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The Hazardous Waste Regulations (Northern Ireland) 2005

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Regulation 4(2)(a)(i)

SCHEDULE 1ANNEX I OF THE HAZARDOUS WASTE DIRECTIVE

“ANNEX I”CATEGORIES OR GENERIC TYPES OF HAZARDOUS WASTE LISTED ACCORDING TO THEIR NATURE OF THE ACTIVITY WHICH GENERATED THEM (*) (WASTE MAY BE LIQUID, SLUDGE OR SOLID IN FORM)

ANNEX I.A
*

Certain duplications within this Annex are intentional.

Wastes displaying any of the properties listed in Annex III and which consist of:
1.anatomical substances; hospital and other clinical wastes;
2.pharmaceuticals, medicines and veterinary compounds;
3.wood preservatives;
4.biocides and phyto-pharmaceutical substances;
5.residue from substances employed as solvents;
6.halogenated organic substances not employed as solvents excluding inert polymerized materials;
7.tempering salts containing cyanides;
8.mineral oils and oily substances (e.g. cutting sludges, etc.);
9.oil/water, hydrocarbon/water mixtures, emulsions;
10.substances containing PCBs and/or PCTs (e.g. dielectrics etc.);
11.tarry materials arising from refining, distillation and any pyrolytic treatment (e.g. still bottoms, etc.);
12.inks, dyes, pigments, paints, lacquers, varnishes;
13.resins, latex, plasticizers, glues/adhesives;
14.chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on man and/or the environment are not known (e.g. laboratory residues, etc.);
15.pyrotechnics and other explosive materials;
16.photographic chemicals and processing materials;
17.any material contaminated with any congener of polychlorinated dibenzofuran;
18.any material contaminated with any congener of polychlorinated dibenzo-p-dioxin.
ANNEX I.B
Wastes which contain any of the constituents listed in Annex II and having any of the properties listed in Annex III and consisting of:
19.animal or vegetable soaps, fats, waxes;
20.non-halogenated organic substances not employed as solvents;
21.inorganic substances without metals or metal compounds;
22.ashes and/or cinders;
23.soil, sand, clay including dredging spoils;
24.non-cyanidic tempering salts;
25.metallic dust, powder;
26.spent catalyst materials;
27.liquids or sludges containing metals or metal compounds;
28.residue from pollution control operations (e.g. baghouse dusts, etc.) except (29), (30) and (33);
29.scrubber sludges;
30.sludges from water purification plants;
31.decarbonization residue;
32.ion-exchange column residue;
33.sewage sludges, untreated or unsuitable for use in agriculture;
34.residue from cleaning of tanks and/or equipment;
35.contaminated equipment;
36.contaminated containers (e.g. packaging, gas cylinders, etc.) whose contents included one or more of the constituents listed in Annex II;
37.batteries and other electrical cells;
38.vegetable oils;
39.materials resulting from selective waste collections from households and which exhibit any of the characteristics listed in Annex III;
40.any other wastes which contain any of the constituents listed in Annex II and any of the properties listed in Annex III.

Regulation 4(2)(a)(ii)

SCHEDULE 2ANNEX II OF THE HAZARDOUS WASTE DIRECTIVE

“ANNEX II”CONSTITUENTS OF THE WASTES IN ANNEX I.B WHICH RENDER THEM HAZARDOUS WHEN THEY HAVE THE PROPERTIES DESCRIBED IN ANNEX III (*)

Wastes having as constituents:

*

Certain duplications of generic types of hazardous wastes listed in Annex I are intentional.

