1.The threshold referred to in the second [F1part of the categorisation legislation] shall be determined, as the ratio of the weight on a dry matter basis of:
(a)all waste classified as hazardous F2... and expected to be present in the facility at the end of the planned period of operation, and
(b)waste expected to be present in the facility at the end of the planned period of operation.
2.Where the ratio referred to in paragraph 1 exceeds 50 %, the facility shall be classified as Category A.
3.Where the ratio referred to paragraph 1 is between 5 % and 50 %, the facility shall be classified as Category A.
However, that facility may not be classified as Category A where it is justified on the basis of a site specific risk assessment, with specific focus on the effects of the hazardous waste, carried out as part of the classification based on the consequences of failure due to loss of integrity or incorrect operation, and demonstrating that the facility should not be classified as Category A on the basis of the contents of hazardous waste.
4.Where the ratio referred in paragraph 1 is less than 5 %, then the facility shall not be classified as Category A on the basis of the contents of hazardous waste.
[F35.In paragraph 1, “second part of the categorisation legislation”—
(a)as it extends to England and Wales, means the second indent of Annex 3 to Directive 2006/21/EC;
(b)as it extends to Scotland, means paragraph (b) 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 2 of Schedule 3 to the 2015 NI Regulations.]
Textual Amendments
F1Words in Art. 7(1) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 7(1)(a) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)