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The Dangerous Substances (Notification and Marking of Sites) Regulations 1990

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Regulation 3

SCHEDULE 1EXCEPTIONS

1.  These regulations shall not apply to or in relation to–

(a)dangerous substances which have been buried or deposited in the ground at the site as waste (whether in bulk, in drums or in other containers);

(b)substances which are dangerous substances by reason only that they are radioactive substances;

(c)substances which on classification under the Classification and Labelling of Explosives Regulations 1983(1) have been assigned to Class 1 within the meaning of those Regulations;

(d)aerosol dispensers unless they are labelled in accordance with the 1984 Regulations, or would be required to be so labelled if they were being supplied or conveyed by road.

2.  Regulation 4 (which relates to notification) shall not apply to–

(a)sites which are notifiable to the Executive in accordance with the Notification of Installations Handling Hazardous Substances Regulations 1982(2);

(b)sites at which there is an industrial activity to which regulation 7 of the Control of Industrial Major Accident Hazards Regulations 1984 applies(3);

(c)sites in respect of which a licence is in force for the keeping of substances under the Petroleum (Consolidation) Act 1928(4);

(d)sites within the area of a harbour authority in relation to which regulation 27 of the Dangerous Substances in Harbour Areas Regulations 1987 applies(5);

(e)sites in respect of which a disposal licence is in force under section 5 of the Control of Pollution Act 1974(6) or operated by a disposal authority in accordance with section 11 of that Act;

(f)sites in respect of which a nuclear site licence is in force under the Nuclear Installations Act 1965(7).

3.  Regulation 4 (in so far as it requires notification to be made to the fire authority) shall not apply to a site being premises to which section 3 of the Greater London Council (General Powers) Act 1975(8) applies if a notice under section 3(3)(b) of that Act has been given to the occupier of the premises at any time before 1st September 1990.

4.  Regulations 5 and 6 (which relate to access and location marking respectively) shall not apply to petroleum filling stations as defined in section 23 of the Petroleum (Consolidation) Act 1928.

Regulation 4

SCHEDULE 2MATTERS TO BE NOTIFIED

PART IPARTICULARS TO BE NOTIFIED UNDER REGULATION 4(1)

1.  The name and address of the person making the notification.

2.  The full postal address of the site.

3.  A general description of the nature of the business carried on or intended to be carried on at the site.

4.  A list of the classifications of any dangerous substances which are, or are liable to be, present.

5.  The date on which it is anticipated that a total quantity of 25 tonnes or more of dangerous substances will be present, or if they are already present, a statement to that effect.

PART IICHANGES TO BE NOTIFIED UNDER REGULATION 4(2)

1.  The cessation of the presence of dangerous substances at the site other than a temporary cessation.

2.  The reduction of the total quantity of dangerous substances present at the site to below 25 tonnes at the site other than a temporary reduction.

3.  Any change in the list of classifications previously notified under paragraph 4 of Part I of this Schedule, including any change in that list as previously revised pursuant to this paragraph.

Regulation 6(5)

SCHEDULE 3TABLE OF CLASSIFICATIONS AND HAZARD WARNINGS

12
lassificationHazard warning symbol and text
Non-flammable compressed gasCOMPRESSED GAS
Toxic gasTOXIC GAS
Flammable gasFLAMMABLE GAS
Flammable liquidFLAMMABLE LIQUID
Flammable solidFLAMMABLE SOLID
Spontaneously combustible substanceSPONTANEOUSLY COMBUSTIBLE
Substance which in contact with water emits flammable gasDANGEROUS WHEN WET
Oxidizing substanceOXIDIZING AGENT
Organic peroxideORGANIC PEROXIDE
Toxic substanceTOXIC
Corrosive substanceCORROSIVE
Harmful substance Other dangerous substance Mixed hazardsDANGEROUS SUBSTANCE

Regulation 11

SCHEDULE 4REPEALS AND ENABLING POWERS

(1)(2)(3)(4)
ActsChapterProvisions repealedEnabling powers
The West Midlands County Council Act 1980c.xisection 48section 119(1)(b)
The Cheshire County Council Act 1980c.xiiisection 57section 110(1)(b)
The South Yorkshire Act 1980c.xxxviisection 56section 107(1)(b)
The Tyne and Wear Act 1980c.xliiisection 23section 56(1)(b)
The County of Kent Act 1981c.xviiisection 55section 130(1)(b)
The Derbyshire Act 1981c.xxxivsection 27section 64(1)
The Cumbria Act 1982c.xvsection 30section 66(1)(b)
The Hampshire Act 1983c.vsection 15section 84(1)(b)
The County of Lancashire Act 1984c.xxisection 33section 141(1)(b)
The Leicestershire Act 1985c.xviisection 46section 109(1)
The Clwyd County Council Act 1985c.xlivsection 22section 69(1)
The Berkshire Act 1986c.iisection 34section 75(1)
The County of Cleveland Act 1987c.ixsection 4section 42(1)
The Dyfed Act 1987c.xxivsection 52section 76(1)
(1)

S.I. 1983/1140.

(2)

S.I. 1982/1357.

(3)

S.I. 1984/1902, the relevant amending instrument is S.I. 1988/1462.

(5)

S.I. 1987/37.

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