C1beryllium; beryllium compounds;
C2vanadium compounds;
C3chromium (VI) compounds;
C4cobalt compounds;
C5nickel compounds;
C6copper compounds;
C7zinc compounds;
C8arsenic; arsenic compounds;
C9selenium; selenium compounds;
C10silver compounds;
C11cadmium; cadmium compounds;
C12tin compounds;
C13antimony; antimony compounds;
C14tellurium; tellurium compounds;
C15barium compounds; excluding barium sulfate;
C16mercury; mercury compounds;
C17thallium; thallium compounds;
C18lead; lead compounds;
C19inorganic sulphides;
C20inorganic fluorine compounds, excluding calcium fluoride;
C21inorganic cyanides;
C22the following alkaline or alkaline earth metals: lithium, sodium, potassium, calcium, magnesium in uncombined form;
C23acidic solutions or acids in solid form;
C24basic solutions or bases in solid form;
C25asbestos (dust and fibres);
C26phosphorus: phosphorus compounds, excluding mineral phosphates;
C27metal carbonyls;
C28peroxides;
C29chlorates;
C30perchlorates;
C31azides;
C32PCBs and/or PCTs;
C33pharmaceutical or veterinary compounds;
C34biocides and phyto-pharmaceutical substances (e.g. pesticides, etc.);
C35infectious substances;
C36creosotes;
C37isocyanates; thiocyanates;
C38organic cyanides (e.g. nitriles, etc.);
C39phenols; phenol compounds;
C40halogenated solvents;
C41organic solvents, excluding halogenated solvents;
C42organohalogen compounds, excluding inert polymerized materials and other substances referred to in this Annex;
C43aromatic compounds; polycyclic and heterocyclic organic compounds;
C44aliphatic amines;
C45aromatic amines
C46ethers;
C47substances of an explosive character, excluding those listed elsewhere in this Annex;
C48sulphur organic compounds;
C49any congener of polychlorinated dibenzo-furan;
C50any congener of polychlorinated dibenzo-p-dioxin;
C51hydrocarbons and their oxygen; nitrogen and/or sulphur compounds not otherwise taken into account in this Annex.

Regulation 4(2)(a)(iii)

SCHEDULE 3ANNEX III OF THE HAZARDOUS WASTE DIRECTIVE

“ANNEX III”PROPERTIES OF WASTES WHICH RENDER THEM HAZARDOUS

Notes

1.

Attribution of the hazard properties “toxic” (and “very toxic”), “harmful”, “corrosive” and “irritant” is made on the basis of the criteria laid down by Annex VI, Part IA and Part IIB, of Council Directive 67/548/EEC of 27th June 1967 of the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(1), in the version as amended by Council Directive 79/831/EEC(2).

2.

With regard to attribution of the properties “carcinogenic”, “teratogenic” and “mutagenic”, and reflecting the most recent findings, additional criteria are contained in the Guide to the classification and labelling of dangerous substances and preparations of Annex VI (Part IID) to Directive 67/548/EEC in the version as amended by Commission Directive 83/467/EEC (1).

Test methods

The test methods serve to give specific meaning to the definitions given in Annex III. The methods to be used are those described in Annex V to Directive 67/548/EEC, in the version as amended by Commission Directive 84/449/EEC (2), or by subsequent Commission Directives adapting Directive 67/548/EEC to technical progress. These methods are themselves based on the work and recommendations of the competent international bodies, in particular the OECD.

H1“Explosive”: substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene.
H2“Oxidizing”: substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances.
H3(A)

“Highly flammable”:

  • liquid substances and preparations having a flash point below 21°C (including extremely flammable liquids), or

  • substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy, or

  • solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition, or

  • gaseous substances and preparations which are flammable in air at normal pressure, or

  • substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities.

H3(B)“Flammable”: liquid substances and preparations having a flash point equal to or greater than 21°C and less than or equal to 55°C.
H4“Irritant”: non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, can cause inflammation.
H5“harmful”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve limited health risks.
H6“Toxic”: substances and preparations (including very toxic substances and preparations) which, if they are inhaled or ingested or if they penetrate the skin, may involve serious, acute or chronic health risks and even death.
H7“Carcinogenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence.
H8“Corrosive”: substances and preparations which may destroy living tissue on contacts.
H9“Infectious”: substances containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.
H10“Teratogenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce non-hereditary congenital malformations or increase their incidence.
H11“Mutagenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce hereditary genetic defects or increase their incidence.
H12Substances and preparations which release toxic or very toxic gases in contact with water, air or an acid.
H13Substances and preparations capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the characteristics listed above.
H14“Ecotoxic”: substances and preparations which present or may present immediate or delayed risks for one or more sectors of the environment.

