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Statutory Instruments

2005 No. 894

ENVIRONMENTAL PROTECTION,ENGLAND AND WALES

The Hazardous Waste (England and Wales)Regulations 2005

Made

23rd March 2005

Laid before Parliament

24th March 2005

Coming into force in accordance with regulation 1(1)

The Secretary of State, being a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste, in exercise of the powers conferred on her by section 2(2) of that Act and section 156 of the Environmental Protection Act 1990 M3, makes the following Regulations:

Marginal Citations

M1S.I. 1992/2870. The National Assembly for Wales is designated in relation to the controlled management of hazardous waste in Wales (see S.I. 2001/3495). The designations in relation to waste for National Assembly for Wales are shortly to be brought into line with those of the Secretary of State.

M31990 c. 43. The relevant functions of the Secretary of State in so far as they relate to Scotland were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

PART 1E+WGeneral

Citation, commencement, extent and territorial applicationE+W

1.—(1) These Regulations may be cited as the Hazardous Waste (England and Wales) Regulations 2005 and come into force as follows-

(a)Parts 1, 2, paragraph 1 of Part 1 of Schedule 12 and, for the purposes of that paragraph only, Part 5, regulation 59(3) and Schedule 9 and regulation 78 on 16th April 2005; and

(b)the remainder, on 16th July 2005.

(2) These Regulations extend to England and Wales only.

(3) Nothing in these Regulations applies to Wales except this regulation, Part 11, and regulation 5 so far as relating to that Part.

The Waste Directive and the meaning of wasteE+W

[F12.—(1) For the purposes of these Regulations—

[F2(a)“the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste [F3, as last amended by [F4Directive (EU) 2018/851]] [F5, and as read in accordance with regulation 2A];]

(b)“waste” means anything that—

(i)is waste within the meaning of Article 3(1) of the Waste Directive [F6, as read with Articles 5 and 6 of that Directive]; and

(ii)subject to regulation 15, is not excluded from the scope of that Directive by Article 2(1), (2) or (3).

(2) In these Regulations, a reference to the Waste Directive conditions is a reference to the conditions set out in Article 13 of that Directive, that is to say, to ensure that waste management is carried out without endangering human health, without harming the environment and, in particular—

(a)without risk to water, air, soil, plants or animals;

(b)without causing a nuisance through noise or odours; and

(c)without adversely affecting the countryside or places of special interest.]

Textual Amendments

[F7Modification of the Waste DirectiveE+W

2A.—(1) For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.

(2) A reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of England.

(3) Article 2 is to be read as if—

(a)in paragraph 2—

(i)in the words before point (a), for “other Community legislation” there were substituted “ retained EU law ”;

(ii)in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;

(iii)in point (d), for the words from “Directive 2006/21/EC” to the end there substituted “ the Mining Waste Directive ”;

(b)in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;

(c)paragraph 4 were omitted.

(5)  Article 5 is to be read as if—

(a)in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b)after paragraph 1 there were inserted—

“1A.  Any decision as to whether a substance or object is a by-product must be made—

(a)in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b)having regard to any guidance published by the appropriate authority for the purposes of this Article.”;

(c)paragraphs 2 and 3 were omitted.

(6) Article 6 is to be read as if—

(a)in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b)after paragraph 1 there were inserted—

“1A.  Any decision as to whether a substance or object has ceased to be waste must be made—

(a)in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b)having regard to any guidance published by the appropriate authority for the purposes of this Article.”;

(c)in paragraph 2—

(i)the first subparagraph were omitted;

(ii)in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii)the third and fourth subparagraphs were omitted;

(d)paragraph 3 were omitted;

(e)in paragraph 4—

(i)in the first subparagraph—

(aa)in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the Agency”;

(bb)the second sentence were omitted;

(ii)in the second subparagraph—

(aa)for “Member States” there were substituted “The Agency”;

(bb)“by competent authorities” were omitted.

(7) Article 7 is to be read as if—

(a)before paragraph 1 there were inserted—

“A1.  In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England.”;

(b)in paragraph 1—

(i)the first and second sentences were omitted;

(ii)for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

(c)paragraphs 2, 3, 6 and 7 were omitted.

(8) Article 19 is to be read as if—

(a)in paragraph 1, for “Community” there was substituted “ national ”;

(b)in paragraph 2, for “a Member State” there were substituted “ England ”.

(9) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

(10) In paragraph (2), “local authority” means—

(a)in England outside Greater London—

(i)a district council,

(ii)a county council, or

(iii)the Council of the Isles of Scilly;

(b)in Greater London—

(i)the council of a London borough,

(ii)the Common Council of the City of London,

(iii)the Sub-Treasurer of the Inner Temple, or

(iv)the Under-Treasurer of the Middle Temple.]

Textual Amendments

[F7Meaning of the “Mining Waste Directive”E+W

2B.—(1) In regulation 2A(3)(a)(iii), “the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with paragraphs (2) and (3).

(2) Article 2 is to be read as if—

(a)in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with paragraph (7) of this regulation;

(b)paragraphs 3 and 4 were omitted.

(3) Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EEC” there were substituted “ Article 3(1) of the Waste Directive, as read with Articles 5 and 6 of that Directive ”.

(7) For the purposes of paragraph (2)(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—

(a)the reference to “Member States” were a reference to the appropriate authority;

(b)in the words after the final indent, “environmental objectives”—

(i)in relation to the Northumbria River Basin District, means the objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;

(ii)in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;

(iii)in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.

(8) In paragraph (7)(b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.]

Textual Amendments

[F8Annex III to the Waste DirectiveE+W

3.  A reference in these Regulations to—

(a)Annex III is a reference to Annex III (properties of waste which render it hazardous) to the Waste DirectiveF9...;

(b)hazardous properties is a reference to the properties in Annex III.]

Textual Amendments

The List of WastesE+W

4.—[F10(1) In these Regulations, “the List of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time.]

(2) A reference in these Regulations in relation to any waste to—

(a)being “listed as a waste” and “listed as a hazardous waste” refers to that waste being listed as a waste, or as a hazardous waste, as the case may be, in the List of Wastes, provided, in the case of a waste to which a limit value of concentration applies, it shall only be considered to be listed as a hazardous waste where the relevant limit value of concentration is satisfied;

(b)being “not listed as hazardous” refers to that waste being not listed as a hazardous waste in the List of Wastes, whether or not it is listed as a waste, and whether or not it is otherwise a hazardous waste pursuant to these Regulations;

and cognate expressions shall be construed accordingly.

Textual Amendments

General InterpretationE+W

5.—(1) In these Regulations—

“the 1990 Act” means the Environmental Protection Act 1990 M4;

“the 1995 Act” means the Environment Act 1995 M5;

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“the 1996 Regulations” means the Special Waste Regulations 1996 M6);

[F12“the Environmental Permitting Regulations” means [F13the Environmental Permitting (England and Wales) Regulations 2016];]

“the Agency” means the Environment Agency;

[F14“appropriate authority” means the Secretary of State or the Agency;]

“asbestos waste” means waste which contains or is contaminated by asbestos;

“authorised person” has the meaning given by section 108(15) of the 1995 Act;

“business day” means any day other than any—

(a)

Saturday or Sunday;

(b)

Good Friday or Christmas Day;

(c)

day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 M7; or

(d)

other public holiday;

“carrier” in relation to a consignment of hazardous waste, means a person who takes one or more of the following actions, that is to say, collects the consignment from the premises at which it was produced or premises at which it is being held, delivers it to the consignee, or transports it in the course of its transfer from those premises to the consignee;

“consignee”, in relation to a consignment of hazardous waste, means the person to whom the waste is or is to be transferred for recovery or disposal;

“consignment code” shall be construed in accordance with regulation 34(1);

[F15“consignment note”, in relation to a consignment of hazardous waste, means the identification document which is required to accompany the hazardous waste when it is transferred pursuant to Article 19(2) of the Waste Directive.]

“consignor”, in relation to a consignment of hazardous waste, means the person who causes that waste to be removed from the premises at which it was produced or is being held;

[F16“domestic waste” means waste produced by a household;]

“emergency or grave danger” has the meaning given by regulation 61;

“emergency services” means those police, fire and ambulance services who are liable to be required to respond to an emergency;

[F17“environmental permit” has the meaning given in regulation 13(1) of [F18the Environmental Permitting Regulations];]

[F19“harbour area” has the same meaning as in the Dangerous Goods in Harbour Areas Regulations 2016;]

“hazardous waste” has the meaning given by regulation 6; “mixing” shall be construed in accordance with regulation 18;

[F20“Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if—

(a)

in Article 2—

(i)

in point (a)—

(aa)

“‘waste’,” were omitted; and

(bb)

for “Directive 2008/98/EC” there were substituted “the Waste Framework Directive”;

(ii)

after point (a) there were inserted—

“(aa)‘waste’ has the meaning given by regulation 2(1)(b) of the Hazardous Waste (England and Wales) Regulations 2005;”;

(b)

in Article 3—

(i)

in paragraph (2), “Without prejudice to existing Community legislation,” were omitted;

(ii)

for paragraph (3) there were substituted—

“3.  The management of extractive waste, within the meaning given in regulation 2(1) of the Environmental Permitting Regulations, is excluded from the scope of this Directive where it falls within the scope of Schedule 20, or paragraph 8(a) or (b) of Schedule 22, to those Regulations.”.]

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22“multiple collection” means a journey made by a single carrier which meets the following conditions—

(a)

the carrier collects more than one consignment of hazardous waste in the course of the journey;

(b)

each consignment is collected from different premises;

(c)

all the premises from which a collection is made are in England; and

(d)

all consignments collected are transported by that carrier in the course of a journey to the same consignee;]

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“non-hazardous waste” has the meaning given by regulation 7;

[F24“premises” includes land and any ship] F25...;

“quarter” means any period of three months ending on 31st March, 30th June, 30th September or 31st December;

[F26“radioactive substances activity” has the meaning given in Schedule 23 to the Environmental Permitting Regulations;]

[F27“radioactive substances exemption” has the meaning given in regulation 2(1) of the Environmental Permitting Regulations;]

[F26“radioactive waste” has the meaning given in Schedule 23 to the Environmental Permitting Regulations;]

[F28“registered exemption” means an exempt waste operation within the meaning of the Environmental Permitting Regulations;]

“schedule of carriers” means the form of schedule set out in Schedule 5 and required to be completed where more than one carrier transports, or is to transport, the consignment;

“SEPA” means the Scottish Environment Protection Agency;

“ship” means a vessel of any type whatsoever including submersible craft, floating craft and any structure which is a fixed or floating platform;

“six digit code” means the six digit code referable to a type of waste in accordance with the List of Wastes, and in relation to hazardous waste, includes the asterisk;

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“United Kingdom ship” has the meaning given by section 1 of the Merchant Shipping Act 1995 M8;

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F29“waste permit” means a marine licence under Part 4 of the Marine and Coastal Access Act 2009 or an environmental permit.]

