end of the quarter in which the waste concerned was accepted.

(2) Where hazardous waste was delivered by pipeline in a case to which regulation 41 applies, paragraph (1) applies so that the return required under sub-paragraph (a) or the information required under sub-paragraph (b) is to be supplied within one month of the end of the quarter in which the waste concerned was piped.

(3) Where regulation 42 applies, this regulation does not apply to the consignment or part concerned.

Duties to supply information

55.—(1) A person who is required to retain any record pursuant to any of the foregoing provisions of this Part must, at any time during the period in which the record is required to be retained produce that record to the Agency or emergency services on request.

(2) A producer, holder, previous holder, consignor, carrier or consignee of hazardous waste must supply to the Agency on request such information as the Agency may reasonably require for the purposes of performing its functions in connection with these Regulations and for the purposes of monitoring the production, movement, storage, treatment, recovery and disposal of hazardous waste.

(3) An establishment or undertaking to which hazardous waste is delivered for recovery or disposal, as the case may be, has the duty to supply to the Agency on request documentary evidence that the disposal or recovery operation concerned has been carried out, indicating, where applicable, the relevant entry listed in Annex IIA or Annex IIB, as the case may be, of the Waste Directive.

(4) A person who is required to supply information to the Agency pursuant to this regulation must supply that information in such form as the Agency may reasonably request.

(5) The power conferred by paragraph (4) includes power to require the production in a visible and legible documentary form of any information held in electronic form.

(6) Any request for information under this regulation is to be in writing and must specify the period within which the information is to be supplied.