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The Environmental Permitting (England and Wales) Regulations 2016

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The Environmental Permitting (England and Wales) Regulations 2016, SCHEDULE 9 is up to date with all changes known to be in force on or before 14 August 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Regulation 35(1)

SCHEDULE 9E+WWaste operations and materials facilities

This schedule has no associated Explanatory Memorandum

PART 1E+WWaste operations

ApplicationE+W

1.  This Schedule applies in relation to every waste operation.

InterpretationE+W

2.  In this Schedule—

“disposal” has the same meaning as in the Waste Framework Directive and related terms are to be construed accordingly;

“recovery” has the same meaning as in the Waste Framework Directive and related terms are to be construed accordingly.

Exercise of relevant functionsE+W

3.—(1) The regulator must exercise its relevant functions—

(a)for the purposes of ensuring that—

(i)the waste hierarchy referred to in Article 4 of the Waste Framework Directive is applied to the generation of waste by a waste operation;

(ii)waste generated by a waste operation is treated in accordance with Article 4 of the Waste Framework Directive;

(b)for the purposes of [F1ensuring the objectives of Article 13 of the Waste Framework Directive are met], but not in respect of nuisances and hazards arising from traffic beyond the site of a waste operation;

(c)so as to ensure that the requirements in the second paragraph of Article 23(1) of the Waste Framework Directive are met;

(d)so as to ensure compliance with the following Articles of the Waste Framework Directive—

(i)Article 18(2)(b) and (c);

(ii)Article 23(3);

(iii)Article 23(4);

(iv)Article 35(1).

(2) But the following duties take effect in relation to an environmental permit which was in force on the date of coming into force of the Waste (England and Wales) Regulations 2011 M1 on the first review of the permit by the regulator (under regulation 34(1)) after that date—

(a)the duty in sub-paragraph (1)(a), (d)(i) and (d)(iii);

(b)the duty in sub-paragraph (1)(c), to the extent that it is imposed in relation to Article 23(1)(e) and (f).

Textual Amendments

Marginal Citations

M1S.I. 2011/988, amended by S.I. 2011/600 (W. 88), 2043, 2012/767, 1889, 2013/141, 755 (W. 90), 2014/656, 2015/483, 1360, 1417 (W. 141), 1640, 2016/58 (W. 28), 691 (W. 189) and 738.

PART 2E+WMaterials facilities

CHAPTER 1E+WIntroductory provisions, conditions and functions

Assessment and notificationE+W

1.—(1) At the start of each reporting period, the operator of a materials facility must assess the amount of F2... waste material that facility is likely to receive during the relevant year by having regard to— 

(a)the amount of F2... waste material received at that facility during the period of 12 months immediately preceding the start of that reporting period, and

(b)the anticipated amount of F2... waste material that will be received by that facility during the relevant year.

(2) The operator must notify the regulator [F3in writing] before the end of the reporting period if the assessment undertaken at the start of that period indicates that the materials facility is likely to receive a minimum of 1,000 tonnes of F2... waste material during the relevant year.

(3) Where the operator has given a notification under sub-paragraph (2), no further notification is required under that sub-paragraph in relation to any subsequent assessment, for so long as that notification is not withdrawn.

(4) The operator may withdraw, in writing, a notification given under sub-paragraph (2) at any time if the operator considers that the materials facility is not likely to receive a minimum of 1,000 tonnes of F2... waste material during the relevant year.

(5) In this paragraph, “relevant year” means the period of 12 months that commences on the first day of a reporting period.

Textual Amendments

InterpretationE+W

2.—(1) In this [F4Part] —

[F5“drink” means—

(a)

water suitable for human consumption,

(b)

a beverage suitable for human consumption,

(c)

a sports drink suitable for human consumption, or

(d)

a liquid which constitutes a beverage or sports drink suitable for human consumption if it is—

(i)

diluted,

(ii)

combined with crushed ice, or processed so as to create crushed ice,

(iii)

combined with carbon dioxide, or

(iv)

prepared by way of a process that involves any combination of the processes mentioned in paragraphs (i) to (iii) and includes, for example, fruit squash or fruit cordial;]

[F5“drink container” means a bottle or can in which a drink is supplied and which—

(a)

is made wholly or mainly from polyethelene terephthalate (PET) plastic, steel or aluminium,

(b)

has a capacity of at least 50 millilitres but no more than three litres of liquid,