[F30(2) In these Regulations—

“broker” means an undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;

“collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;

“dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;

“disposal” means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy (Annex I of the Waste Directive sets out a non-exhaustive list of disposal operations);

“holder” means the producer of the waste or the person who is in possession of it;

“management” means the collection, transport, recovery [F31(including sorting)] and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as dealer or broker;

“producer” means anyone whose activities produce waste (original waste producer) or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of the waste;

“recovery” means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy (Annex II of the Waste Directive sets out a non-exhaustive list of recovery operations);

“waste oil” means any mineral or synthetic lubrication or industrial oil which has become unfit for the use for which it was originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils,

and cognate expressions must be construed accordingly.]

(3) In these Regulations—

(a)any document which is to be provided or given to any person (other than a fixed penalty notice under Part 10) may be provided or given to that person in electronic form if the text is capable of being produced by that person in a visible and legible documentary form;

(b)any requirement to make, keep or retain a record or to maintain a register may be satisfied in electronic form if the text is capable of being produced by that person in a visible and legible documentary form;

(c)any requirement for a signature on a F32... consignment note [F33or schedule of carriers], may be satisfied by an electronic signature incorporated into the document; and

(d)“electronic signature” means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication.

Textual Amendments

F12Words in reg. 5(1) substituted (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1), Sch. 26 para. 23(2)(a) (with reg. 1(2))

F18Words in reg. 5(1) substituted (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1), Sch. 26 para. 23(2)(b) (with reg. 1(2))

F26Words in reg. 5(1) inserted (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1), Sch. 26 para. 23(2)(e) (with reg. 1(2))

F28Words in reg. 5(1) substituted (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1), Sch. 26 para. 23(2)(c) (with reg. 1(2))

Marginal Citations

M6S.I. 1996/972 as amended by S.I. 1996/2019, 1997/251, 2001/3148.

PART 2 E+WHazardous and Non-Hazardous Waste

Hazardous wasteE+W

6.  Subject to regulation 9, a waste is a hazardous waste if it is—

(a)listed as a hazardous waste in the List of Wastes M9;

F34(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a specific batch of waste which is determined pursuant to regulation 8 to be a hazardous waste,

and the term “hazardous” and cognate expressions shall be construed accordingly.

Textual Amendments

Marginal Citations

M9Wastes listed as hazardous in the List of Wastes are considered hazardous pursuant to the first indent of Article 1.4 of the Hazardous Waste Directive.

Non-hazardous wasteE+W

7.  The following are non-hazardous waste—

(a)a waste which is not a hazardous waste pursuant to regulation 6; or

(b)a specific batch of waste which is determined pursuant to regulation 9 to be a non-hazardous waste,

and the expression “non-hazardous” and cognate expressions shall be construed accordingly.

Specific waste to be treated as hazardousE+W

8.—(1) The Secretary of State, having regard to [F35Annex III] and the limit values of concentration in the List of Wastes, may determine, in exceptional cases, that a specific batch of waste in England which—

(a)is not listed as a hazardous waste in the List of Wastes;

F36(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)though of a type listed as a hazardous waste in the List of Wastes, is treated as non-hazardous pursuant to regulation 9(2),

displays one or more of the hazardous properties, and accordingly that it shall be treated for all purposes as hazardous waste.

(2) A specific batch of waste produced in Wales, Scotland or Northern Ireland and not listed as hazardous in the List of Wastes and which is for the time being determined F37... to be hazardous pursuant to [F38paragraph (3)], shall, subject to any determination made under regulation 9, be treated for all purposes as hazardous waste in England.

[F39(3) For the purposes of paragraph (2), a specific batch of waste is determined to be hazardous—

(a)in relation to Wales if—

(i)of a type listed in regulations made under section 62A(2) of the 1990 Act;

(ii)it is the subject of a determination by the Welsh Ministers under regulation 8 of the Hazardous Waste (Wales) Regulations 2005;

(b)in relation to Northern Ireland, it is the subject of a determination by the Department of Agriculture, Environment and Rural Affairs under regulation 9 of the Hazardous Waste Regulations (Northern Ireland) 2005;

(c)in relation to Scotland, it is the subject of a determination by the Scottish Ministers, because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex III.]

Textual Amendments

Specific waste to be treated as non-hazardousE+W

9.—(1) The Secretary of State may decide, in exceptional cases, on the basis of documentary evidence provided by the holder, and having regard to [F40Annex III] and the limit values of concentration in the List of Wastes, that a specific batch of waste in England which—

(a)is listed as hazardous waste in the List of Wastes;

F41(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)though of a type not listed as a hazardous waste in the List of Wastes, is treated as hazardous pursuant to regulation 8(2),

does not display any of the properties listed in Annex III F42... and accordingly that it shall be treated for all purposes as non-hazardous in England.

[F43(1A) The Secretary of State must not decide to treat waste as non-hazardous under paragraph (1) if it has been diluted or mixed with the aim of lowering the initial concentrations of hazardous substances to a level below the thresholds for defining waste as hazardous.]

(2) A specific batch of waste produced in Wales, Scotland or Northern Ireland and listed as a hazardous waste in the List of Wastes and which is for the time being determined F44... to be non-hazardous pursuant to [F45paragraph (3)], shall, subject to any determination made under regulation 8, be treated for all purposes as non-hazardous in England.

[F46(3) For the purposes of paragraph (2), a specific batch of waste is determined to be non-hazardous if it is the subject of a decision—

(a)in relation to Wales, by the Welsh Ministers under regulation 9 of the Hazardous Waste (Wales) Regulations 2005;

(b)in relation to Northern Ireland, by the Department of Agriculture, Environment and Rural Affairs under regulation 10 of the Hazardous Waste Regulations (Northern Ireland) 2005;

(c)in relation to Scotland, by the Scottish Ministers that the Scottish Ministers consider that the waste displays none of the hazardous properties listed in Annex III.]

Textual Amendments

Provisions common to regulations 8 and 9E+W

10.—(1) The Secretary of State may revoke a determination made under regulation 8 or 9.

(2) The Secretary of State shall, before making a determination under regulation 8 or 9 or revoking such a determination, except where she considers it inappropriate to do so on account of the nature of any emergency or grave danger, consult—

(a)the requisite bodies;

(b)the holder of the specific batch of waste; and

(c)any other person appearing to her—

(i)to have an interest in the specific waste; or

(ii)to be otherwise directly affected by the determination.

(3) The Secretary of State shall give notice of any determination made under regulation 49 or 50 or revocation of such a determination to—

(a)the requisite bodies;

(b)the holder of the specific batch of waste concerned; and

(c)any person she has consulted pursuant to paragraph (2)(c).

(4) The notice shall give reasons for the determination or revocation, as the case may be.

Requisite bodiesE+W

11.  For the purposes of this Part, the “requisite bodies” are—

(a)the Agency;

[F47(aa)the Natural Resources Body for Wales;]

(b)SEPA;

(c)the National Assembly for Wales;

(d)the Scottish Executive;

(e)the Northern Ireland Department of the Environment M10;

(f)the Health and Safety Executive; and

(g)any organisation appearing to the Secretary of State to be representative of persons likely to be affected by the relevant determination or revocation of a determination, as the case may be.

Textual Amendments

Marginal Citations

M10The Northern Ireland Department of the Environment includes its executive agency the Environmental Heritage Service.

PART 3E+WApplication of Parts 4 to 11

General application of Parts 4 to 11E+W

12.—(1) Subject to paragraphs (2) to (4), these Regulations apply to hazardous waste.

[F48(2) Except as provided in regulations 13 (asbestos waste) and 14 (separated domestic fractions), these Regulations do not apply to domestic waste.]

(3) Nothing in Part 6 of these Regulations (movement of hazardous waste) shall apply in relation to shipments of waste to which the provisions of [F49Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste], other than Title III of that Regulation, apply.

(4) These Regulations apply to hazardous waste in England notwithstanding that the waste—

(a)was produced on or removed from premises in Scotland, Wales, Northern Ireland or Gibraltar; or

(b)is, or is to be, transported from premises in England to premises located in one of those places.

(5) For the avoidance of doubt, in their application to—

(a)ships' waste, these Regulations apply to any ship;

(b)the internal waters and the territorial sea of the United Kingdom adjacent to England, these Regulations apply, without prejudice to paragraph (3), to a consignment of waste transported in any ship,

in each case (whether the ship is a United Kingdom ship or otherwise and, if a United Kingdom ship, whether registered in England or otherwise).

Textual Amendments

Asbestos wasteE+W

[F5013.—(1)  These Regulations apply to asbestos waste whether or not it is domestic waste.

(2) Nothing in these Regulations imposes obligations on an occupier of domestic premises in relation to asbestos waste produced on those premises.

(3) A contractor who is engaged to carry out any works at domestic premises which produce asbestos waste or which relate to asbestos waste is to be treated as the producer of the asbestos waste, and, where the contractor does not engage another person as consignor, as the consignor of the asbestos waste.]

Textual Amendments

[F51Separated domestic fractionsE+W

14.—(1) This regulation applies to any separated domestic fraction, that is to say, hazardous waste which—

(a)is domestic waste; and

(b)has been separated from other domestic waste.

(2) Nothing in these Regulations imposes obligations on an occupier of domestic premises in relation to separated domestic fractions which have been produced at those premises.

(3) Part 4 of these Regulations applies to separated domestic fractions from the time at which the waste is accepted for collection, disposal or recovery—

(a)from the domestic premises at which the waste was produced; or

(b)at a site for the reception of domestic waste to which the separated domestic fractions are taken by an occupier of domestic premises.

(4) After separated domestic fractions have been removed from the premises at which the waste was produced and taken to other premises for collection, disposal or recovery, any establishment or undertaking which accepts the separated domestic fractions for collection, disposal or recovery must be treated from the time at which the waste is so accepted as the producer of the waste for the purposes of these Regulations.]

Textual Amendments

[F52Hazardous waste produced at shop premisesE+W

14A.—(1) Hazardous waste produced at shop premises by customers of the occupier shall be treated as being produced by the occupier for the purposes of these Regulations.

