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The Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013 and shall come into operation on 30th November 2013.

(2) In these Regulations—

“the 1994 Order” means the Litter (Northern Ireland) Order 1994;

“the 1997 Order” means the Waste and Contaminated Land (Northern Ireland) Order 1997; and

“Directive waste” has the same meaning as in regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003(1).

Waste which is not to be treated as household waste, industrial waste or commercial waste

2.—(1) Waste which is not Directive waste is not to be treated as household waste, commercial waste or industrial waste for the purposes of Part 2 of the 1997 Order.

(2) The following waste (where it is Directive waste) is not to be treated as household waste, industrial waste or commercial waste for the purposes of Part 2 of the 1997 Order—

(a)sewage sludge or septic tank sludge which is treated, kept or disposed of (otherwise than by means of mobile plant) within the curtilage of a sewage treatment works as an integral part of the operation of those works;

(b)sludge which is supplied or used in accordance with the Sludge (Use in Agriculture) Regulations (Northern Ireland) 1990 (“the 1990 Regulations”)(2);

(c)septic tank sludge which is used on agricultural land within the meaning of the 1990 Regulations.

(3) Animal by-products (where they are Directive waste) which are collected and transported in accordance with Article 21(1) to (3) of the Animal By-Products Regulation are not to be treated as household waste, industrial waste or commercial waste for the purposes of Article 5 of the 1997 Order.

(4) In this regulation—

(a)“animal by-products” has the meaning given in Article 3(1) of the Animal By-Products Regulation;

(b)“the Animal By-Products Regulation” means Regulation (EC) No 1069/2009(3) of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal By-Products Regulation).

Household, industrial and commercial waste

3.—(1) Subject to regulation 2, the Schedule (household, industrial and commercial waste) has effect.

Litter

4.—(1) Part 2 of the 1997 Order has effect as if references to controlled waste collected under Article 20 include references to litter collected under Articles 7(1)(a), 12(10) and 12C(3) of the 1994 Order.

Amendments to other legislation

5.—(1) The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002(4) shall be amended as follows.

(2) In regulation 1(2) insert the following definition in the appropriate alphabetical place

“authorised officer” means an officer of the Department of the Environment.

(3) For regulations 2 to 4 substitute—

Transfer Notes

2.(1) Subject to paragraph (3), the transferor and transferee shall, at the same time as the written description of the waste is transferred in accordance with Article 5(1)(c)(ii) of the 1997 Order, ensure that such a document as is described in paragraph (2) (“a transfer note”) is completed and signed by them or on their behalf.

(2) A transfer note shall—

(a)identify the waste to which it relates by reference to the appropriate categories of waste in the European Waste Catalogue and state—

(i)the quantity of that waste and whether on transfer it is loose or in a container;

(ii)if in a container, the kind of container;

(iii)the date, time and place of transfer;

(iv)the SIC code of the transferor;

(v)the origin of the waste, if known; and

(vi)the destination of the waste upon transfer;

(b)give the name and address of the transferor and the transferee and be signed by them;

(c)state in respect of the transferor and the transferee whether they are—

(i)the producer of the waste;

(ii)the importer of the waste;

(iii)the transporter of the waste or a waste broker or dealer;

(iv)a district council;

(v)a person who is a holder of a waste management licence under Article 6 of the 1997 Order or a permit under Article 9 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003(5), in which case the transfer note must include the waste authorisation number;

(vi)a person to whom Article 4(1) of the 1997 Order does not apply by virtue of regulations under paragraph (3) of that Article;

(vii)a person registered as a carrier of controlled waste under Article 39 of the 1997 Order, in which case the transfer note must include the registration number;

(viii)a person registered as a broker of or dealer in controlled waste, in which case the transfer note must include the registration number;

(d)confirm that the transferor has discharged the duty as required by regulation 17 of the Waste Regulations (Northern Ireland) 2011(6) (the Waste Hierarchy).

(3) A transfer note—

(i)may be in electronic form; and

(ii)where in electronic form, shall only be accepted if it is legible.

(4) Where the transfer note is in electronic form, the signature required by paragraph (2)(b) shall be an electronic signature and “electronic signature” means data in electronic form which is attached to or logically associated with the transfer note and which serves as a method of authentication.

(5) In this regulation “SIC code” means a code included in the UK Standard Industrial Classification of Economic Activities 2007 published by the Office for National Statistics on 14th December 2007(7).

Duty to keep copies of written descriptions of waste and transfer notes

3.(1) The transferor and the transferee shall keep a transfer note, or a copy of it as appropriate, for at least 2 years from the date upon which it is completed and signed by them.

(2) This regulation shall not apply where the waste transferred is hazardous waste and the consignment note and, where appropriate, a schedule required by the Hazardous Waste Regulations (Northern Ireland) 2005(8) is completed and dealt with in accordance with those Regulations.

Duty to furnish documents

4.(1) A person holding or transporting waste shall carry the associated transfer note with that waste and shall produce that transfer note to an authorised officer or a constable on demand.

(2) A person who has been served by the Department with a notice in writing specifying or describing any document and requiring its production shall, if the document is one which at that time he is under a duty to keep under regulation 3, furnish the Department with a copy of it within the period (not being less than 7 days) specified in the notice”.

Revocation

6.  The Controlled Waste Regulations (Northern Ireland) 2002(9) are revoked.

Sealed with the Official Seal of the Department of the Environment on 31st October 2013

Legal seal

Wesley Shannon

A senior officer of the Department of the Environment

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