PART 4Mixing Hazardous Waste

Meaning of mixing hazardous waste18

For the purposes of these Regulations, hazardous waste of any description shall be considered to have been mixed if it has been F1diluted or has been mixed with—

a

a different category of hazardous waste;

F2aa

in the case of hazardous waste comprising waste oil, waste oil of different characteristics;

b

a non-hazardous waste; or

c

any other substance or material.

Prohibition on mixing hazardous waste without a permit19

1

Subject to paragraphs F3(2), (3) and (4), no establishment or undertaking which carries out the disposal or recovery of hazardous waste, or which produces, collects or transports hazardous waste, shall mix any hazardous waste.

2

Paragraph (1) does not apply so as to prohibit a process by which waste is produced and which results in the production of mixed wastes, being a process other than one which mixes a waste with any other waste, substance or material, resulting in—

a

a change in the nature or composition of that waste;

b

or the production of another waste.

3

Paragraph (1) does not apply to the extent that the mixing is part of a disposal or recovery operation and is authorised by, and is conducted in accordance with, the requirements (howsoever expressed) of a waste permit F4....

F64

Paragraph (1) applies to the mixing of waste oil only where such mixing would impede regeneration or another recycling operation delivering an equivalent or a better overall outcome than regeneration.

5

In paragraph (4)—

  • “recycling” means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes, including the reprocessing of organic material but not including energy recovery or reprocessing into materials that are to be used as fuels;

  • “regeneration” means any recycling operation whereby base oils can be produced by refining waste oils, in particular by removing the contaminants, the oxidation products and the additives contained in such oils.

Duty to separate mixed wastes20

1

F8Paragraph (2) applies to the holder where—

a

the hazardous waste has been mixed other than under and in accordance with a waste permit F5..., whether by the holder or a previous holder; and

b

separation is both—

i

technically F9... feasible; and

ii

necessary in order to comply with the Waste Directive conditions.

2

The holder must make arrangements for separation of the waste to be carried out in accordance with a waste permit or registered exemption as soon as reasonably practicable.

F72A

Where separation is not required pursuant to paragraph (2), the holder must make arrangements for mixed hazardous waste to be treated at a facility authorised by a waste permit to treat that waste.

3

In this Regulation “separation” means separation of a waste from any other waste, substance or material with which it has been mixed.