(2) For the purposes of this regulation, “shop premises” has the meaning given by section 1(3) of the Offices, Shops and Railway Premises Act 1963.]

Textual Amendments

Radioactive wasteE+W

15.—[F53(1) This regulation applies to radioactive waste where—

(a)a radioactive substances activity in relation to that radioactive waste does not require an environmental permit by virtue of [F54a radioactive substances exemption]; and

(b)that radioactive waste has one or more hazardous properties arising other than from its radioactive nature.]

(2) Notwithstanding regulation 2(1)(b)(ii), radioactive waste to which this regulation applies is treated as waste for the purposes of these Regulations, and accordingly it is treated as hazardous waste and these Regulations apply to that waste.

Textual Amendments

F53Reg. 15(1) substituted (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1), Sch. 26 para. 23(3) (with reg. 1(2))

Agricultural wasteE+W

16.—(1) These Regulations do not apply to agricultural waste before [F5515th May 2007], but apply on and after that date to agricultural waste whenever it became waste.

(2) For the purpose of this regulation, “agricultural waste” means waste from premises used for agriculture within the meaning of the Agriculture Act 1947 M11.

Textual Amendments

Marginal Citations

Mines and quarries wasteE+W

17.  These Regulations do not apply to waste from a mine or quarry before [F5615th May 2007], but apply on and after that date to such waste whenever it became waste.

Textual Amendments

PART 4 E+WMixing Hazardous Waste

Meaning of mixing hazardous wasteE+W

18.  For the purposes of these Regulations, hazardous waste of any description shall be considered to have been mixed if it has been [F57diluted or has been] mixed with—

(a)a different category of hazardous waste;

[F58(aa)in the case of hazardous waste comprising waste oil, waste oil of different characteristics;]

(b)a non-hazardous waste; or

(c)any other substance or material.

Textual Amendments

Prohibition on mixing hazardous waste without a permitE+W

19.—(1) Subject to paragraphs [F59(2), (3) and (4)], no establishment or undertaking which carries out the disposal or recovery of hazardous waste, or which produces, collects or transports hazardous waste, shall mix any hazardous waste.

(2) Paragraph (1) does not apply so as to prohibit a process by which waste is produced and which results in the production of mixed wastes, being a process other than one which mixes a waste with any other waste, substance or material, resulting in—

(a)a change in the nature or composition of that waste;

(b)or the production of another waste.

(3) Paragraph (1) does not apply to the extent that the mixing is part of a disposal or recovery operation and is authorised by, and is conducted in accordance with, the requirements (howsoever expressed) of a waste permit F60....

[F61(4) Paragraph (1) applies to the mixing of waste oil only where such mixing would impede regeneration or another recycling operation delivering an equivalent or a better overall outcome than regeneration.

(5) In paragraph (4)—

“recycling” means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes, including the reprocessing of organic material but not including energy recovery or reprocessing into materials that are to be used as fuels;

“regeneration” means any recycling operation whereby base oils can be produced by refining waste oils, in particular by removing the contaminants, the oxidation products and the additives contained in such oils.]

Textual Amendments

Duty to separate mixed wastesE+W

20.—(1) [F62Paragraph (2)] applies to the holder where—

(a)the hazardous waste has been mixed other than under and in accordance with a waste permit F63..., whether by the holder or a previous holder; and

(b) separation is both—

(i)technically F64... feasible; and

(ii)necessary in order to comply with the Waste Directive conditions.

(2) The holder must make arrangements for separation of the waste to be carried out in accordance with a waste permit or registered exemption as soon as reasonably practicable.

[F65(2A) Where separation is not required pursuant to paragraph (2), the holder must make arrangements for mixed hazardous waste to be treated at a facility authorised by a waste permit to treat that waste.]

(3) In this Regulation “separation” means separation of a waste from any other waste, substance or material with which it has been mixed.

Textual Amendments

F63Words in reg. 20(1)(a) omitted (29.3.2011) by virtue of The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 2 para. 10 (with regs. 2, 47(2))

F66PART 5E+WNotification of Premises

Textual Amendments

Requirement to notify premisesE+W

21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prohibition on removal of hazardous waste from premises unless notified or exemptE+W

22.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption from the requirement to notifyE+W

23.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification by producerE+W

24.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification by consignorE+W

25.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Common provisions on notificationsE+W

26.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Premises CodeE+W

27.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effective timeE+W

28.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mobile ServicesE+W

29.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The qualifying limitationE+W

30.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The tenure restrictionE+W

31.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General interpretation of Part 5E+W

32.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 E+WMovement of Hazardous Waste

Consignment codesE+W

Coding standardE+W

33.—(1) It is the duty of the Agency from time to time to designate, and at all times to maintain in force a designation of a standard (in these Regulations referred to as a “coding standard”, making provision for the composition of consignment codes for the purposes of this Part.

(2) The coding standard must enable each consignment of hazardous waste to be given a unique consignment code.

(3) The standard shall make provision for different codes for consignment notes completed in relation to hazardous waste removed by pipeline pursuant to regulation 41, where piping is continuous for more than one quarter.

(4) The standard shall make provision for consignment codes to consist of letters, numbers or symbols, or any combination of letters, numbers and symbols.

Consignment codesE+W

34.—(1) It is the duty of—

(a)the producer, in relation to—

(i)a consignment of hazardous waste to be removed from premises at which the waste is produced (other than a ship);

(ii)hazardous waste to be removed by pipeline from premises (other than a ship) situated in a case to which regulation 41 applies; or

(iii)hazardous waste to be deposited within the curtilage of premises at which it was produced;

(b)the master of the ship, in relation to any hazardous waste removed from a ship in a harbour area (including waste accidentally spilled on land adjacent to the ship); and

(c)the consignor, in relation to any other consignment of hazardous waste,

to assign to the hazardous waste a unique code in accordance with the coding standard for the time being in force.

(2) The code assigned pursuant to paragraph (1) shall be the consignment code of the hazardous waste concerned for the purposes of these Regulations.

Documents to be completed for consignmentsE+W

Completion of consignment notesE+W

35.—(1) Where hazardous waste is removed from any premises—

(a)a consignment note shall be completed in accordance with paragraph (2) of this regulation and the requirements of the relevant regulation if one of the following regulations applies—

(i)regulation 36 (standard procedure);

(ii)regulation 39 (removal of ship's waste to reception facilities);

(iii)regulation 40 (removal of ship's waste other than to reception facilities);

(iv)regulation 41 (removal of waste by pipeline); or

(v)where the consignment or any part thereof is rejected by the consignee, in accordance in each case with regulation 42 and 43;

(b)if regulation 37 (Schedule of carriers) applies, a schedule of carriers shall be completed in accordance with that regulation and paragraph (3) of this regulation; or

F67(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The form of consignment note set out in Schedule 4, or a form requiring the same information in substantially the same format, shall be used and shall be completed so as to contain (in the place indicated in the form) all the information provided for in that Schedule which is applicable to the case.

(3) The form of the schedule of carriers set out in Schedule 5, or a form requiring the same information in substantially the same format, shall be used and shall be completed so as to contain (in the place indicated in the form) all the information provided for in that Schedule which is applicable to the case.

F68(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this Part, a reference to a part of a [F69consignment note or schedule of carriers] by its number or description is a reference to that part as it is required to be so numbered or described as the case may be in the form in [F70Schedule 4 or 5] as the case may require.

[F71(6) Until the end of the period of 6 months beginning with the day on which the Waste (England and Wales) Regulations 2011 are made—

(a)a carrier may elect to use the multiple collection procedure which applied immediately before the coming into force of those Regulations; and

(b)the forms set out in these Regulations as originally enacted, or forms requiring the same information in substantially the same format, may be used instead of those substituted by the Waste (England and Wales) Regulations 2011.]

Textual Amendments

Standard procedureE+W

36.—(1) This regulation applies in all cases where a consignment of hazardous waste is to be removed from premises except in cases to which any of regulations [F7239] to 41 apply.

(2) Before the consignment is removed—

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

(i)prepare a copy of the consignment note for each of the following: the hazardous waste producer or holder, where different from the consignor; the consignor; the carrier; and the consignee;

(ii)complete Parts A and B on each copy; and

(iii)give every copy to the carrier;

(b)the carrier shall complete Part C on each copy and give every copy to the consignor;

(c)the consignor shall—

(i)complete Part D on each copy;

(ii)where the hazardous waste producer or holder, as the case may be, is not the consignor, give one copy to him;

(iii)retain one copy; and

(iv)give every remaining copy to the carrier.

(3) The carrier shall ensure that every copy which he has received—

(a)travels with the consignment; and

(b)is given to the consignee on delivery of the consignment.

(4) Subject to regulation 42, on receiving the consignment the consignee shall—

(a)complete Part E on both copies; and

(b)give one copy to the carrier.

Textual Amendments

Schedule of carriersE+W

37.—(1) This regulation applies in all cases (whether under regulation 36, or regulation 40) where more than one carrier transports, or is to transport, the consignment.

(2) Before the consignment is removed—

(a)the consignor shall-

(i)prepare a copy of the schedule of carriers for the hazardous waste producer or holder (where different from the consignor), the consignor, every carrier and the consignee; and

(ii)give every copy to the first carrier;

(b)the first carrier shall ensure that every copy he has received travels with the consignment;

(c)on delivery of the consignment to each subsequent carrier—

(i)the previous carrier shall give the subsequent carrier every copy of the schedule which he has received;

(ii)the subsequent carrier shall complete the relevant certificate on each copy, give one to the previous carrier who shall retain it, and ensure that every remaining copy which he has received travels with the consignment; and

(d)when the consignment is delivered to a consignee, the carrier shall retain one copy of the carriers schedule and give every remaining copy to the consignee.

(3) Where—

(a)arrangements for the transport of the consignment have not been made with all carriers intended to be involved before transport commences; or

(b)there is a change in any such arrangements after transport commences for any reason,

paragraph (2) applies as if the carrier in possession of the consignment when further arrangements are made, in the case of paragraph (a), or take effect, in the case of paragraph (b), were the consignor and the next carrier were the first carrier.

(4) Where this regulation applies, other than in the case of a rejected consignment of hazardous waste, regulation 36 has effect as if—

(a)a reference to the hazardous waste being removed includes reference to its possession being transferred to the next carrier;

(b)in paragraph (2)(a)(i), the reference to “the carrier” were a reference to “every carrier”;

(c)in paragraphs (2)(a)(iii), (2)(b) and (2)(c)(iv), the reference to “the carrier” were a reference to “the first carrier”;

(d)in paragraph (3)(b), in relation to a carrier who is not the final carrier, the reference to “the consignee” were a reference to “the subsequent carrier”; and

(e)in paragraph (4)(b), the reference to “the carrier” were a reference to “the final carrier”.