Regulation 23(1)

SCHEDULE 4

FORM OF CONSIGNMENT NOTEHazardous Waste Regulations (Northern Ireland) 2005

Regulation 26(2)

SCHEDULE 5

SCHEDULE OF CARRIERS

Regulation 27(2)(b)

SCHEDULE 6

CARRIERS' SCHEDULE FOR CARRIER'S ROUND

Regulation 35(2)

SCHEDULE 7CROSS BORDER MOVEMENT OF HAZARDOUS WASTE

Mutual recognition of consignment notes

1.  Where hazardous waste has been removed from premises situated in England, Scotland, Wales, or Gibraltar and is transported into Northern Ireland, any consignment note that accompanies that hazardous waste and which either contains or purports to contain the same information in substantially the same format as that set out in either of the notes referred to in subsections (a) or (b) below, shall be treated for the purposes of these Regulations as if it was a consignment note raised in compliance or purported compliance with the provisions of these Regulations:

(a)the Annex to Commission Decision 94/774 of 24th November 1994 concerning the standard consignment note referred to in Council Regulation (EEC) No. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community; or

(b)the form of consignment note set out in Schedule 4 of these Regulations.

2.  Where hazardous waste has been removed from premises situated in England, Scotland, Wales, or Gibraltar and is transported into Northern Ireland, any reference to “special waste” in the consignment note which accompanies the hazardous waste shall for the purposes of these Regulations be deemed to be a reference to “hazardous waste” and any reference to the “EWC Code” shall have effect as if it were a reference to the “List of Wastes Code”.

3.  Any obligation under these Regulations on the producer, holder, consignor, carrier or consignee to complete the relevant part of the consignment note shall be construed as a requirement to complete the equivalent part of any consignment note travelling with any consignment removed from premises in England, Scotland or Wales and transported into Northern Ireland.

General Provisions relating to England, Scotland and Wales

4.  The obligations on the consignee and carrier in regulation 31 (duty of consignee not accepting delivery) shall have effect notwithstanding that the consignment of hazardous waste is from premises situated in England, Scotland or Wales and for the avoidance of doubt this shall include:

(a)the consignee sending a copy of the consignment note or a written explanation to the consignor, producer or holder as the case may be, whether situated in England, Scotland or Wales;

(b)the carrier informing the Department and seeking instructions from the producer, holder or consignor whether situated in England, Scotland or Wales, and to the extent that those instructions are compatible with these regulations, taking all reasonable steps to ensure they are fulfilled.

5.  Where a consignment of hazardous waste is rejected by a consignee in England, Scotland or Wales the obligations on the producer, holder or consignor contained in regulations 31 (duty of consignee not accepting delivery) applies in relation to that consignment to the extent that the law applicable in England, Scotland or Wales imposes substantially similar obligations on the producer, holder or consignor.

Provisions relating to England, Scotland and Wales

6.  Where a consignment of hazardous waste is to be removed from any premises in Northern Ireland and is to be transported and consigned to a consignee in either England, Scotland or Wales, before any such consignment is removed—

(a)the hazardous waste producer or holder, as the case may be, shall—

(i)prepare an extra copy of the consignment note for the consignee and a copy of the consignment note for the Environment Agency (where the waste is to be consigned to a consignee in England or Wales), or for the Scottish Environment Protection Agency (where the waste is to be consigned to a consignee in Scotland), and both of these copies shall be in addition to those copies prepared in accordance with regulation 23 (standard procedure) and regulation 30(3) (removal of wastes by pipeline) as the case may be;

(ii)shall treat those copies of the consignment note in the manner provided by regulation 23 or regulation 30 as the case may be.