(c)

when it is filled for supply, is securely closed, and

(d)

is designed to be used only once, or for a short period of time, before being discarded,

together with any label applied to it and its lid or other closures;]

[F5“fibre-based composite material” means packaging material which is made of paperboard or paper fibres, laminated with plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand;]

“material particles” means—

(a)

for specified output material that is made up in largest proportion of glass material, particles of that material that measure less than 13 millimetres along their longest dimension, and

(b)

in relation to all other types of specified output material and for F2... waste material, particles of material measuring less than 55 millimetres along their longest dimension;

“materials facility” means, subject to sub-paragraph (2), a regulated facility or part of a regulated facility that receives F2... waste material [F6in order to—

(a)

separate it into specified output material, or

(b)

consolidate it into bulk quantities (whether as a first point of consolidation for such waste or following the first consolidation of bulk quantities transferred from other suppliers),

for the purpose of selling it, or transferring it to other facilities or persons to enable that material to be prepared for re-use or recycling;]

F7...

“non-recyclable material” means waste material that is not capable of being recycled;

“non-target material” means material that is capable of being recycled but is not a target material;

[F8“packaging” means all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods, from raw materials to processed goods, from the producer to the user or the consumer, including non-returnable items used for the same purposes, but only where the products are—

(a)

primary packaging, which is packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase;

(b)

secondary packaging, which is packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is supplied as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale; it can be removed from the product without affecting the product’s characteristics;

(c)

tertiary packaging, which is packaging conceived so as to facilitate handling and transport of a number of sales units or secondary packaging in order to prevent damage from physical handling and transport damage and for these purposes tertiary packaging does not include road, rail, ship and air containers;

(d)

shipment packaging, which is packaging in addition to primary packaging on items which are sold online or by mail order which are either delivered direct to the purchaser or collected by the purchaser from a shop or other collection point after they have been purchased;]

“reporting period” means any of the following periods—

(a)

1st January to 31st March;

(b)

1st April to 30th June;

(c)

1st July to 30th September;

(d)

1st October to 31st December;

“specified output material” means a batch of material (whether or not waste) that is—

(a)

produced from a separating process for F2... waste material, and

(b)

[F9made up of one or more of the following kinds of material—

(i)

glass;

(ii)

metal;

(iii)

paper;

(iv)

card;

(v)

plastic;

(vi)

fibre-based composite material;]

[F10“sports drink” means a drink which is advertised or marketed as a product to enhance physical performance, accelerate recovery after exercise or build bulk, or other similar drink;]

“target material” means [F11material (whether of one kind or more)] that is identified by the operator of a materials facility as destined [F12(whether by that facility or by other facilities or persons)] to be separated out from F2... waste material [F13or consolidated] in order to produce bulk quantities of that identified material;

[F14“waste material” means waste that—

(a)

is household waste, or originates from a source other than household waste but is similar to household waste in terms of its nature or composition,

(b)

has been separately collected (whether as a single kind of material or two or more kinds of material mixed together) for the primary purpose of preparing it for re-use or recycling, and

(c)

consists (whether wholly or in part) of any of the following kinds of material—

(i)

glass;

(ii)

metal;

(iii)

paper;

(iv)

card;

(v)

plastic;

(vi)

fibre-based composite material.]

(2) In this [F15Part] —

[F16(a)any reference to a “materials facility” excludes a facility or part of a facility—

(i)at which all the waste material received during a reporting period is attributable exclusively to a single supplier, unless the waste material so received is separated into specified output material at that facility;

(ii)that is provided pursuant to arrangements made under section 51(1)(b) of the 1990 Act by an authority that is a waste disposal authority within the meaning of section 30(2) of that Act;

(iii)that undertakes the processing or sorting of WEEE, waste batteries or accumulators;]

(b)references to [F17recycling,] “recycled” or “recyclable” are to be construed in accordance with the meaning of “recycling” given in Article 3(17) of the Waste Framework Directive.

[F18(3) For the purposes of this Part, in relation to a batch of waste material received at a materials facility—

(a)where that batch comprises material collected pursuant to arrangements made under section 45(1)(a) or (b) of the 1990 Act by an authority that is a waste collection authority within the meaning of section 30(3) of that Act, that authority is the supplier, except in a case falling within paragraph (b);

(b)where that batch has been transferred from another materials facility, the operator of the materials facility from which that material was transferred is the supplier;

(c)in a case not falling within paragraph (a) or (b), the person who collected the material or, if that person is not known, the person responsible for delivering it to the materials facility is the supplier.]