Multiple collectionsE+W

F7338.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Removal of ships' wastes to reception facilitiesE+W

39.—(1) This regulation applies where hazardous waste is removed from a ship (including excesses or spillage from loading or unloading, which have been accidentally spilled on land adjacent to the ship) in a harbour area—

(a)to reception facilities provided within that harbour area; or

(b)by pipeline to any such facilities provided outside a harbour area.

(2) Before the waste is removed from the ship the master of the ship shall—

(a)prepare two copies of the consignment note;

(b)complete Parts A, B and D on each copy;

(c)retain one copy; and

(d)give one copy to the operator of the facilities.

(3) Subject to regulation 42, on receiving a consignment of hazardous waste the operator of the facilities shall complete Part E on the copy which he has received.

Removal of ships' wastes other than to reception facilitiesE+W

40.—(1) This regulation applies where hazardous waste is removed from a ship in a harbour area other than in a case to which regulation 39 applies.

(2) Before the consignment is removed—

(a)the master of the ship shall—

(i)prepare three copies of the consignment note;

(ii)complete Parts A and B on each copy; and

(iii)give every copy to the carrier.

(b)the carrier shall complete Part C on each copy;

(c)the master of the ship shall—

(i)complete Part D on each copy;

(ii)retain one copy; and

(iii)give every remaining copy to the carrier;

(d)the carrier shall ensure that every copy which he has received—

(i)accompanies the consignment; and

(ii)is given to the consignee on delivery of the consignment.

(3) Subject to regulation 42, on receiving the consignment the consignee shall—

(a)complete Part E on both copies; and

(b)give one copy to the carrier.

Removal of wastes by pipelineE+W

41.—(1) This regulation applies where hazardous waste is removed from any premises (other than a ship) on which it is produced or stored by pipeline.

(2) Before the waste is piped, and, where the piping is continuous, at the commencement of each quarter, the producer, or holder, as the case may be, shall—

(a)prepare one copy of the consignment note for each of the following: the producer or holder, as the case may be, where different from the consignor, the consignor and the consignee;

(b)complete Parts A, B and D on each copy, provided that in Part B3 the average flow rate shall be recorded, together with an estimate of the total volume of waste to be piped per week or calendar month.

(3) The consignee shall complete Part E on each copy with the following modifications—

(a)in Part E1, the reference to the date on which the waste was received shall be taken to be a reference to the last date on which waste was received by the consignee pursuant to that consignment note; and

(b)in Part E2, the particulars of the vehicle registration are not required.

(4) The consignee shall retain one copy and ensure that a copy is given to the consignor, and to the hazardous waste producer or holder, where different from the consignor.

Rejected consignmentsE+W

Duty of consignee not accepting deliveryE+W

42.—(1) This regulation and [F74regulation 43] apply where the consignee does not accept delivery of a consignment of hazardous waste, whether wholly or in part.

(2) The requirements of regulation 36(4), F75... 39(3) or 40(3) (which relate to the duties of the consignee on acceptance of the consignment) as the case may be, do not apply to the consignee in respect of a consignment, or part thereof, which has been rejected.

(3) If copies of the consignment note relating to a rejected consignment have been given to the consignee he shall—

(a)[F76indicate, in the part headed “consignee’s certificate”] of each copy that he receives that he does not accept the consignment, or part of the consignment, as the case may be, and the reasons why he does not accept the consignment or part;

(b)retain one copy;

(c)give one copy to the carrier; and

(d)as soon as reasonably practicable, send a copy to the consignor, and (if different from the consignor, the producer or holder, where known).

(4) If no copy of the consignment note has been given to the consignee he shall—

(a)prepare a written explanation of his reasons for not accepting delivery, including such details of the consignment, the hazardous waste producer or holder, the consignor and the carrier as are known to him;

(b)give such written explanation to the carrier;

(c)as soon as reasonably practicable, send one copy to the consignor, and (if different from the consignor) the producer or holder, where known; and

(d)retain a copy of his written explanation.

(5) On being informed that the consignee will not accept delivery of the consignment or part, the carrier shall—

(a)inform the Agency;

(b)seek instructions from the hazardous waste producer or holder; and

(c)take all reasonable steps to ensure those instructions are fulfilled (including completing any consignment note on their behalf).

(6) It is the duty of the hazardous waste producer or holder identified in the relevant part of the consignment note, as the case may be, to—

(a)make arrangements as soon as reasonably practicable for the transfer of the rejected consignment or part to another specified consignee who holds a waste permit [F77or [F78carries on an exempt waste operation for] the recovery or disposal of the waste; and]

(b)forthwith—

(i)give instructions to the carrier accordingly; and

(ii)inform the Agency of the arrangements and instructions.

(7) If in any case within paragraph (6)(a) no alternative consignee can be found within 5 business days, the hazardous waste producer or holder identified in the relevant part of the consignment note shall make arrangements to return the waste to premises from which it was removed for its storage in accordance with the Waste Directive conditions until a suitable consignee can be found.

[F79(8) In this regulation, “exempt waste operation” has the meaning given in regulation 5 of [F80the Environmental Permitting Regulations].]

Textual Amendments

F80Words in reg. 42(8) substituted (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1), Sch. 26 para. 23(5) (with reg. 1(2))

Further consignment note for rejected consignmentE+W

43.—(1) This regulation applies to the removal of any consignment following rejection by the consignee F81....

(2) Before the consignment or part is moved from the original place for delivery, the hazardous waste producer or holder identified in the relevant part of the original consignment note shall ensure that a copy of a new consignment note is prepared in respect of the rejected consignment or part for each of the following—

(a)the hazardous waste producer;

(b)where the hazardous waste producer or holder is not the consignor, the consignor;

(c)the carrier; and

(d)the new consignee.

(3) The producer or holder shall—

(a)complete Parts A and B on each copy of the note as follows—

(i)the information required to complete Part A should be copied from the original consignment note, including the relevant consignment code to which the letter “R” shall be added to the end;

(ii)the new consignee's name and address (including the postcode) shall be entered in Part A4; and

(iii)subject to paragraph (4), the relevant information from the original consignment note shall (where part of the load is rejected, in so far as it relates to that part) be copied to Part B; and

(b)give every copy to the carrier.

(4) Where the consignee who rejected the consignment or part states in his written explanation that the description of the waste in the original consignment note is incorrect, the producer or holder shall instead include an accurate description of the waste in the new consignment note.

(5) The carrier shall complete Part C on each copy.

(6) The producer or holder identified in the relevant part of the original consignment note shall—

(a)complete Part D on each copy;

(b)where the producer or holder is not the consignor, give one copy to the producer or holder as the case may be; and

(c)give every remaining copy to the carrier.

(7) The carrier shall ensure that every copy of the new consignment note which he has received—

(a)travels with the rejected consignment or part; and

(b)is given to the new consignee on delivery of the consignment or part.

(8) The new consignee shall—

(a)complete Part E on both copies of the new consignment note; and

(b)give one copy to the carrier.

(9) Where there is to be more than one carrier—

(a)in paragraphs (3)(b), (5) and (6)(c), references to the carrier shall be treated as references to the first carrier;

(b)in paragraphs (2)(c) and (7) references to the carrier shall be treated as references to each carrier;

(c)in paragraph (7)(b), in relation to a carrier who is not the final carrier, the reference to “the new consignee” shall be treated as a reference to “the subsequent carrier”; and

(d)in paragraph (8)(b) the reference to the carrier shall be treated as a reference to the final carrier.

Textual Amendments

Procedure for rejected multiple collection consignmentsE+W

F8244.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Duty to deliver within time limitE+W

Duty to deliver consignment promptlyE+W

45.  It is the duty of the carrier to deliver the consignment to the consignee promptly and without undue delay.

Cross Border movementsE+W

Cross border movement of hazardous wasteE+W

46.  Schedule 7 has effect in connection with the mutual recognition of consignment notes and the cross border movement of hazardous waste between England and Wales, Scotland, Northern Ireland and Gibraltar.

PART 7 E+WRecords and Returns

Site recordsE+W

Records of tipped (discharged) hazardous wasteE+W

47.—(1) Any person who tips (discharges) hazardous waste (whether by way of disposal or storage) in or on any land shall record and identify the waste in accordance with the following requirements of this regulation and regulation 51.

(2) A record shall include either—

(a)a site plan marked with a grid, or

(b)a site plan with overlays on which the deposits of the tipped (discharged) waste are shown in relation to the contours of the site.

(3) Records made under this regulation shall be kept in a register.

(4) Deposits shall be identified by reference to both—

(a)the relevant description and six digit code in the List of Wastes, together with a description of the composition of the waste; and

(b)the consignment note relating to such waste, save that where waste is disposed of within the curtilage of the premises at which it is produced the deposits shall be described by reference to the quarterly return made to the Agency by the hazardous waste producer under regulation 53.

(5) A person who is required to make or retain a register pursuant to this regulation shall—

(a)update the register as soon as reasonably practicable and in any event within 24 hours of the receipt, or deposit, as the case may be, of the waste;

(b)keep the register on the site where the tipping takes place; F83...

(c)[F84subject to paragraph (5A), ] retain the records—

(i)for three years after deposit of the waste; or

(ii)if he has a waste permit pursuant to which the site is operated, until that permit is surrendered or revoked.

[F85(5A) If the person required to make or retain a register has a waste permit pursuant to which the site is operated, the period for retention of a consignment note required to be kept by regulation 51(2)(a) is—

(a)for 5 years after the deposit of the waste; or

(b)if the permit authorises disposal of waste in a landfill, until the permit is surrendered or revoked.

(5B) In paragraph (5A), “landfill” has the meaning given in Article 2(g) of [F86the Landfill Directive], but does not include any operation excluded from the scope of that Directive by Article 3(2) [F87or (3)].]

(6) In reckoning any period of hours for the purposes of this regulation or regulation 48, only the days or hours of any business day shall be counted.

Textual Amendments

Records of disposal or recovery of hazardous waste by other meansE+W

48.—(1) Any person who—

(a)disposes of hazardous waste in or on land (other than any disposal covered by regulation 47);

(b)recovers hazardous waste in or on land; or

(c)receives hazardous waste at a transfer station,

or both shall record and identify any hazardous waste received in accordance with the following requirements of this regulation and regulation 51.

