[F12. Classification of waste as hazardous U.K.
Any waste marked with an asterisk (*) in the list of wastes shall be considered as hazardous waste [F2for the purposes of any legislation relating to hazardous waste].
Textual Amendments
F2Words in Annex substituted (31.12.2020) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(2), 16(4)(b)(i)
[F3This is subject to any legislation which provides, or gives a person power to determine, that—
(a) waste of a kind which is listed as hazardous waste in the list of wastes is to be treated as non-hazardous waste in particular cases or circumstances (including in the case of a particular batch or consignment of waste); or
(b) waste of a kind which is listed as non-hazardous waste in the list of wastes is to be treated as hazardous waste in particular cases or circumstances (including in the case of a particular batch or consignment of waste).]
Textual Amendments
For those wastes for which hazardous and non-hazardous waste codes could be assigned, the following shall apply:
An entry in the harmonised list of wastes marked as hazardous, having a specific or general reference to 'hazardous substances', is only appropriate to a waste when that waste contains relevant hazardous substances that cause the waste to display one or more of the hazardous properties HP 1 to HP 8 and/or HP 10 to HP 15 as listed in Annex III to [F4the Waste Framework Directive]. The assessment of the hazardous property HP 9 'infectious' shall be made according to relevant legislation or reference documents F5....
A hazardous property can be assessed by using the concentration of substances in the waste as specified in Annex III to [F4the Waste Framework Directive] or, unless otherwise specified in Regulation (EC) No 1272/2008, by performing a test in accordance with Regulation (EC) No 440/2008 or other internationally recognised test methods and guidelines, taking into account Article 7 of Regulation (EC) No 1272/2008 as regards animal and human testing.
Wastes containing polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF), DDT (1,1,1-trichloro-2,2-bis (4-chlorophenyl)ethane), chlordane, hexachlorocyclohexanes (including lindane), dieldrin, endrin, heptachlor, hexaclorobenzene, chlordecone, aldrine, pentachlorobenzene, mirex, toxaphene hexabromobiphenyl and/or PCB exceeding the concentration limits indicated in Annex IV to Regulation (EC) No 850/2004 of the European Parliament and of the Council(1) shall be classified as hazardous.
The concentration limits defined in Annex III to [F4the Waste Framework Directive] do not apply to pure metal alloys in their massive form (not contaminated with hazardous substances). Those waste alloys that are considered as hazardous waste are specifically enumerated in this list and marked with an asterisk (*).
Where applicable, the following notes included in Annex VI to Regulation (EC) No 1272/2008 may be taken into account when establishing the hazardous properties of wastes:
1.1.3.1. Notes relating to the identification, classification and labelling of substances: Notes B, D, F, J, L, M, P, Q, R, and U.
1.1.3.2. Notes relating to the classification and labelling of mixtures: Notes 1, 2, 3 and 5.
After assessing the hazardous properties for a waste according to this method, an appropriate hazardous or non-hazardous entry from the list of wastes shall be assigned.
All other entries in the harmonised list of wastes are considered non-hazardous.]
Textual Amendments
F4Words in Annex substituted (31.12.2020) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(2), 16(4)(a)
F5Words in Annex omitted (31.12.2020) by virtue of The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(2), 16(4)(b)(iii)
Textual Amendments
[F1Regulation (EC) No 850/2004 of the European parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC ( OJ L 158, 30.4.2004, p. 7 ).]