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The Landfill Allowances Scheme (Wales) Regulations 2004

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PART 2Monitoring

Monitoring authority

5.  The Environment Agency is the monitoring authority for Wales.

Obligation for waste disposal authorities to keep records and make returns

6.—(1) A waste disposal authority must keep records containing the following information for each scheme year—

(a)the amount of collected municipal waste;

(b)the amount of municipal waste sent to landfills by the authority; and

(c)the amount of municipal waste sent to other waste facilities by the authority.

(2) In relation to municipal waste mentioned in sub-paragraphs (1)(b) and (c) the record must contain details of—

(a)the total amount sent to each landfill or waste facility; and

(b)the description of the waste, and the appropriate code for the waste, in the list of hazardous waste pursuant to European Waste Catalogue for, the waste;

(3) The records under paragraph (1) must be kept for a period of three years beginning on the day after the date that the reconciliation period for the scheme year ends.

(4) A waste disposal authority must submit to the monitoring authority a return containing the information in paragraph (1) for each 3 month period ending on 31 March, 30 June, 30 September and 31 December within one month of the end of that period.

(5) The monitoring authority, or a person authorised in writing by the monitoring authority, may by notice require a waste disposal authority to—

(a)produce for inspection, or for removal for inspection elsewhere, any of the records that it is required to maintain under paragraph (1);

(b)supply the monitoring authority with information about, or evidence as to, matters connected with the sending of biodegradable municipal waste to landfills;

and to do so in such form, at such reasonable place and within such reasonable time as is specified in the notice.

(6) The monitoring authority, or a person authorised in writing by the monitoring authority, may make copies of any records produced or supplied under paragraph (5).

Obligation for operators of landfills to keep records and make returns

7.—(1) An operator of a landfill must keep records containing the following information for each scheme year—

(a)the amount of each load of municipal waste accepted at the landfill;

(b)the description of the waste, and the appropriate code for the waste, in the European Waste Catalogue;

(c)the County or County Borough in which the municipal waste originated; and

(d)any treatment applied to the waste before it was landfilled.

(2) The records under paragraph (1) must be kept for a period of three years beginning on the day after the day that the reconciliation period for the scheme year ends.

(3) An operator of a landfill must submit to the monitoring authority a return containing the information in paragraph (1) for each 3 month period ending on 31 March, 30 June, 30 September and 31 December within one month of the end of that period.

(4) The monitoring authority, or a person authorised in writing by the monitoring authority, may, by notice, require an operator of a landfill to produce for inspection, or for removal for inspection elsewhere, any records that the operator is required to maintain under paragraph (1), in such form, at such reasonable place and within such reasonable time as is specified in the notice.

(5) The monitoring authority, or a person authorised in writing by the monitoring authority, may make copies of any records produced under paragraph (4).

(6) A person authorised in writing by the monitoring authority may enter at any reasonable time and, if need be, by reasonable force, premises other than premises used as a dwelling, occupied by a person concerned in the operation of a landfill for the purposes of—

(a)searching for records relating to the operation of a landfill;

(b)inspecting records relating to the operation of a landfill or removing them for inspection elsewhere;

(c)copying records relating to the operation of a landfill.

(7) A person entering any premises under paragraph (6), may take with him or her—

(a)any other person duly authorised by the monitoring authority;

(b)if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable;

(c)any equipment or materials required for any purpose for which the power of entry is being exercised.

(8) The power of the monitoring authority, or a person authorised by the monitoring authority, under paragraphs (4) to (6) includes power to require any person to afford to them, such reasonable facilities and assistance within the person’s control as are necessary to enable the monitoring authority and authorised person to exercise their powers

(9) In this regulation “operator of a landfill” means the person who has control over the landfill.

(10) In this regulation, “treatment” has the same meaning as in Article 2(h) of Council Directive 1999/31/EC on the landfill of waste(1).

Determining the amount of biodegradable municipal waste in an amount of waste

8.  For the purposes of these Regulations, the amount of biodegradable waste in an amount of collected municipal waste is deemed to be 61 per cent of the collected municipal waste.

Reconciliation of landfill allowances

9.  No later than two months after the end of the reconciliation period, the monitoring authority must determine in relation to each waste disposal authority the amount of biodegradable municipal waste sent to landfills.

(1)

OJ L 182, 16.7.1999, p.1.

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