(2) The waste shall be identified in the record by reference to the relevant description in the List of Wastes and six digit code, and the entry shall include a description of the composition of the waste.

(3) The record shall include—

(a)the quantity, nature and origin of any such waste;

(b)the relevant hazardous properties;

[F88(c)the disposal or recovery method in respect of the waste by reference to the numbering and description applicable in accordance with [F89Annex I or II of the Waste Directive (as the case may be)]; and]

(d)an inventory showing the specific location at which the waste is being held.

(4) Records made under this regulation shall be kept in a register.

(5) The register shall be updated as soon as reasonably practicable and in any event no later than 24 hours after—

(a)a consignment of hazardous waste is received;

(b)any recovery or disposal operations are carried out or any hazardous waste is placed in storage at the transfer station, as the case may be; and

(c)any hazardous waste is removed from the premises.

(6) A person who is required to make or retain records pursuant to this regulation shall—

(a)keep the register of the records on the site where the recovery operations take place or the transfer station is operated, as the case may be; F90...

(b)[F91subject to paragraph (6A),] retain the records-

(i)where the hazardous waste is fully recovered, or remains at a transfer station, as the case may be, until it leaves the site and for three years thereafter; or

(ii)if he has a waste permit pursuant to which the site is operated, until that permit is surrendered or revoked.

[F92(6A) If the person required to make or retain a register has a waste permit pursuant to which the site is operated, the period for retention of a consignment note required to be kept by regulation 51(2)(a) is—

(a)for 5 years after the disposal or recovery of the waste; or

(b)if the permit authorises disposal of waste in a landfill (in addition to other treatment), until the permit is surrendered or revoked.

(6B) In paragraph (6A), “landfill” has the meaning given in Article 2(g) of [F93the Landfill Directive], but does not include any waste excluded from the scope of that Directive by Article 3(2) [F94or (3)].]

Textual Amendments

Producer and transport recordsE+W

Producers', holders' and consignors' recordsE+W

49.—(1) A producer or holder of hazardous waste, and where different from the producer [F95or holder], a [F96consignor or broker of, or dealer in, hazardous waste], shall keep a record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of the waste.

(2) Where the waste is transported, the duty in paragraph (1) includes a requirement to keep a record of particulars sufficient to identify the carrier.

[F97(3) Any person required to keep a record by paragraph (1) must preserve it—

(a)while the person is a holder of the waste or (if not a holder) has control of the waste; and

(b)for 3 years after the date on which the waste is transferred to another person.]

[F98(4) A producer, holder, dealer, broker or consignor required by paragraph (1) to keep records shall keep the records chronologically in a register.]

(5) The register required to be kept and retained by a producer, holder[F99, dealer, broker] or consignor under paragraph (4) of this regulation shall be kept—

(a)in relation to the register required to be kept by the producer or holder

[F100(i)at the premises at which the waste is produced or held; or]

(ii)if he no longer occupies those premises, at his principal place of business (or such other address as agreed with the Agency for that purpose); F101...

F101(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the register required to be kept by a [F102dealer, broker or] consignor other than the producer or holder shall be kept at his principal place of business.

F103(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F101Reg. 49(5)(a)(iii) and preceding word omitted (1.4.2016) by virtue of The Hazardous Waste (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/336), regs. 1, 2(4)(b)(ii)

Carrier's recordsE+W

50.—(1) An establishment or undertaking which transports hazardous waste shall keep a record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of the waste in accordance with the following requirements of this regulation.

(2) The establishment or undertaking shall keep the records made pursuant to this regulation for at least twelve months commencing on the date of delivery of the waste to its destination.

(3) The information required to be recorded pursuant to paragraph (1) shall be entered [F104chronologically] in a register and the register kept at the carrier's principal place of business.

Textual Amendments

Registers and records: common provisionsE+W

51.—(1) The following provisions of this regulation apply in relation to registers required to be kept under regulations 47 to 50.

(2) A person who is required to keep a register shall enter in the register each copy received by them of—

(a)any consignment note (includingF105..., where consignments are not accepted, the original note, a copy of any explanation of the reasons for rejection prepared pursuant to regulation 42 and the consignment note prepared pursuant to regulation 43 F106...);

(b)any consignee's return to the producer, holder or consignor received pursuant to regulation 54; and

(c)any carrier's schedule given to him pursuant to regulation 37.

(3) A person who is required to keep a register or retain records until his waste permit is surrendered or revoked shall send those records or that register to the Agency when the permit is surrendered or revoked.

(4) Every register kept or record made pursuant to regulation 15 or 16 of the 1996 Regulations, and every record made pursuant to regulation 13 or 14 of the Control of Pollution (Special Waste) Regulation 1980, shall—

(a)be kept with the register kept pursuant to regulations 47 to 49 by the person required to keep that register for so long as is mentioned in the relevant regulation; and

(b)be sent by that person together with that register if it is sent to the Agency.

Textual Amendments

Previous holder's right to informationE+W

52.—(1) An establishment or undertaking to which hazardous waste is delivered for disposal or recovery, as the case may be, has the duty, owed to any previous holder of the waste, to supply to that previous holder on request documentary evidence that the disposal or recovery operation concerned has been carried out, indicating where applicable, the relevant entry listed in [F107Annex I or Annex II], as the case may be, to the Waste Directive.

(2) Any request for information under this regulation shall be in writing and shall specify the period (which may not be less than seven days) within which the information is to be supplied.

Textual Amendments

Consignee and self-disposal quarterly returnsE+W

53.—(1) Every consignee shall make a return, in these Regulations referred to as a consignee quarterly return, to the Agency of information relating to all consignments of hazardous waste received by him in any quarter in accordance with paragraph (4).

(2) The return shall include—

(a)rejected consignments;

(b)hazardous waste delivered by pipeline where regulation 41 applies; and

(c)in the case of multiple collections, each individual consignment collected.

(3) Where in any quarter hazardous waste is disposed of by depositing it within the curtilage of the premises at which it is produced, the producer shall make a return in respect of that quarter of information relating to the deposit to the Agency (including the consignment code), in accordance with paragraph (4).

(4) A return to be made pursuant to this regulation in respect of a quarter shall be made no later than the time specified in the right hand column of the table below in relation to the quarter specified in the left hand column:

Quarter in which the hazardous waste was received, or deposited, as the case may beReturn to be received by the Agency not later than
Ending on 31st March30st April in the same year as the quarter falls
Ending on 30th June31st July in the same year as the quarter falls
Ending on 30th September31st October in the same year as the quarter falls
Ending on 31st December31st January in the year next following the year in which the quarter falls

(5) The Agency may prescribe a format for returns to be made under this regulation and, where for the time being a format is prescribed pursuant to this paragraph—

(a)the Agency shall publish the format on its website and in such other manner as it may consider appropriate for informing persons required to submit such returns of its content; and

(b)the Agency shall not be obliged to consider a return as properly made for the purposes of these Regulations unless it is made in that format, or in a format substantially to like effect.

(6) If the Agency prescribe a fee payable by a consignee by charging scheme made under section 41 of the Environment Act 1995 as a means of recovering its costs incurred in performing functions in relation to the consignments included on the consignee quarterly returns, a consignee may recover from a consignor any fees paid under these Regulations in relation to consignments sent by that consignor.

Consignee's return to the producer, holder or consignorE+W

54.—(1) Without prejudice to any duty under these Regulations on the part of the consignee to send any document or copy thereof to the producer, holder or consignor, a consignee shall send to a producer or holder identified in the relevant part of a consignment note—

(a)a return in a form corresponding to that set out in Schedule 8 or a form substantially to like effect within one month of the end of the quarter in which the waste concerned was accepted; or

(b)a copy of the consignment note together with a description of the method of disposal or recovery undertaken in relation to the waste, within one month of the end of the quarter in which the waste concerned was accepted.

(2) Where hazardous waste was delivered by pipeline in a case to which regulation 41 applies, paragraph (1) shall apply so that the return required under sub-paragraph (a) or the information required under sub-paragraph (b) shall be supplied within one month of the end of the quarter in which the waste concerned was piped.

(3) Where regulation 42 applies, this regulation does not apply to the consignment or part concerned.

Duties to supply informationE+W

55.—(1) A person who is required to retain any record pursuant to any of the foregoing provisions of this Part shall, at any time during the period in which the record is required to be retained produce that record to the Agency or emergency services on request.

(2) A producer holder, previous holder, consignor, carrier or consignee of hazardous waste shall supply to the Agency on request such information as it may reasonably require for the purposes of performing its functions in connection with these Regulations and for the purposes of monitoring the production, movement, storage, treatment, recovery and disposal of hazardous waste.

(3) An establishment or undertaking to which hazardous waste is delivered for recovery or disposal, as the case may be, has the duty to supply to the Agency on request documentary evidence that the disposal or recovery operation concerned has been carried out, indicating where applicable, the relevant entry listed in [F108Annex I or Annex II], as the case may be, of the Waste Directive.

(4) A person who is required to supply information to the Agency pursuant to this regulation shall supply that information in such form as the Agency may reasonably request.

(5) The power conferred by paragraph (4) includes power to require the production in a visible and legible documentary form of any information is held in electronic form.

(6) Any request for information under this regulation shall be in writing and shall specify the period within which the information is to be supplied.

Textual Amendments

PART 8 E+WTHE AGENCY'S FUNCTIONS

Inspections of hazardous waste producersE+W

56.  It is the duty of the Agency to carry out appropriate periodic inspections of hazardous waste producers.

Inspections of collection and transport operationsE+W

F10957.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Agency to retain registers etcE+W

58.  The Agency shall retain registers and any accompanying records sent to it pursuant to regulation 51(3) for a period of not less than three years commencing with the receipt thereof by the Agency.

FeesE+W

59.—(1) Section 41 of the 1995 Act (power to make schemes imposing charges) is amended as follows.

(2) For subsection (1)(c) substitute—

“(c)as a means of recovering costs incurred by it in performing functions conferred by regulations made for the purpose of implementing Council Directive 91/689/EEC the Agency may require the payment to it of such charges as may from time to time be prescribed;”.

(3) Schedule 9 has effect to make provision in relation to fees to be charged by the Agency in connection with these Regulations until a charging scheme made under section 41 of the 1995 Act to recover the costs incurred by the Agency in performing functions under these Regulations takes effect.

Provision of information to the Secretary of StateE+W

60.—(1) The Agency shall inform the Secretary of State each year of any changes in the following information for every establishment or undertaking which carries out disposal or recovery of hazardous waste principally on behalf of third parties F110...—

(a)name and address;

(b)the method used to treat waste; and

(c)the types and quantities of waste which can be treated.

