The Pollution Prevention and Control (England and Wales) Regulations 2000

Interpretation of Section 5.1

In this Section—

• “clinical waste”, in the definition of “exempt incineration plant”, means waste (other than waste consisting wholly of animal remains) which falls within sub-paragraph (a) or (b) of the definition of such waste in paragraph (2) of regulation 1 of the Controlled Waste Regulations 1992(1) (or would fall within one of those sub-paragraphs but for paragraph (4) of that regulation);

• “exempt incineration plant” means any incineration plant on premises where there is plant designed to incinerate waste, including animal remains, at a rate of 50 kilogrammes or less per hour, not being an incineration plant employed to incinerate clinical waste, sewage sludge, sewage screenings or municipal waste; and the for purposes of this definition, the weight of waste shall be determined by reference to its weight as fed into the incineration plant;

• “hazardous waste” means waste as defined in Article 1(4) of Council Directive 91/689/EEC on hazardous waste(2);

• “incineration” includes pyrolysis;

• “incineration of hazardous waste in an incineration plant” means the incineration by oxidation of hazardous wastes, with or without recovery of the combustion heat generated, including pre-treatment and thermal treatment processes, for example, plasma process, in so far as their products are subsequently incinerated, and includes the incineration of such wastes as regular or additional fuel for any industrial process;

• “municipal waste” means municipal waste as defined in Council Directives 89/369/EEC(3) and 89/429/EEC(4);

• “specified hazardous waste” means—

  (a)

  combustible liquid wastes, including waste oils as defined in Article 1 of Council Directive 75/439/EEC on the disposal of waste oil(5), provided that they meet the following three criteria—

  (i)

  the mass content of polychlorinated aromatic hydrocarbons, for example, polychlorinated biphenyls or pentachlorinated phenol, amounts to concentrations not higher than those set out in the relevant Community legislation(6);

  (ii)

  these wastes are not rendered hazardous by virtue of containing other constituents listed in Annex II to Council Directive 91/689/EEC on hazardous waste in quantities or in concentrations which are inconsistent with the achievement of the objectives set out in Article 4 of Council Directive 75/442/EEC on waste(7); and

  (iii)

  the net calorific value amounts to 30 MJ or more per kilogramme;

  (b)

  combustible liquid wastes which cannot cause, in the flue gas directly resulting from their combustion, emissions other than those from gas oil, as defined in Article 1(1) of Council Directive 75/716/EEC on the approximation of the laws of Member States relating to the sulphur content of certain liquid fuels(8) or a higher concentration of emissions than those resulting from the combustion of gas oil as so defined;

  (c)

  sewage sludges from the treatment of municipal waste waters which are not rendered hazardous by virtue of containing constituents listed in Annex II to Council Directive 91/689/EEC on hazardous waste in quantities or in concentrations which are inconsistent with the achievement of the objectives set out in Article 4 of Council Directive 75/442/EEC on waste; and

  (d)

  infectious clinical waste, provided that such waste is not rendered hazardous as a result of the presence of constituents listed in Annex II to Council Directive 91/689/EEC on hazardous waste other than constituent C35 in that list (infectious substances).

(1)

S.I. 1992/588.

(2)

OJ No. L 377, 31.12.91, p. 20.

(3)

OJ No. L 163, 14.6.89, p. 32.

(4)

OJ No. L 203, 15.7.89, p. 50.

(5)

OJ No. L 194, 25.7.75, p. 23.

(6)

See, in particular Council Directive 96/59/EC (OJ No. L 243, 24.9.96, p. 31).

(7)

OJ No. L 194, 25.7.75, p. 39; amended by Council Directives 91/156/EEC (OJ No. L 78, 26.3.91, p. 32) and 91/692/EEC (OJ No. L 377, 31.12.91, p. 48) and Commission Decision 96/350/EC (OJ No. L 135, 6.6.96, p. 32).

(8)

OJ No. L 307, 27.11.75, p. 22.