The Landfill (England and Wales) (Amendment) Regulations 2004

Amendment of Schedule 4 (Transitional Provisions)

8.—(1) In paragraph 1 of Schedule 4—

(a) in sub-paragraph (8) for “within sub-paragraph (6)” substitute “within sub-paragraph (6), (9A) or (9B)”;

(b) after sub-paragraph (9) insert—

“(9A) Where following receipt of a notice under sub-paragraph (9)(a)—

(a) the operator notifies the Environment Agency that he does not propose to accept waste for disposal after the date specified in the notice as the end of the period within which an application for a landfill permit under regulation 10 of the 2000 Regulations must be made;

(b) no application for a landfill permit is duly made within the period specified in the notice; or

(c) an application for a landfill permit is made within the period specified in the notice but then withdrawn or deemed withdrawn at some time after the end of that period,

the Environment Agency shall ensure closure of the landfill site as soon as possible (in whole or part) in accordance with regulation 15.

(9B) Where a landfill permit is refused pursuant to an application made under sub-paragraph (9), the Agency shall ensure closure of the landfill site (in whole or part) in accordance with regulation 15 as soon as possible after the determination date for that part of the landfill site.”;

(c) for sub-paragraph (13) substitute—

“(13) In this Schedule—

(a) “the relevant requirements of these Regulations” do not include the requirements of paragraph 1 of Schedule 2; and

(b) “determination date” means—

(i) for a landfill (in whole or part) in relation to which a permit is refused and the applicant for the permit appeals against refusal, the date of affirmation of the refusal;

(ii) for a landfill (in whole or part) in relation to which a permit is refused and no appeal is made against the refusal, the date immediately following the last day, determined in accordance with paragraph 2 of Schedule 8 to the 2000 Regulations, on which a notice of appeal might have been given.”.

(2) In paragraph 3 of Schedule 4 in sub-paragraph (5), for “in the circumstances specified in regulation 10(3)(c) and (4)” substitute “if the waste is stable non-reactive hazardous waste and it fulfils the relevant waste acceptance criteria”.