F111(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 9 E+WEmergencies and Grave Danger

GeneralE+W

61.—(1) This Part has effect for the purpose of making provision for an emergency or grave danger.

(2) For the purposes of these Regulations, an “emergency or grave danger” is a present or threatened situation arising from a substance or object which is, or which there are reasonable grounds to believe is, hazardous waste, and the situation constitutes a threat to the population or the environment in any place.

General duties on the holder in the event of an emergency or grave dangerE+W

62.—(1) In cases of emergency or grave danger, a holder of hazardous waste which gives rise to an emergency or grave danger shall—

(a)take all lawful and reasonable steps to avert the emergency or grave danger; or

(b)where it is not reasonably practicable to comply with paragraph (a), take all lawful and reasonable steps to mitigate the emergency or grave danger.

(2) For the purposes of paragraph (1), an act or omission may be considered lawful notwithstanding that it would, apart from this regulation, constitute a breach of these Regulations.

(3) Where the holder of hazardous waste knows or has reasonable grounds to believe that an emergency or grave danger has arisen, he shall notify the Agency as soon as reasonably practicable of the circumstances.

(4) Where the holder takes any step in compliance with paragraph (1), he shall, save where such step has completely averted the emergency or grave danger without breach of these Regulations, notify the Agency as soon as reasonably practicable.

(5) For the purposes of paragraph (4), an emergency or grave danger shall not be considered to have been completely averted if any release has taken place of a substance or object which is, or which there are reasonable grounds to believe is, hazardous waste, whether or not the holder believes he has completely destroyed, retrieved or rendered harmless the substance or object.

(6) In the event of notification pursuant to paragraph (3) or (4) being made orally, the holder shall confirm in writing to the Agency the matters notified within one week of the oral notification.

(7) For the purposes of this regulation a person shall be not be released from any requirement imposed by this regulation merely because he has ceased to be the holder through the waste having left his possession or control due to release.

General duties of the AgencyE+W

63.—(1) The Agency shall exercise its functions (whether under these Regulations or otherwise) so as to take all reasonably practicable steps necessary or expedient to avert or mitigate an emergency or grave danger.

(2) An authorised person shall in exercising functions in relation to an emergency or grave danger so exercise his powers under sections 108 and 109 of the 1995 Act as to take all reasonably practicable steps to avert or mitigate the emergency or grave danger.

PART 10E+WEnforcement

EnforcementE+W

64.—(1) Subject to paragraph (2), it is the duty of the Agency to enforce these Regulations.

(2) Paragraph (1) is without prejudice to any right of action which any person may have arising apart from these Regulations, or any other right, power or duty of any person either at law or arising pursuant to any agreement or arrangement (expressly or impliedly) or in consequence of any act or omission.

OffencesE+W

[F11265.  It is an offence for a person to fail to comply with any requirement imposed on them by or under any of the following provisions of these Regulations—

(a)Part 4;

F113(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)regulations 34 to [F11443];

(d)regulation 46 and Schedule 7;

(e)Part 7 (except regulation 52);

(f)regulation 62.]

Textual Amendments

[F115Civil sanctionsE+W

65A.—(1) The Environment Agency may impose a variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 68 or under regulation 65 for a failure to comply with a provision in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

Table of civil sanctions

Offence under these RegulationsVariable monetary penaltyRestoration noticeCompliance noticeStop noticeEnforcement undertaking
regulation 19YesYesYesYesYes
regulation 20YesYesYesYesYes
F116. . .F116. . .F116. . .F116. . .F116. . .F116. . .
regulation 34YesNoYesNoYes
regulations 35 to [F11743]YesNoYesNoYes
regulation 46 and Schedule 7YesNoYesNoYes
regulation 47YesNoYesNoYes
regulation 48YesNoYesNoYes
regulation 49YesNoYesNoYes
regulation 50YesNoYesNoYes
regulation 51YesNoYesNoYes
regulation 53YesNoNoNoYes
regulation 54YesNoNoNoYes
regulation 55YesNoNoNoNo
regulation 62YesYesYesYesNo
regulation 68YesNoNoNoNo

(2) The terms used in this regulation have the same meaning as in that Order.

(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.

(4) This regulation applies only in England.]

Textual Amendments

DefencesE+W

66.  It shall be a defence for a person charged with an offence under regulation 65 to prove that—

(a)he was not reasonably able to comply with the provision in question by reason of an emergency or grave danger and that he took all steps as were reasonably practicable in the circumstances for—

(i)minimising any threat to the public or the environment; and

(ii)ensuring that the provision in question was complied with as soon as reasonably practicable after the event; or

(b)if there is no emergency or grave danger he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Liability of persons other than the principal offenderE+W

67.—(1) Where the commission by any person of an offence under this Part is due to the act or default of some other person, that other person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

(2) Where an offence under this Part which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to, any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be liable to be proceeded against and punished accordingly.

(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

False and misleading informationE+W

68.—(1) Any person who, in purported compliance with a requirement imposed by or under any of the foregoing provisions of these Regulations to furnish any information, makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence.

(2) A person who intentionally makes a false entry in any record or register required to be kept by virtue of any of the foregoing provisions of these Regulations commits an offence.

PenaltiesE+W

69.—(1) A person who commits an offence under regulation 65 in connection with any of the following regulations—

F118(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F118(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F118(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)regulation 34 (consignment codes);

(e)regulations 35 to [F11943] (consignment notes);

(f)regulation 46 and Schedule 7 (cross border consignments);

(g)regulation 53 (consignee and self-disposal quarterly returns);

(h)regulation 54 (consignee's return to the producer, holder or consignor); or

(i)regulation 55 (duties to supply information).

shall be liable on summary conviction, to a fine not exceeding level 5 on the standard scale.

(2) A person who commits an offence under regulation 65 or 68 in connection with any other requirement under these Regulations shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

Textual Amendments

Fixed penaltiesE+W

70.—(1) Where an authorised person acting on behalf of the Agency has reason to believe that a person has committed an offence under regulation 65 to which this regulation applies, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

(2) This regulation applies to an offence consisting of—

(a)a failure to comply with any requirement of; or

(b)making a false or misleading statement in purported compliance with,

any of the regulations listed in regulation 69(1)(a) to (i).

(3) Where a person is given a notice under this regulation in respect of an offence—

(a)no proceedings shall be instituted for that offence before the expiration of twenty eight days following the date of the notice; and

(b)he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.

(4) A notice under this regulation shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state—

(a)the period during which, by virtue of paragraph (3), proceedings will not be taken for the offence;

(b)the amount of the fixed penalty;

(c)the name of the person to whom and the address at which the fixed penalty may be paid.

(5) Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).

(6) Where a letter is sent in accordance with paragraph (5) payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(7) A fixed penalty notice issued pursuant to this section shall be in the form set out in Schedule 10.

(8) The fixed penalty payable in pursuance of a notice under this regulation shall be £300; and as respects the sums received by or on behalf of the Agency, those sums shall be paid to the Secretary of State.

(9) In any proceedings a certificate which—

(a)purports to be signed by or on behalf of the chief finance officer of the Agency;

(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,

shall be evidence of the facts stated.

(10) In paragraph [F120(9)], “chief finance officer” means the person having responsibility for the financial affairs of the Agency.

Textual Amendments

PART 11 E+WReplacement of Controls on Special Waste

OffencesE+W

71.  In each of sections 33(9) and 38(10) and (11) of the 1990 Act for “special waste” there shall be substituted “ hazardous waste ”.

Lists of waste displaying hazardous propertiesE+W

72.—(1) In the cross heading before section 62 of the 1990 Act for “special waste” there shall be substituted “ hazardous waste ”.

(2) Section 62 of that Act (special provision with respect to certain dangerous or intractable waste) shall be omitted.

F121(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Waste other than controlled wasteE+W

73.  In section 63 of the 1990 Act (waste other than controlled waste), subsections (2) and (3) shall be omitted.

Definition of Hazardous WasteE+W

74.  In section 75 of the 1990 Act (meaning of “waste” and household, commercial and industrial waste and special waste)—

(a)in the heading for “special waste” there shall be substituted “ hazardous waste ”;

(b)after subsection (8) there shall be inserted—

“(8A) “Hazardous waste”—

(a)in the application of this Part to England, means any waste which is a hazardous waste for the purposes of the Hazardous Waste (England and Wales) Regulations 2005;

(b)in the application of this Part to Wales means—

(i)any waste listed as a hazardous waste in the Hazardous Waste List;

(ii)any waste listed in regulations made under section 62A(2) above;

(iii)any other waste which displays any of the properties listed in Annex III to Council Directive 91/689/EEC.

(8B) In subsection (8A) “Hazardous Waste List” means the list referred to in the first indent of Article 1(4) of Council Directive 91/689/EEC.”; and

(c)subsection (9) shall be omitted.

PART 12E+WFinal Provisions

Savings for certain privilegesE+W

75.—(1) Nothing in these Regulations shall be taken as requiring any person to produce any documents or records if he would be entitled to refuse to produce those documents or records in any proceedings in any court on the grounds that they are the subject of legal professional privilege, or as authorising any person to take possession of any documents or records which are in the possession of a person who would be so entitled.

(2) Except as provided in paragraph (3), nothing in these Regulations shall be construed as requiring a person to answer any question or give any information if to do so would incriminate that person or that person's spouse.

(3) A person must comply with a request from the Agency to give information pursuant to regulation 55(2), not withstanding that to do so may incriminate that person or that person's spouse, but information given in response to such a direction may not be given in evidence in any criminal proceedings against that person or that person's spouse.

Revocations and savingsE+W

76.—(1) Subject to the following paragraphs, the 1996 Regulations are revoked.

(2) Where a consignment has been removed from premises before these Regulations come into force, and a consignment note has been raised in relation to that consignment under the 1996 Regulations, then—

(a)for a period of 72 hours after these Regulations come into force entirely—

(i)the 1996 Regulations shall continue to apply in all other respects to that consignment;

(ii)the provisions of these Regulations (other than regulation 62 (general duties on the holder in the event of an emergency or grave danger)) shall not apply to that consignment during that period;

(b)thereafter—

(i)these Regulations shall apply to that consignment except that the requirement to make a consignee quarterly return in relation to that consignment pursuant to regulation 53 shall not arise; and

(ii)the requirement on the consignee to send a copy of the consignment note sent to the Agency shall continue to apply in relation to any consignment sent pursuant to the 1996 Regulations.

