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

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Nature of waste and activities producing waste

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3.—(1) Table 2 describes waste which is to be treated as household waste, commercial waste or industrial waste because of its nature or the activity which produces it notwithstanding the place where it is produced.

(2) The second column of Table 2 describes the nature of the waste or the activity which produces it.

(3) The waste must be treated for the purposes of Part 2 of the 1997 Order as the type of waste established in the third column, subject to any exception in the fourth column.

(4) But in a case where paragraph 4(3) requires waste to be treated inconsistently with sub-paragraph (3), the requirements of paragraph 4(3) takes precedence.

Table 2

Classification by nature of waste or activity producing waste

No.DescriptionClassificationExceptions
1Waste arising from the discharge of duties under Article 7(1)(a) or (e) of the 1994 Order (duty to collect litter)Household waste
2Waste arising from the discharge by a district council of its duty under Article 7(2) of the 1994 Order (duty to ensure roads are kept clean)Household waste
3Waste arising from the discharge of duties under Article 7(1)(c), 12(10), 12C(3) and 13 of the 1994 Order (duty and powers in relation to the collection of litter)Commercial waste
4Waste arising from the discharge of duties under Article 7(1)(b) and (d) of the 1994 Order (duties to collect litter)Industrial waste
5Waste arising from the discharge by a district council or the Department for Regional Development of the duty under Article 7(2) of the 1994 Order (duty to ensure roads are kept clean)Industrial waste
6

Hazardous waste arising from the following activities carried on at 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

Industrial waste
7Waste oil, waste solvent or scrap metalIndustrial waste

Where the waste is produced at the following places it is to be treated as household waste—

(a)

a residential home;

(b)

domestic property, a caravan or land belonging to or used in connection with such a place;

(c)

a private garage which has a floor area of 25m2 or less or is used wholly or mainly for the accommodation of a private motor vehicle;

(d)

private storage premises used wholly or mainly for the storage of articles of domestic use; or

(e)

a vehicle or vessel used wholly for the purposes of living accommodation, except where it is used in the course of a business for the provision of self-catering accommodation

8Waste from construction or demolition works, including preparatory worksIndustrial wasteThe waste is to be treated as household waste for the purposes of Articles 5(2) and (2A) of the 1997 Order only (dis-application of Article 5(1) and duty on the occupier of domestic property to transfer household waste only to an authorised person or for authorised transport purposes)
9Septic tank sludgeIndustrial wasteThe waste is to be treated as household waste for the purposes of Articles 5(2) and (2A) of the 1997 Order
10SewageIndustrial waste
11Clinical waste and offensive wasteIndustrial wasteClinical waste and offensive waste produced at domestic property, a residential home, a caravan or a vehicle or vessel used wholly for the purposes of living accommodation is to be treated as household waste, except that where such a vehicle or vessel is used in the course of a business for the provision of self-catering accommodation, such waste is to be treated as commercial waste. Clinical waste and offensive waste collected under Article 7(1) and (2) of the 1994 Order is to be treated as household waste or commercial waste in accordance with entries 1 to 6
12Agricultural WasteIndustrial wasteApplies only where this waste is Directive waste

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