Textual Amendments

Specification of conditions of environmental permits and exercise of relevant functionsE+W

3.—(1) An environmental permit relating to a materials facility is subject to the condition that the operator of that facility must comply with paragraph 1(1) and (2) of this Part.

(2) Where the operator of a materials facility has given notification under paragraph 1(2) of this Part, an environmental permit relating to that facility is subject to the condition that the operator must comply with Chapter 2 of this Part for so long as that notification has not been withdrawn under paragraph 1(4) of this Part.

(3) The regulator must exercise its relevant functions in relation to a materials facility to ensure compliance with Chapter 2 of this Part.

(4) In the event of any inconsistency between the requirements imposed by virtue of Chapter 2 of this Part and any other condition contained in any environmental permit relating to a materials facility, the requirements imposed by Chapter 2 of this Part prevail.

CHAPTER 2E+WMeasurement and reporting requirements for materials facilities

Input materialE+W

4.—(1) The operator of a materials facility must measure the total weight in tonnes of F2... waste material received at that facility, from each supplier, during each reporting period.

[F19(2) The operator of a materials facility must take samples of the waste material received at that facility, from each supplier, during each reporting period, except where that material is identified and kept apart as material which is to be transferred by the operator to another materials facility or person for the purpose of enabling it to be prepared for re-use or recycling, and measure the composition of those samples.]

(3) For the purposes of sub-paragraph (2), one sample must be taken for every [F2075] tonnes of F2... waste material received at the materials facility from each supplier.

(4) The total weight of all the samples taken for the purposes of sub-paragraph (3) must provide an average weight of 60kg or more per sample, and each sample taken must not weigh less than 55kg.

(5) For the purposes of sub-paragraph (2), measuring the composition of a sample taken means identifying the materials comprising that sample by reference to—

(a)the types of target material, non-target material and non-recyclable material that is contained in the sample,

[F21(aa)subject to sub-paragraph (6A), the type of packaging that is contained in each type of target material, non-target material and non-recyclable material identified in that sample, including by reference to drink containers as a type of packaging,] and

(b)the weight in kilograms of each type of target material, non-target material and non-recyclable material [F22and each type of packaging] that is so identified.

(6) [F23The] material that is identified in a sample taken for the purposes of sub-paragraph (2) must, as a minimum, be separately identified by reference to the following F24...—

[F25(a)glass;

(b)aluminium;

(c)steel;

(d)paper;

(e)card;

(f)plastic bottles;

(g)plastic pots, tubs and trays;

(h)film or other flexible plastic;

(i)other plastic (not falling within paragraphs (f) to (h));

(j)fibre-based composite material;]

[F26(6A) Any glass that is identified in a sample taken for the purposes of sub-paragraph (2) must be separately identified and weighed as a type of packaging in accordance with sub-paragraph (5)(aa) only where the operator is given written notice by the regulator of the requirement to do so, and any such notice—

(a)must be given at least four weeks prior to the commencement of the reporting period in respect of which the measurements are to be taken, and

(b)must specify the minimum number of samples for each supplier in respect of which the measurements are required.]

(7) If the sample taken under sub-paragraph (2) contains material particles, they are deemed to comprise the proportions of [F27the types of target materials, non-target materials, non-recyclable materials and packaging (including glass packaging where notice has been given under paragraph (6A))] already identified as making up the other contents of that sample, and the weight of the material particles must be apportioned according to those proportions for that particular sample.

[F28(8) For the purposes of this paragraph, where a batch of waste material received at a materials facility comprises material from more than one supplier, and the proportion of that batch attributable to a particular supplier cannot reasonably be ascertained, an estimate of the proportion is sufficient.

(9) The operator of a materials facility must ensure that the composition of each sample taken for the purposes of this paragraph is representative of the materials comprising the waste material from which it is taken.]

Textual Amendments

Output materialE+W

5.—(1) Apart from the F2... waste material mentioned in sub-paragraph (2) and the specified output material mentioned in sub-paragraph (3), the operator of a materials facility must measure the total weight in tonnes of all other waste material that leaves the facility in each reporting period.

