The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000

Explanatory Note

(This note is not part of the Regulations.)

These Regulations relate to Council Directive 96/59/EC (“the Directive”) on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (“PCBs”). They are for the purpose of implementing the provisions of the Directive which require decontamination or disposal of PCBs and equipment containing them and the associated provisions for inventories, labelling and monitoring. They are additional to the existing relevant requirements of the waste management licensing regime under the Waste and Contaminated Land (Northern Ireland) Order 1997.

Subject to exceptions, in particular for businesses concerned with the decontamination and disposal of PCBs, regulation 3 prohibits the holding of certain equipment contaminated by PCBs (“contaminated equipment”) by anyone other than a person registered with the Department of the Environment (“the Department”) under these Regulations. The prohibition applies after 31st October 2000.

Subject to exceptions, in particular for businesses concerned with decontamination and disposal of PCBs, for transformers and for certain other equipment being replaced under major replacement programmes, regulation 4(1) prohibits the holding of PCBs and equipment (whether or not within the definition of “contaminated equipment” in regulation 2). This provision applies even though a person is registered with the Department, but only applies after 31st March 2001.

Contaminated equipment is to be labelled as such (regulation 5) and, when decontaminated, within specified limits, is to be re-labelled in the form set out in Schedule 2 to the Regulations (regulation 4(4)(d)).

Regulation 6 provides for the procedure for registration. Applicants for registration are required to specify, amongst other things, the date by which they expect to have decontaminated or disposed of the equipment concerned. Regulation 7 provides for cancellation of the registration and regulation 8 for appeals against the non-determination of an application for registration or the cancellation of a registration.

Registered holders are required to provide information to the Department on a regular basis (regulation 10).

Regulations 9, 10(3) and 11 set out the duties of the Department to monitor the information supplied, to prepare an inventory and to review it at regular intervals, to provide an annual statement of the number of registered holders and items of equipment of which particulars are registered, and in relation to public registers. The preparation of inventories by the Department is to facilitate the discharge of the obligation imposed by Article 4.1 of the Directive to send to the Commission a summary of the inventories of equipment with PCB volumes of more than 5dm³. The Department also obtains other relevant information through the system of consignment notes under the Special Waste Regulations (Northern Ireland) 1998.

Regulation 12 creates criminal offences.

Regulation 13 revokes the Marketing and Use of Dangerous Substances Regulations (Northern Ireland) 1994. These are superseded, in particular, by regulation 4 of these Regulations.

Schedule 1 to the Regulations records the disposal operations D8 to D10, D12 and D15 set out in Annex IIA of Directive 75/442/EEC on waste, as replaced by Council Decision 96/350. These are the only permitted methods of disposal of PCBs and equipment contaminated by PCBs under the Directive.

Schedule 2 sets out the Directive’s requirements for the labelling of decontaminated equipment.

Schedule 3 sets out the fees for registering equipment under regulation 6 or renewing registration under regulation 10(1) and for an application for a direction from the Department to add specified equipment in accordance with regulation 4(5), (6) and (7).

Copies of Council Directives 96/59/EC and 75/442/EEC may be obtained from the Stationery Office, 16 Arthur Street, Belfast BT1 4GD.