Consequential AmendmentsE+W

77.  Schedule 11 (which makes consequential amendments to legislation) has effect.

Transitional ProvisionsE+W

78.  Schedule 12 (which makes provisions transitional upon these Regulations coming into force), and has effect.

[F122ReviewE+W

79.—(1) The Secretary of State, in relation to England, must from time to time—

(a)carry out a review of the regulatory provision in these Regulations; and

(b)publish a report setting out the conclusions of the review.

(2) In carrying out a review of any regulatory provision which implements an obligation in the Waste Directive or the List of Wastes, the Secretary of State must have regard to how the obligation is implemented in other member States.

(3) The report must, in particular—

(a)set out the objectives intended to be achieved by the regulatory provision;

(b)assess the extent to which those objectives are achieved;

(c)assess whether those objectives remain appropriate; and,

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(4) The first report under this regulation must be published before 1st April 2021.

(5) Subsequent reports under this regulation must be published at intervals not exceeding five years.

(6) In this regulation, “regulatory provision” has the meaning given by section 32(4) of the Small Business, Enterprise and Employment Act 2015.]

Textual Amendments

Elliot Morley

Minister of State,

Department for Environment, Food and Rural Affairs

Regulation 3(2)(a)(i)

F123SCHEDULE 1E+WANNEX I TO THE HAZARDOUS WASTE DIRECTIVE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 3(2)(a)(ii)

F124SCHEDULE 2E+WANNEX II TO THE HAZARDOUS WASTE DIRECTIVE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 3

F125SCHEDULE 3E+WAnnex III to the Waste Directive

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 35(2)]

[F126SCHEDULE 4U.K.Form of consignment note

Textual Amendments

  

  

Regulation 35(3)]

[F127SCHEDULE 5U.K.Schedule of carriers

Textual Amendments

Regulation 35(4)

F128SCHEDULE 6E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 46

SCHEDULE 7E+WUK CROSS BORDER MOVEMENT OF HAZARDOUS WASTE

Recognition of cross border UK consignment notesE+W

1.  Subject to paragraph 4 and paragraph 7, where hazardous waste is removed from premises situated in Scotland, Wales, Northern Ireland or Gibraltar and is transported into England (“a cross border consignment into England”), no requirement for a consignment note to accompany the waste under Part 6 shall apply if—

(a)a consignment note which is completed in Scotland, Wales, Northern Ireland or Gibraltar accompanies the waste; and

(b)the note contains the information required by the standard consignment note set out in [F129Annex 1A to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste] (“a cross border consignment note”).

Textual Amendments

2.  Any requirement in Part 6 to complete a consignment note for a cross border consignment may be satisfied by including the information—E+W

(a)on the cross border consignment note; or

(b)where that is not possible, on a separate form prepared for that purpose.

3.  Any requirement to keep a copy of a consignment note for a cross border consignment or to give a copy of the note to another person may be satisfied by keeping a copy of the cross border consignment note or giving a copy of the note to that person.E+W

UK Cross Border Consignments into EnglandE+W

4.—(1) If a cross border consignment into England is rejected wholly or in part, the consignee shall—

(a)indicate on the cross border consignment note (if he has received one) or otherwise provide a written record of his rejection of the consignment (or part of it) and the reasons for such rejection;

(b)retain a copy of the note or record;

(c)give a copy to the carrier; and

(d)as soon as reasonably practicable, send a copy to the consignor, and (if different from the consignor) the producer or holder indicated on the cross border consignment note.

(2) On being informed that the consignee will not accept delivery of a cross border consignment into England or part, the carrier shall—

(a)inform the Agency; and

(b)seek instructions from the hazardous waste producer or holder indicated on the cross border consignment note and take all reasonable steps to ensure they are fulfilled.

(3) Before a rejected cross border consignment into England is moved from the original delivery destination, the carrier shall ensure that—

(a)a consignment note is completed in accordance with regulation [F13036 or 43]; and

(b)a copy of the note is sent to SEPA (where the waste is transported from Scotland) or the Northern Ireland Department of the Environment (where the waste is transported from Northern Ireland) [F131or the Natural Resources Body for Wales (where the waste is transported from Wales)].

Textual Amendments

F130Words in Sch. 7 para. 4(3)(a) substituted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 2 para. 31 (with regs. 2, 47(2))

5.  Where a cross border consignment into England from Scotland or Northern Ireland [F132or Wales] is accepted, the consignee shall send a copy of the cross border consignment note to SEPA (where the waste is transported from Scotland) or the Northern Ireland Department of the Environment (where the waste is transported from Northern Ireland) [F133or the Natural Resources Body for Wales (where the waste is transported from Wales)].E+W

Textual Amendments

UK Cross Border Consignments out of EnglandE+W

6.—(1) Where a cross border consignment out of England is consigned to premises in Scotland or Northern Ireland [F134or Wales], the following requirements shall apply in addition to those in Part 6.

(2) Before the hazardous waste is removed—

(a)the hazardous waste producer, or holder, as the case may be, or (in the case of a multiple collection of hazardous waste) the carrier, shall ensure that—

(i)a copy of the relevant consignment note is prepared for SEPA (where the waste is to be consigned to a consignee in Scotland), or for the Northern Ireland Department of the Environment (where the waste is to be consigned to a consignee in Northern Ireland)[F135, or for the Natural Resources Body for Wales (where the waste is to be consigned to a consignee in Wales)]; and

(ii)an additional copy is provided for the consignee.

(b)the copies of the relevant consignment note prepared pursuant to paragraph (a) shall be completed in accordance with Part 6; and

(c)the consignor (or the producer or holder, as the case may be) or, in the case of a multiple collection of hazardous waste, the carrier, shall send the copy of the note prepared pursuant to paragraph (a)(i) to the relevant authority at least 72 hours before removal of the consignment or if that is not possible, as soon as reasonably practicable thereafter.

(3) The carrier shall ensure the additional copy of the note prepared for consignee travels with the consignment and is given to the consignee on delivery of the consignment.

Textual Amendments

Multiple Collections in England and WalesE+W

7.—(1) This paragraph applies to a journey made by a carrier which meets the conditions set out in [F136the definition of “multiple collection” in regulation 5(1)] except that at least one collection is made in Wales.

(2) A journey to which this paragraph applies shall be treated as a multiple collection for the purposes of these Regulations F137...

F138(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F137Words in Sch. 7 para. 7(2) omitted (29.3.2011) by virtue of The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 2 para. 32(b) (with regs. 2, 47(2))

Regulation 54]

[F139SCHEDULE 8E+WForm of consignee’s return to producer or holder

Textual Amendments

Regulation 59

SCHEDULE 9E+WTRANSITIONAL CHARGES BY THE AGENCY

1.  The following paragraphs have effect in relation to the charges payable to the Agency under these Regulations.E+W

F1402.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

3.  The charge to be paid by a consignee in respect of any consignee quarterly return made pursuant to regulation 53 shall be—E+W

(a)for any return made in writing, the sum of the following amounts for each consignment accepted by the consignee during the quarter—

(i)£10 for each consignment forming part of a multiple collection; and

(ii)£19 for any other consignment; and

(b)for any return made in electronic form, the sum of the following amounts for each consignment accepted by the consignee during the quarter—

(i)£5 for each consignment forming part of a multiple collection; and

(ii)£10 for any other consignment.

4.  The charge to be paid by a producer in respect of any self disposal return made pursuant to regulation 53 shall be—E+W

(a)for any return made in writing, £19; and

(b)for any return made in electronic form, £10.

5.  The time for payment of the fee required under paragraph 3 or 4 shall be the later of 30 days following—E+W

(a)the last day of the quarter to be covered by the return if a return is not submitted in accordance with regulation 53; or

(b)submission of the return in accordance with regulation 53.

6.  A consignee may recover from a consignor any fees paid under paragraph 3 in relation to consignments sent by that consignor.E+W

Regulation 70(7)

SCHEDULE 10E+W

Regulation 77

SCHEDULE 11E+WCONSEQUENTIAL AMENDMENTS

PART 1 E+WAMENDMENTS TO PRIMARY LEGISLATION

The Waste and Emissions Trading Act 2003E+W

1.  The Waste and Emissions Trading Act 2003 M12 is amended as follows.E+W

Marginal Citations

2.  In section 25(2), for “for the purpose of Council Directive 91/689/EEC” substitute “ within the meaning of regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005. ”.E+W

PART 2 E+WAMENDMENTS TO SECONDARY LEGISLATION

The Controlled Waste (Registration of Carriers anbd Seizure of Vehicles) Regulations 1991E+W

F1413.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1414.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

The Environmental Protection (Duty of Care) Regulations 1991E+W

F1415.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1416.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

The Environmental Protection (Prescribed Processes and Substances) Regulations 1991E+W

7.  The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 M13 are amended as follows.E+W

Marginal Citations

M13S.I. 1991/472; relevant amendments are contained in S.I.1998/767.

8.  In Section 5.1 of Chapter 5 of Schedule 1—E+W

(a)in the definition of “exempt hazardous waste incineration plant”—

(i)in paragraph (ii) for “Annex II to Directive 91/689/EEC on hazardous waste” substitute “ Schedule 2 of the Hazardous Waste (England and Wales) Regulations 2005 ”;

(ii)in paragraph (iii) for “Annex III to Directive 91/689/EEC on hazardous waste” substitute “ Schedule 3 of the Hazardous Waste (England and Wales) Regulations 2005 ”;

(b)in the definition of “hazardous waste”—

(i)in the opening words, for “Article 1(4) of Directive 91/689/EEC” substitute “ regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 ”; and

(ii)in sub-paragraph (i)(b) and paragraph (v), for “in Annex II to Directive 91/689/EEC” substitute “ in Schedule 2 to the Hazardous Waste (England and Wales) Regulations 2005 ”.

Waste Management Licensing Regulations 1994E+W

F1429.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14210.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14211.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14212.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14213.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14214.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14215.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14216.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14217.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14218.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14219.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14220.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14221.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14222.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14223.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999E+W

F14324.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14325.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances) (England and Wales) Regulations 2000E+W

26.  The Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances) (England and Wales) Regulations 2000 M14 are amended as follows.E+W

Marginal Citations

M14S.I. 2000/1043, to which there are amendments not relevant to these Regulations.