[F29(2) The operator of a materials facility must measure the total weight in tonnes of all waste material that leaves the facility in each reporting period that has been identified and kept apart as material to be transferred by the operator to another materials facility or person for the purpose of enabling that material to be prepared for re-use or recycling.]

(3) The operator of a materials facility must measure the total weight in tonnes of specified output material that leaves the facility in each reporting period.

(4) The operator of a materials facility must take samples of the specified output material produced at that facility in a reporting period and measure the composition of those samples.

(5) For the purpose of fulfilling the requirements in sub-paragraphs (3) and (4), the specified output material must, as a minimum, be identified by reference to the grade of glass, [F30paper, card, aluminium, steel, plastic or fibre-based composite] material making up each batch of specified output material.

(6) For the purpose of sub-paragraph (4), measuring the composition of a sample taken by the operator means identifying the materials comprising that sample, by reference to—

(a)the type of target material, non-target material and non-recyclable material that is contained in the sample,

[F31(aa)subject to sub-paragraph (6A), the type of packaging that is contained in each type of target material, non-target material and non-recyclable material identified in that sample, including by reference to drink containers as a type of packaging,] and

(b)the weight in kilograms of each type of target material, non-target material and non-recyclable material [F32and each type of packaging] that is so identified.

[F33(6A) Any glass that is identified in measuring the composition of a sample for the purpose of sub-paragraph (4) must be separately identified and weighed as a type of packaging in accordance with sub-paragraph (6)(aa) only where the operator is given written notice by the regulator of the requirement to do so, and any such notice—

(a)must be given at least four weeks prior to the commencement of the reporting period in respect of which the measurements are to be taken, and

(b)must specify the minimum number of samples for each supplier in respect of which the measurements are required.]

(7) [F34Subject to sub-paragraph (7A)] the samples mentioned in sub-paragraph (4) must be taken at a minimum frequency of once per the amount in tonnes that is specified in the second column of the following table, in relation to the type of F35... material that is mentioned in the first column—

F35... MaterialAmount
Glass50 tonnes
Paper60 tonnes
[F36Card 60 tonnes]
Metal [F37(comprising aluminium, steel or both)]20 tonnes
Plastic15 tonnes
[F38Fibre-based composite material 60 tonnes]

[F39(7A) Where a sample contains more than one type of material, the applicable minimum frequency is to be determined by reference to the lowest figure in the second column of the table that is specified in relation to a material contained in the sample.]

[F40(8) The minimum weight of any sample taken for the purposes of sub-paragraph (4) is—

(a)10kg in relation to glass,

(b)50kg in relation to paper,

(c)50kg in relation to card,

(d)10kg in relation to metal (comprising aluminium, steel or both),

(e)20kg in relation to plastic, and

(f)50kg in relation to fibre-based composite material,

and for these purposes any sample that contains more than one type of material is to be treated as though it comprised only the material to which the lowest sampling frequency applies as determined under sub-paragraph (7A).]

(9) For the purposes of sub-paragraph (5), the grade of a material means a description of that kind of material by reference to its particular material specification.

(10) If the sample taken under sub-paragraph (4) contains material particles, they are deemed to comprise the proportions of [F41the types of target materials, non-target materials, non-recyclable materials and packaging (including glass packaging where notice has been given under sub-paragraph (6A))] already identified as making up the other contents of that sample, and the weight of the material particles must be apportioned according to those proportions for that particular sample.

[F42(11) The operator of a materials facility must ensure that the composition of each sample taken for the purposes of this paragraph is representative of the materials comprising the batch of specified output material from which it is taken.]

Textual Amendments

RecordsE+W

6.—(1) The operator of a materials facility must record the following information [F43obtained for the purposes of paragraphs 4 and 5]—

(a)the measurements taken under paragraph 4(1) [F44and, for each batch of material of which the total weight is comprised—

(i)the date the batch was received, and

(ii)the name and address of the supplier (or of each supplier) for the batch concerned];

[F45(b)details of all the samples and measurements taken for the purposes of paragraph 4(2) including the weight in kilograms of each sample and its composition and the date the sample was taken;]

[F46(ba)details of the methodology used in each case to ensure that the composition of the sample is representative for the purposes of paragraph 4(9);]

(c)the measurements taken under paragraph 5(1) and details of where the other waste material that leaves the facility in each reporting period is sent [F47and of the date it is sent];