(b)the consignor and the carrier shall treat the additional two copies of the consignment note in accordance with regulation 23, except that the consignor (or the producer or holder in the case of removal of wastes by pipeline as provided in regulation 30) shall send one copy of the consignment note to either the Environment Agency (where the waste is to be consigned to a consignee in England or Wales) or to the Scottish Environment Protection Agency (where the waste is to be consigned to a consignee in Scotland), at least 72 hours before the removal of the consignment unless such consignment cannot lawfully remain where it is for 72 hours, in which case the consignment note may be sent to the Environment Agency or Scottish Environment Protection Agency as the case may be within 72 hours before the removal.

7.  Where a carrier makes a multiple collection of hazardous waste in accordance with regulation 24, and the waste is consigned to a consignee in England, Scotland or Wales, he shall before the first collection—

(a)prepare an additional copy of both the consignment note and the carrier’s schedule to that required by regulation 27(2)(b);

(b)complete the relevant parts of the consignment note as required by regulation 27(2)(b)(ii); and

(c)send one copy of both the consignment note and the carriers schedule to the Environment Agency (where the waste is consigned to a consignee in England or Wales) or to the Scottish Environment Protection Agency (where the waste is consigned to a consignee in Scotland), at least 72 hours before the first collection, unless such consignment cannot lawfully remain where it is for 72 hours, in which case the consignment note and the carriers schedule may be sent within 72 hours before the first collection.

8.  Where a consignment of hazardous waste is transported from England, Scotland or Wales to premises situated in Northern Ireland the consignee shall send a copy of the consignment note to either the Environment Agency (where the waste is to be consigned from England or Wales) or to the Scottish Environment Protection Agency (where the waste is to be consigned from Scotland) within the timeframe specified by regulation 34(1).

Regulation 41(1)(a)

SCHEDULE 8

FORM OF CONSIGNEE'S RETURN TO PRODUCER OR HOLDERHazardous waste producer returns form

Regulation 46(6)

SCHEDULE 9

FORM OF FIXED PENALTY NOTICES“Notice of opportunity to pay fixed penalty Hazardous Waste Regulations (Northern Ireland) 2005, Schedule 9”

Regulation 48(2)

SCHEDULE 10CONSEQUENTIAL AMENDMENTS

PART 1consequential amendments to the 1997 Order(3)

1.  For each reference to special waste in Articles 4(9), 12(12), 12(13), 30(1), 30(2)(a)–(e), 30(3)(b) and 31(2)(b) of the 1997 Order there is substituted a reference to hazardous waste.

PART 2consequential amendments to secondary legislation

The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999(4)

2.  (1)  The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 are hereby amended as follows.

(2) In paragraph 9 of Schedule 1, for “hazardous waste (that is to say, waste to which Council Directive 91/689/EEC applies).” substitute “hazardous waste (as defined in regulation [xx] of the Hazardous Waste Regulations (Northern Ireland) 2005.)”.

The Producer Responsibility (Packaging Waste) Regulations (Northern Ireland) 1999(5)

3.  (1)  The Producer Responsibility (Packaging Waste) Regulations (Northern Ireland) 1999 are hereby amended as follows.

(2) Any reference to “special waste” in these Regulations to be substituted by “hazardous waste” as defined in regulation 6 of Hazardous Waste Regulations (Northern Ireland) 2005.

(3) Any reference to “Special Waste Regulations (Northern Ireland) 1998” in these Regulations to be substituted by “Hazardous Waste Regulations (Northern Ireland) 2005”.

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999(6)

4.  (1)  The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 are hereby amended as follows.

(2) In Schedule 1 for regulation 17 of Special Waste Regulations (Northern Ireland) insert “regulation 43 of The Hazardous Waste Regulations (Northern Ireland) 2005”.

Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances) Regulations (Northern Ireland) 2000(7)

5.  (1)  The Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances) ( Regulations (Northern Ireland) 2000 are hereby amended as follows.

(2) In regulation 11(3) any reference to copies of consignment note shall be construed, where necessary, to include consignment notes under Hazardous Waste Regulations (Northern Ireland) 2005.

The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002(8)

6.  (1)  The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002 are hereby amended as follows.

(2)  In regulation 2(3), for “special waste” substitute “hazardous waste”, and for “Special Waste Regulations (Northern Ireland) 1998” substitute “Hazardous Waste Regulations (Northern Ireland) 2005”.

Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002(9)

7.  (1)  The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 are hereby amended as follows.

(2) In regulation 3(3)(e), for “Special Waste Regulations (Northern Ireland) 1998” substitute “Hazardous Waste Regulations (Northern Ireland) 2005”.

Pollution Prevention and Control Regulations (Northern Ireland)2003(10)

8.  (1)  The Pollution Prevention and Control Regulations (Northern Ireland) 2005 are hereby amended as follows.

(2) Any reference to “special waste” in these Regulations to be substituted by “hazardous waste” as defined by regulation 6 of Hazardous Waste Regulations (Northern Ireland) 2005.

(3) Any reference to Special Waste Regulations (Northern Ireland) 1998 in these Regulations to be substituted by “Hazardous Waste Regulations (Northern Ireland) 2005.

(4) In Chapter 5 of Schedule 1, any reference to “hazardous waste” shall be taken to have the meaning in regulation 6 of Hazardous Waste Regulations (Northern Ireland) 2005.

Waste Management Licensing Regulations (Northern Ireland) 2003(11)

9.  (1)  The Waste Management Licensing Regulations (Northern Ireland) 2003 are hereby amended as follows.

(2) Any reference to “special waste” within these Regulations to be substituted by “hazardous waste” as defined by regulation 6 of Hazardous Waste Regulations (Northern Ireland) 2005.

(3) Any reference to regulation 17 of the Special Waste Regulations (Northern Ireland) 1998 in these Regulations to be substituted by regulation 43 of Hazardous Waste Regulations (Northern Ireland) 2005.

(4) Any reference to “hazardous waste” in these Regulations shall be taken to be as defined by regulation 6 of Hazardous Waste Regulations (Northern Ireland) 2005.

Landfill Regulations (Northern Ireland) 2003(12) & Landfill (Amendment) Regulations (Northern Ireland) 2004(13)

10.  (1)  The Landfill Regulations (Northern Ireland) 2003 and Landfill (Amendment) Regulations (Northern Ireland) 2004 are hereby amended as follows.

(2) Any reference to “hazardous waste” in these Regulations shall be taken to be a reference to regulation 6 of Hazardous Waste Regulations (Northern Ireland) 2005.

(3) Any reference to “Hazardous Waste List” shall be taken to refer to the List of Wastes as defined by regulation 5 of Hazardous Waste Regulations (Northern Ireland) 2005.

Packaging (Essential Requirements) Regulations 2003(14)

11.  (1)  The Packaging (Essential Requirements) Regulations 1998 (which extend to England, Wales, Scotland and Northern Ireland) are hereby amended in their application to Northern Ireland only as follows.

(2) In regulation 3(2) of Part II, for the words “or the provisions of Council Directive 91/689/EEC on hazardous waste.” substitute “or the provisions of the Hazardous Waste Regulations (Northern Ireland) 2005”.

(1)

O.J. No. L196, 16.8.1967, p. 1

(2)

O.J. No. L259, 15.10.1979, p. 10

(4)

S.R. 1999/73

(5)

S.R. 1999/115

(6)

S.R. 1999/362

(7)

S.R. 2000/232

(8)

S.R. 2002/271

(9)

S.R. 2002/301

(10)

S.R. 2003/46

(11)

S.R. 2003/493

(12)

S.R.2003/496

(13)

S.R. 2004/297

(14)

S.I. 2003/1941

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