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The Controlled Waste Regulations (Northern Ireland) 2002

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Regulation 3

SCHEDULE 1WASTE TO BE TREATED AS HOUSEHOLD WASTE

1.  Waste from any hereditament which is distinguished as exempt from rates by virtue of Article 41(2)(b) of the Rates (Northern Ireland) Order 1977 in so far as it relates to purposes connected with public religious worship.

2.  Waste from premises occupied by a charity and wholly or mainly used for charitable purposes.

3.  Waste from any land belonging to or used in connection with domestic property, a caravan or a residential home.

4.  Waste from a private garage which either has a floor area of 25 square metres or less or is used wholly or mainly for the accommodation of a private motor vehicle.

5.  Waste from private storage premises used wholly or mainly for the storage of articles of domestic use.

6.  Waste from a moored vessel used wholly for the purposes of living accommodation.

7.  Waste from a camp site.

8.  Waste from a prison or other penal institution.

9.  Waste from a hall or other premises used wholly or mainly for public meetings.

10.  Waste arising from the discharge by a district council of its duty under Article 7(2) of the 1994 Order.

Regulation 5

SCHEDULE 2TYPES OF HOUSEHOLD WASTE FOR WHICH A CHARGE FOR COLLECTION MAY BE MADE

1.  Any article of waste which exceeds 25 kilograms in weight.

2.  Any article of waste which does not fit, or cannot be fitted into –

(a)a receptacle for household waste provided in accordance with Article 21 of the Order; or

(b)where no such receptacle is provided, a cylindrical container 750 millimetres in diameter and 1 metre in length.

3.  Garden waste.

4.  Clinical waste from a domestic property, a caravan or from a moored vessel used wholly for the purposes of living accommodation.

5.  Waste from a residential hostel, a residential home or from premises forming part of a university, school or other educational establishment or forming part of a hospital or nursing home.

6.  Waste from a domestic property or a caravan used in the course of a business for the provision of self-catering holiday accommodation.

7.  Dead domestic pets.

8.  Any substances or articles which, by virtue of a notice served by a district council under Article 21 of the Order, the occupier of the premises may not put into a receptacle for household waste provided in accordance with that Article.

9.  Litter collected under Article 7(1)(e) of the 1994 Order.

10.  Waste from domestic property forming part of a mixed hereditament.

11.  Any mineral or synthetic oil or grease.

12.  Asbestos.

13.  Waste from a caravan which in accordance with any licence or planning permission regulating the use of the caravan site on which the caravan is stationed is not allowed to be used for human habitation throughout the year.

14.  Waste from a camp site, other than from any domestic property on that site.

15.  Waste from premises occupied by a charity and wholly or mainly used for charitable purposes, unless it is waste falling within paragraph 1 of Schedule 1.

16.  Waste from a prison or other penal institution.

17.  Waste from a hall or other premises used wholly or mainly for public meetings.

Regulation 6

SCHEDULE 3WASTE TO BE TREATED AS INDUSTRIAL WASTE

1.  Waste from premises used for maintaining vehicles, vessels or aircraft, not being waste from a private garage to which paragraph 4 of Schedule 1 applies.

2.  Waste from a laboratory.

3.—(1) Waste from a workshop or similar premises not being a factory within the meaning of section 175 of the Factories Act (Northern Ireland) 1965(1) because the people working there are not employees or because the work there is not carried on by way of trade or for purposes of gain.

(2) In this paragraph, “workshop” does not include premises at which the principle activities are computer operations or the copying of documents by photographic or lithographic means.

4.  Waste from premises occupied by a scientific research association approved by the Secretary of State under section 508 of the Income and Corporation Taxes Act 1988(2).

5.  Waste from dredging operations.

6.  Waste arising from tunnelling or from any other excavation.

7.  Waste arising from works of construction or demolition, including waste arising from work preparatory thereto.

8.  Septic tank sludge not falling within regulation 8(a) or (c).

9.  Sewage not falling within a description in regulation 8 which—

(a)is treated, kept or disposed of in or on land, other than by means of a privy, cesspool or septic tank;

(b)is treated, kept or disposed of by means of mobile plant; or

(c)has been removed from a privy or cesspool.

10.  Clinical waste other than—

(a)clinical waste from a domestic property, caravan, residential home or from a moored vessel used wholly for the purposes of living accommodation; or

(b)waste collected under Articles 7, 12(10) or 13 of the 1994 Order.

11.  Waste arising from any aircraft, vehicle or vessel which is not occupied for domestic purposes.

12.  Waste which has previously formed part of any aircraft, vehicle or vessel and which is not household waste.

13.  Waste removed from land on which it has previously been deposited and any soil with which such waste has been in contact, other than waste collected under Articles 7, 12(10) or 13 of the 1994 Order.

14.  Leachate from a deposit of waste.

15.  Poisonous or noxious waste arising from any of the following processes undertaken on premises used for the purposes of a trade or business—

(a)mixing or selling paints;

(b)sign writing;

(c)laundering or dry cleaning;

(d)developing photographic film or making photographic prints;

(e)selling petrol, diesel fuel, paraffin, kerosene, heating oil or similar substances; or

(f)selling pesticides, herbicides or fungicides.

16.  Waste from premises used for the purposes of breeding, boarding, stabling or exhibiting animals.

17.—(1) Waste oil or waste solvent, other than –

(a)waste from a domestic property, caravan or residential home;

(b)waste falling within paragraphs 3 to 6 of Schedule 1.

(2) In this paragraph—

“waste oil” means mineral or synthetic oil which is contaminated, spoiled or otherwise unfit for its original purpose; and

“waste solvent” means solvent which is contaminated, spoiled or otherwise unfit for its original purpose.

18.  Waste arising from the discharge by the Department of its duty under Article 7(2) of the 1994 Order.

19.  Waste imported into Northern Ireland.

20.—(1) Tank washings or garbage landed in Northern Ireland.

(2) In this paragraph –

“tank washings” means waste residues from the tanks (other than the fuel tanks) or holds of a ship or waste arising from the cleaning of such tanks or holds; and

“garbage” means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically, except sewage originating from ships.

Regulation 7

SCHEDULE 4WASTE TO BE TREATED AS COMMERCIAL WASTE

1.  Waste from an office or showroom.

2.  Waste from a hotel within the meaning of section 1(3) of the Hotel Proprietors Act (Northern Ireland) 1958(3).

3.  Waste from any part of a mixed hereditament which is used for the purposes of a trade or business.

4.  Waste from a private garage which either has a floor area exceeding 25 square metres or is not used wholly or mainly for the accommodation of a private motor vehicle.

5.  Waste from premises occupied by a club, society or any association of persons (whether incorporated or not) in which activities are conducted for the benefit of the members.

6.  Waste from premises (not being premises from which waste is by virtue of the Order or of any other provision of these Regulations to be treated as household waste or industrial waste) occupied by—

(a)a court;

(b)a government department;

(c)a district council;

(d)a body corporate or an individual appointed by or under any enactment to discharge any public functions; or

(e)a body incorporated by a Royal Charter.

7.  Waste from a tent pitched on land other than a camp site.

8.  Waste from a market or fair.

9.  Waste collected under Article 7(5) of the 1994 Order.

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