(d)the measurements taken under paragraph 5(2) and details of where the F2... waste material that leaves the facility in each reporting period is sent [F48and of the date it is sent];

(e)the measurements taken under paragraph 5(3) and details of where the specified output material that leaves the facility in each reporting period is sent [F49and of the date it is sent];

[F50(f)details of all the samples and measurements taken for the purposes of paragraph 5(4) including the weight in kilograms of each sample and its composition, the date the sample was taken and any other details identifying the batch of specified output material from which it was taken;]

(g)details of the amount in tonnes of specified output material that is produced by the materials facility in a reporting period, by reference to the grade of glass, [F51aluminium, steel], paper [F52, card] and plastic F53... material that makes up that batch of material;

[F54(h)details of the methodology used in each case to ensure that the composition of the sample is representative for the purposes of paragraph 5(11).]

(2) The information recorded under sub-paragraph (1) must—

(a)be retained by the operator of a materials facility for a minimum of 4 years from the date that it is first recorded [F55in the case of information recorded before 1st October 2024 and for a minimum of 7 years from the date that it is first recorded in the case of information recorded on or after 1st October 2024], and

(b)be produced for inspection by the regulator if required during [F56the period in which the information concerned is required to be retained].

Textual Amendments

Reports to the regulatorE+W

7.—(1) The operator of a materials facility must provide a report to the regulator that includes the information set out in sub-paragraphs (3) and (4).

(2) The report mentioned in sub-paragraph (1) must be—

(a)produced in electronic format [F57and in the form specified by the regulator], and

(b)submitted to the regulator in respect of a reporting period within 1 month of the expiry of that period.

(3) The following information must be provided for all F2... waste material that is received by the materials facility during a reporting period—

(a)the measurements taken under paragraph 4(1) [F58and the details for each batch of material recorded in accordance with paragraph 6(1)(a)];

(b)the total number of all samples taken for each supplier under paragraph 4(2);

(c)the total weight in kilograms of all the samples taken for each supplier under paragraph 4(2) [F59and the details for those samples as recorded in accordance with paragraph 6(1)(b)];

F60(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The following information must be provided in respect of F61... material that leaves the materials facility during a reporting period—

(a)the measurements taken under paragraph 5(1) and details of where the other waste material is sent [F62recorded in accordance with paragraph 6(1)(c)];

(b)the measurements taken under paragraph 5(2) and details of where the F2... waste material is sent [F63recorded in accordance with paragraph 6(1)(d)];

(c)the measurements taken under paragraph 5(3) [F64and details of where the specified output material is sent recorded in accordance with paragraph 6(1)(e)];

(d)the total number of all samples taken under paragraph 5(4);

(e)the total weight in kilograms of all the samples that are taken under paragraph 5(4) [F65, with the details for those samples recorded in accordance with paragraph 6(1)(f)];

F66(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F68Disclosure of information by the regulator E+W

8.  The regulator may share any information obtained from the operator of a materials facility under this Part with—

(a)a person who is appointed, by virtue of regulations made under Part 1 of Schedule 5 to the Environment Act 2021, as an administrator of a scheme for producer responsibility for disposal costs (“the administrator”), and

(b)any other person who is exercising functions on that administrator’s behalf,

for the purpose of enabling the exercise of functions conferred on the administrator under those regulations.]

Textual Amendments

[F69PART 3E+WWaste operations: management and technical competence conditions

Textual Amendments

Written management system conditionsE+W

1.—(1) An environmental permit which meets each of the following criteria is subject to conditions A and B—

(a)the permit was granted before 6th April 2008;

(b)the permit does not authorise a waste operation carried on at an installation or by means of a Part B mobile plant; and

(c)the permit does not, immediately before 7th April 2019, contain a condition referring to a management system recorded in writing relating to risks relating to pollution.

(2) Condition A is that the operator must manage and operate the waste operation in accordance with a system (a “written management system”), described in a document or documents, which identifies and minimises the risks of pollution arising from the waste operation, including (but not limited to) those—

(a)arising from operations (including maintenance);

(b)arising from an accident or other incident;

(c)arising from a failure to comply with or from a contravention of the environmental permit in question;

(d)identified following a complaint; or

(e)arising from the closure of the operation.

(3) Condition B is that the operator must—

(a)from time to time, review the written management system and keep it up to date; and

(b)keep a written record of—

(i)activities carried out in accordance with the written management system; and

(ii)any review or update under paragraph (a).

