3.—(1) This paragraph describes waste which is to be treated as household waste, commercial waste or industrial waste because of its nature or the activity which produces it notwithstanding the place where it is produced.
(2) The second column of the table describes the nature of the waste or the activity which produces it.
(3) The waste must be treated for the purposes of Part 2 of the Act as the type of waste mentioned in the third column, subject to any exception in the fourth column.
(4) But in a case where paragraph 4(3) requires waste to be treated inconsistently with sub-paragraph (3), the requirements of that paragraph take precedence.
| No. | Description | Classification | Exceptions |
|---|---|---|---|
| 1 | Waste arising from the discharge of duties under section 89(1)(a), (c) or (f) of the Act (duties to collect litter and refuse) | Household waste | |
| 2 | Waste arising from the discharge by a local authority of its duty under section 89(2) of the Act (duty to ensure highways and roads are kept clean) | Household waste | |
| 3 | Waste arising from the discharge of duties under sections 89(1)(d), 92(9), 92C(3) and 93 of the Act(1) (duties and powers in relation to the collection of litter and refuse) | Commercial waste | |
| 4 | Waste collected under section 22(3) of the Control of Pollution Act 1974(2) (street cleaning) | Commercial waste | |
| 5 | Waste arising from the discharge of duties under section 89(1)(b) and (e) of the Act (duties to collect litter and refuse) | Industrial waste | |
| 6 | Waste arising from the discharge by the Secretary of State or the Welsh Ministers of the duty under section 89(2) of the Act(3) (duty to ensure highways and roads are kept clean) | Industrial waste | |
| 7 | Hazardous waste arising from the following activities carried on at premises used for the purposes of a trade or business— (a) mixing or selling paints; (b) sign writing; (c) laundering or dry cleaning; (d) developing photographic film or making photographic prints; (e) selling petrol, diesel fuel, paraffin, kerosene, heating oil or similar substances; (f) selling pesticides, herbicides or fungicides | Industrial waste | |
| 8 | Waste oil, waste solvent or scrap metal | Industrial waste | Where the waste is produced at the following places it is to be treated as household waste— (a) a residential home; (b) domestic property, a caravan or land belonging to or used in connection with such a place; (c) a private garage which has a floor area of 25m2 or less or is used wholly or mainly for the accommodation of a private motor vehicle; (d) private storage premises used wholly or mainly for the storage of articles of domestic use; (e) a vehicle or vessel used wholly for the purposes of living accommodation, except where it is used in the course of a business for the provision of self-catering accommodation |
| F19 | Waste from construction or demolition works, including preparatory works | Industrial waste | [F1The waste is to be treated as household waste for the purposes of section 34(2) and (2A) of the Act only (disapplication of section 34(1) and duty on the occupier of domestic property to transfer household waste only to an authorised person or for authorised transport purposes)] [F1The waste is to be treated as household waste for the purposes of— (a) section 34(2) and (2A) of the Act (disapplication of section 34(1) and duty on the occupier of domestic property to transfer household waste only to an authorised person or for authorised transport purposes); and (b) section 51 of the Act (functions of waste disposal authorities) but only where— (i) the waste is produced at a domestic property by occupiers of that domestic property carrying out their own construction or demolition works, including preparatory works; (ii) the waste is not from construction or demolition works, including preparatory works, for which payment has been or is to be made; (iii) the amount of waste delivered to any waste disposal site in a single visit is either— (a) less than 100 litres and capable of being fitted into two 50 litre bags, or (b) a single article of waste no larger than 2000mm x 750mm x 700mm in size; and (iv) the waste delivered to waste deposit sites does not exceed four single visits per household in any four week period] |
| 10 | Septic tank sludge | Industrial waste | The waste is to be treated as household waste for the purposes of section 34(2) and (2A) of the Act only |
| 11 | Sewage | Industrial waste | |
| 12 | Clinical waste and offensive waste | Industrial waste | Clinical waste and offensive waste produced at domestic property, a residential home, a caravan or a vehicle or vessel used wholly for the purposes of living accommodation is to be treated as household waste, except that where such a vehicle or vessel is used in the course of a business for the provision of self-catering accommodation, such waste is to be treated as commercial waste Clinical waste and offensive waste collected under section 22(3) of the Control of Pollution Act 1974 or section 89, 92(9), 92C(3) or 93 of the Act is to be treated as household waste or commercial waste in accordance with entries 1 to 6 |
Textual Amendments
F1Sch. 1 para. 3 table entry 9 substituted (E.) (31.12.2023) by The Controlled Waste (England and Wales) (Amendment) (England) Regulations 2023 (S.I. 2023/1243), regs. 1(2), 2(2)
Section 92C was inserted by the Clean Neighbourhoods and Environment Act 2005, section 20(2).
Functions of the Secretary of State under section 89(2), so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, S.I. 1999/672. Those functions were then transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).