The Pollution Prevention and Control (Scotland) Regulations 2012

Interpretation of Section 5.1 S

In this Section—

“biomass waste” means—

(a)

vegetable waste from agriculture and forestry,

(b)

vegetable waste from the food processing industry, but only if the heat generated during incineration of the waste is recovered,

(c)

fibrous vegetable waste from virgin pulp production and from production of paper from pulp, but only if the—

(i)

waste is co-incinerated at the place of production of the waste, and

(ii)

heat generated during incineration of the waste is recovered,

(d)

cork waste, and

(e)

wood waste, with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating and which includes, in particular, such wood waste originating from construction and demolition waste,

“co-incineration” means—

(a)

the use of waste as a regular or additional fuel in a co-incineration plant, or

(b)

the thermal treatment of waste for the purposes of disposal in a co-incineration plant,

“co-incineration plant” means any stationary or mobile plant which uses waste as a regular or additional fuel—

(a)

whose main purpose is the generation of energy or the production of material products, and

(b)

in which waste is thermally treated for the purpose of disposal through—

(i)

the incineration by oxidisation of waste, or

(ii)

other thermal treatment processes (such as pyrolysis, gasification or a plasma process),

provided that the substances resulting from the treatment are subsequently incinerated,

“hazardous waste” does not include any—

(a)

combustible liquid waste (including waste oils) provided that—

(i)

the mass content of polychlorinated aromatic hydrocarbons (that is, polychlorinated biphenyls (PCB) or pentachlorophenol (PCP)) in the waste amounts to concentrations not higher than those set out in the relevant Union legislation M1 ,

(ii)

the waste is not rendered hazardous by virtue of displaying properties set out in Annex III to the Waste Framework Directive, and

(iii)

the net calorific value of the waste amounts to at least 30 megajoules per kilogramme; and

(b)

other combustible liquid waste which cannot cause in the flue gas directly resulting from their combustion—

(i)

emissions other than those from gas oil as defined in Article 2(2) of Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 2005/33 M2 , or

(ii)

a higher concentration of emissions than those resulting from the combustion of gas oil as so defined;

“incineration” means the thermal treatment of waste with or without recovery of the combustion heat generated,

“incineration plant” means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through—

(i)

incineration by oxidisation of waste, or

(ii)

other thermal treatment processes (such as pyrolysis, gasification or a plasma process),

provided that the substances resulting from the treatment are subsequently incinerated,

“waste” means any solid or liquid waste as defined in Article 3(1) of the Waste Framework Directive.

Marginal Citations

M1 See in particular Council Directive 96/59/EC (OJ L 243, 24.09.96, p.31), as amended by Regulation (EC) No 596/2009 (OJ L 188, 18.7.2009, p.14).

M2 OJ L 121, 11.5.1999, p.13, as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p.11), Directive 2005/33/EC (OJ L 191, 22.7.2005, p.59), Regulation (EC) No 219/2009 (OJ L 87, 31.3.2009, p.109), and Directive 2009/30/EC (OJ L 140, 5.6.2009, p.88).