27.  For regulation 11(3), substitute the following—E+W

“(3) Subject to paragraphs (5) and (7), the Agency shall keep a register specifying the quantity, origin, nature and PCB content of used PCBs in respect of which—

(a)copies of consignment notes specifying that information are furnished to it under regulations 5(4), 8(7) or 9(3) of the Special Waste Regulations 1996; or

(b)quarterly returns specifying that information are furnished to it under regulation 53 of the Hazardous Waste (England and Wales) Regulations 2005,

and which in either case have been furnished by a person in the course of a business concerned with the disposal of PCBs.”

Pollution Prevention and Control (England and Wales) Regulations 2000E+W

28.  The Pollution Prevention and Control (England and Wales) Regulations 2000 M15 (which extend to England and Wales) are amended as follows.E+W

Marginal Citations

M15S.I. 2000/1973; relevant amendments have been made by S.I.2002/2980.

29.  In Chapter 5 of Schedule 1—E+W

(a)in the definition of çhazardous wasteÇ in the paragraph headed “Interpretation of Section 5.1” of Section 5.1—

(i)in the opening words for “Article 1(4) of Directive 91/689/EEC on hazardous waste” substitute “ regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 ”; and

(ii)in paragraph (a)(ii) for “Annex II to Directive 91/689/EEC on hazardous waste” substitute “ Schedule 2 of the Hazardous Waste (England and Wales) Regulations 2005 ”;

(b)in paragraph 1 of the paragraph headed “Interpretation of Part A(1)” of Section 5.3 for the definition of “hazardous waste”, substitute “ “ hazardous wasteÇ means any waste as defined for the time being in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005. ”; and

(c)in the paragraph headed çInterpretation of Part A(1)Ç of Section 5.4 insert the following after paragraph 3—

In this Part, hazardous waste means any waste as defined in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005.”.

Chemicals (Hazard Information and Packaging for Supply) Regulations 2002E+W

30.  The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 M16 are amended as follows.E+W

Marginal Citations

M16S.I. 2002/1689, to which there are amendments not relevant to these Regulations.

31.  In regulation 3(3)(e), for “Special Waste Regulations 1996” substitute “ Hazardous Waste (England and Wales) Regulations 2005 ”.E+W

Landfill (England and Wales) Regulations 2002E+W

32.  The Landfill (England and Wales) Regulations 2002 M17 are amended as follows.E+W

Marginal Citations

33.  In Regulation 7(2) for “Hazardous waste means any waste as defined in Article 1(4) of Directive 91/689/EEC (hazardous waste).” substitute “ Hazardous waste means any waste as defined in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005. ”.E+W

34.  For paragraph 2(a) of Schedule 1, substitute “ (a) it is a hazardous waste as defined in the Hazardous Waste (England and Wales) Regulations 2005; and ”.E+W

35.  For paragraph 3(1)(a) of Schedule 1, substitute “ (a) it is a hazardous waste as defined in the Hazardous Waste (England and Wales) Regulations 2005; and ”E+W

36.  For paragraph 3(1)(b) of Schedule 1, substitute “ (b) it is a non-hazardous waste as defined in the Hazardous Waste (England and Wales) Regulations 2005. ”.E+W

37.  For paragraph 5(1)(g) of Schedule 1, substitute—E+W

“(g)in the case of hazardous waste, the relevant properties which render it hazardous as listed in Schedule 3 of the Hazardous Waste (England and Wales) Regulations 2005;”.

Packaging (Essential Requirements) Regulations 2003E+W

F14438.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14439.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Regulation 119

SCHEDULE 12E+WTRANSITIONAL PROVISIONS

PART 1 E+WPROVISIONS OF THESE REGULATIONS

F1451.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

2.  Where the removal of waste by pipeline from any premises commenced before 16th July 2005 but continues thereafter, regulation 41 shall have effect as if the first day on which the waste was piped was 16th July 2005.E+W

PART 2 E+WPERMITTING REGIMES

3.   E+W

(1) Subject to the following provisions of this Schedule, a reference in a waste permit to special waste, or to special waste of any description (howsoever framed), is a reference to hazardous waste, or hazardous waste of that description, as the case may be.

4.—(1) This paragraph applies in relation to waste which was not special waste immediately before these Regulations come into force if that waste becomes hazardous waste as a result of these Regulations (“changed status waste”).E+W

(2) Any general prohibition or restriction contained in a waste permit relating to the disposal or recovery of special waste under that permit immediately before these Regulations came into force shall not apply to the disposal or recovery of changed status waste insofar as the permit specifically authorises the disposal or recovery of that type of waste.

(3) A waste permit holder who would no longer be authorised to continue to dispose or recover that waste under his permit by reason of the change in its status, may continue to dispose or recover that waste in accordance with the permit despite the change in status until the prescribed date.

(4) Regulation 17(3) of the 1994 Regulations shall not apply to the carrying on of an exempt activity involving changed status waste at any place by a person who was carrying on that activity at that place immediately before these Regulations come into force (“a changed status waste exempt person”).

(5) A changed status waste exempt person who would no longer be authorised to carry on an exempt activity involving such waste by reason of the change in its status, may continue to carry on that activity at that place in accordance with the 1994 Regulations despite the change in status until the prescribed date.

(6) The prescribed date is—

(a)where an application for a waste permit or a variation to a permit is duly made in relation to the activity before 16th July 2006, the date on which the application is granted or if the application is (or is deemed to be) rejected, the date on which the period for appealing expires without an appeal being made or any appeal is withdrawn or finally determined; or

(b)in any other case, 16th July 2006.

Explanatory Note

(This note is not part of the Order)

These Regulations set out the regime for the control and tracking of the movement of hazardous waste for the purpose of implementing the Hazardous Waste Directive (Directive 91/689/EC). The Regulations extend to England and Wales although the only provisions that apply to Wales are modifications to the Environmental Protection Act 1990 contained in Part 11.

Hazardous WasteE+W

The Waste Framework Directive (Directive 75/442/EEC) regulates, subject to the certain exclusions, the management of all types of waste (“Directive waste”). The Hazardous Waste Directive supplements the Waste Framework Directive by imposing additional requirements in relation to Directive waste which displays certain hazardous properties. These requirements have previously been transposed by the Special Waste Regulations 1996 through controls on “special waste”. These Regulations repeal the Special Waste Regulations 1996 and replace the term “special waste” with “hazardous waste”.

Parts 1 to 3 of the Regulations define Hazardous waste and set out how the Regulations apply to that waste. The definition of hazardous waste in regulation 6 refers to the list of hazardous wastes set out in the List of Wastes (England) Regulations 2005 (S.I.2005/895).

There is an exclusion from these controls for domestic waste which displays hazardous properties but not if it comprises asbestos waste or is collected separately. In both cases, the Regulations do not impose obligations directly on householders.

Mixing BanE+W

Part 4 bans the mixing of hazardous waste unless it is permitted as part of a disposal or recovery operation in accordance with the Waste Framework Directive. It also imposes a duty to separate different categories of Hazardous Waste where technically feasible.

NotificationE+W

Part 5 makes it an offence to remove hazardous waste from premises which have not been notified to the Environment Agency, unless they are exempt premises or the waste has been flytipped. All premises at which hazardous waste is produced or removed must be notified by the producer of the waste or the consignor (the person who arranges for the removal of the waste). Notification lasts 12 months after which the premises must be notified again. A fee is payable to the Environment Agency on notification of premises.

Movement of Hazardous WasteE+W

Part 6 requires documents to be completed whenever hazardous is removed from premises (which includes removal from ships and removal by pipeline). The various types of form are set out in Schedules 4 to 7. This is to ensure that an accurate description of consignments of waste accompanies them whenever they move. This is in addition to any requirements to ensure hazardous waste is properly packaged and labelled (see in particular the Packaging (Essential Requirements) Regulations 2003 (S.I. 2003/1941)).

Producers, holders, carriers, consignors and consignees are all required to complete various parts of the forms. If the consignee rejects the waste, suitable alternative arrangements must be made. Schedule 7 deals with cross border transfers within the United Kingdom and Gibraltar.

Records and ReturnsE+W

Part 7 requires producers, holders, carriers, consignors and consignees to keep records. These must be kept for a minimum of 3 years except in the case of carriers where the period is 12 months. Consignees are required to provide the Environment Agency with a quarterly return setting out the consignments they have received during that period. Consignees may be required to pay a fee to the Environment Agency but are given a right to recover the payment from consignors who sent the waste to them. They are also required to send a return to producers or holders who sent waste to them. Schedule 9 sets out a transitional scheme for fees.

The Agency's functionsE+W

Part 8 sets out the Agency's functions. In particular, the Agency is required to inspect producers of hazardous waste periodically and to keep any records sent to it pursuant to Part 7 for a minimum of 3 years.

Emergencies and Grave DangerE+W

Part 9 imposes duties on holders of hazardous waste and the Environment Agency in the event of an emergency or grave danger which arises from hazardous waste.

EnforcementE+W

Part 10 makes it an offence for failure to comply with the requirements of these Regulations. The maximum penalty for failure to comply with a requirement imposed by or under the regulations set out in regulation 69(1) is level 5 on the standard scale (currently £5,000). The Agency may issue fixed penalty notices of £300 instead of seeking conviction in relation to such offences. Other offences under the Regulations (including the provision of false information) are subject to a maximum fine of level 5 if tried summarily and higher fines and also imprisonment if tried on indictment.

Amendments to other legislationE+W

Part 11 omits references to special waste in the Environmental Protection Act 1990 and replaces them with references to hazardous waste. It also gives the Secretary of State the power to designate waste as hazardous for the purposes of these Regulations by means of a statutory instrument.

Schedule 11 makes consequential amendments to secondary legislation so that references to special waste are omitted and references to hazardous waste are updated so that they are consistent with these Regulations.

Transitional provisionE+W

Schedule 12 makes transitional provision. It provides a two month period for notification in advance of the Regulations fully coming into force. It also makes transitional provision for those cases where the change to hazardous waste from special waste would mean that a person would no longer be authorised to dispose or recover waste.

As these Regulations give effect to a Directive, a transposition note has been prepared setting out how the Government will transpose into UK law the main elements of this Directive. A regulatory impact assessment has also been prepared. Copies of both the transposition note and regulatory impact assessment are available in the libraries of both Houses of Parliament, and from WM Hazardous Waste Unit, Department for Environment, Food and Rural Affairs, Zone 7/F15, Ashdown House, 123 Victoria Street, London SW1E 6DE.

The volume entitled “Indexes to the United Kingdom Standard Industrial Classification of Economic Activities 2003”, referred to in the definition of “SIC”, is available from the Stationery Office Limited on 0870 600 552.

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