1.A waste facility shall be classified under Category A in accordance with the first [F1part of the categorisation legislation] if the predicted consequences in the short or the long term of a failure due to loss of structural integrity, or due to incorrect operation of a waste facility could lead to:
(a)non-negligible potential for loss of life;
(b)serious danger to human health;
(c)serious danger to the environment.
2.For the purpose of the classification referred to in paragraph 1, the entire life-cycle of the facility, including the after-closure phase, shall be considered in the evaluation of the hazard potential of the facility.
[F23.In paragraph 1, “first part of the categorisation legislation”—
(a)as it extends to England and Wales, means the first indent of Annex 3 to Directive 2006/21/EC;
(b)as it extends to Scotland, means paragraph (a) of the definition of “Category A waste facility” in regulation 2(1) of the 2010 Scotland Regulations;
(c)as it extends to Northern Ireland, means paragraph 1 of Schedule 3 to the 2015 NI Regulations.]
Textual Amendments
F1Words in Art. 1(1) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(3)(a); 2020 c. 1, Sch. 5 para. 1(1)