(4) If the regulator varies an environmental permit which meets the criteria in paragraph (1) so as to include a condition referring to a management system recorded in writing relating to risks relating to pollution, this paragraph ceases to apply to that environmental permit.

Technical competence: notification conditionE+W

2.—(1) An environmental permit is subject to the condition in sub-paragraph (6) if it meets one or both of the following criteria.

(2) The first criterion is that the permit authorises a waste operation which is not carried on at an installation or by means of a Part B mobile plant.

(3) The second criterion is that the permit authorises a specified waste management activity.

(4) Each of the following activities is a specified waste management activity—

(a)the disposal of waste in a landfill falling within Section 5.2 of Part 2 of Schedule 1;

(b)the disposal of hazardous waste falling within Section 5.3 of Part 2 of Schedule 1;

(c)the recovery of hazardous waste falling within Part A(1)(a)(i), (ii), (iii), (iv), (v), (viii) or (x) of Section 5.3 of Part 2 of Schedule 1;

(d)the disposal of non-hazardous waste falling within Part A(1)(a) of Section 5.4 of Part 2 of Schedule 1;

(e)the recovery or a mix of recovery and disposal of non-hazardous waste falling within of Part A(1)(b) of Section 5.4 of Part 2 of Schedule 1;

(f)the temporary or underground storage of hazardous waste falling within Section 5.6 of Part 2 of Schedule 1.

(5) But an activity falling within sub-paragraph (4)(b) to (f) is not a specified waste management activity if that activity—

(a)is carried on at the same installation as a Part A(1) activity not mentioned in sub-paragraph (4); and

(b)is not the activity which constitutes the primary purpose for operating the installation.

(6) The condition is that the operator must periodically give to the regulator—

(a)information demonstrating the operator’s compliance with one of the following standards during the relevant period; or

(b)if the operator did not comply with one of the following standards during the relevant period, information to that effect.

(7) The first standard is the CIWM/WAMITAB Operator Competence Scheme, Version 9, September 2018, published by WAMITAB.

(8) The second standard is the Competence Management System: Requirements, Version 4, April 2015, published by Energy and Utility Skills.

(9) In sub-paragraph (6)—

(a)the reference to giving information periodically is a reference to giving information in each quarterly or annual return (as the case may be) for giving information about waste acceptance or removal in accordance with the environmental permit in question;

(b)“relevant period” means—

(i)in relation to the first period, the period beginning with 7th April 2019 and ending with the end of the period to which the first return relates;

(ii)in relation to each subsequent period, the quarter or year (as the case may be) to which the return relates.

(10) The regulator may amend the form for giving information about waste acceptance or removal in accordance with an environmental permit so as to enable information to be given in accordance with this paragraph.]

[F70Part 4E+WWaste separately collected for preparing for re-use and recycling not to be incinerated

Textual Amendments

1.—(1) Every environmental permit which authorises a small waste incineration plant, a waste co-incineration plant, or a waste incineration plant is deemed to contain the following condition, unless such a condition to the same effect is included in the permit.E+W

(2) The condition is that the operator must not accept—

(a)[F71any waste paper, metal, plastic or glass] [F71in Wales, any waste paper, card, cartons, metal, plastic, glass, food, small electrical and electronic equipment or unsold textiles] for incineration if that waste has been separately collected for the purpose of preparing for re-use or recycling; or

(b)any waste for incineration that results from the treatment of waste referred to in paragraph (a), unless—

(i)the relevant permit authorises the operator to accept that type of waste for incineration; and

(ii)incineration of that waste delivers the best environmental outcome in accordance with regulation 12 of the Waste (England and Wales) Regulations 2011.

[F72(3) For the purposes of this paragraph—

“cartons” means fibre-based composite packaging, being packaging material which is made of paperboard or paper fibres, laminated with low density polythene or polypropylene plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand;

“electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current;

“small electrical and electronic equipment” means electrical and electronic equipment falling within one of the categories of EEE listed in Schedule 3 to the Waste Electrical and Electronic Equipment Regulations 2013, excluding items with any external dimension of more than 50 centimetres;

“unsold” means an unused consumer product, in a factory, retail premises, wholesaler, warehouse or other premises, that has not been sold to a consumer or has been sold and returned by a consumer.]]

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